HIGHLANDS RECREATION DISTRICT

PUBLIC RECORDS ACT POLICY

Public records of the Highlands Recreation District (the “District”) shall be open to inspection during regular office hours of the District to the extent required by law, and except as otherwise provided herein.  “Public Records” are all records of the District retained in the ordinary course of District business and in accordance with the District’s Record Retention Schedule, as may be amended from time to time, and which is incorporated herein by reference, except as otherwise provided herein.  “Public Records” are all records of the District except those which are exempt from disclosure by the California Public Records Act (Gov. Code 6250 et seq.)

DEFINITIONS

A.   The term ‘public records” includes any writing containing information relating to the conduct of the public’s business prepared, owned, used or retained by the District regardless of the physical form or characteristics.

B.   The term “writing” means handwriting, typewriting, printing, photo-stating, photographing, photocopying, electronic mail, facsimile, and every other means of recording upon any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combination thereof, regardless of the manner in which the record has been stored.

POLICY

Records of the Highlands Recreation District are open to inspection at all times during normal office hours at the District’s offices located at 1851 Lexington Avenue, San Mateo, CA.  Every person has the right to inspect nay District record except those records exempted by statute from public disclosure.

PROCEDURE

A.   All requests to view or photocopy District records other than typical billing and account information shall be forwarded to the District’s Executive Assistance for processing.

B.   When a member of the public requests the inspection of a public record, or requests a copy of a public record, and to the extent such records are not exempt, the General Manager shall, to the extent reasonable, assist the individual in identifying records that are responsive, describe the information technology on which the record exists, and provide suggestions for overcoming any practical basis for denying access to the records.

C.   To the extent identifiable public records exist in electronic format, and access to which is not otherwise restricted by law, and to the extent the information is not exempt from disclosure, the information shall be made available to the public in such format, but only if the production will not jeopardize or compromise the security or integrity of the original record or of any proprietary software in which is is maintained.  The person requesting the information shall bear the cost of producing the record, including the cost to construct the record, and the cost of programming and computer service to produce the record when the District is requested to produce a copy of an electronic record that is produced only at otherwise regularly scheduled intervals or that request requires data compilation, extraction, or programming to produce. 

D.   The General Manager will provide a ‘Public Records Request Form’, attached, to each individual who requests the inspection or photocopying of District records and shall assist the individual in completing the form if so requested.  This form is also available on the District website.

E.   Within ten (10) calendar days after receipt of such a request, the General Manager or its designee shall determine whether to comply with such request and shall immediately notify the person making the request of such determination and the reason therefor. The response may include the place within which the inspection must be made, including any time limitations or requirements.  The General Manager will supervise and assist the requestor in reviewing the records and will provide copies upon request and after payment of the appropriate fees of 10 cents per page if paper copies are desired.  There will be no charge for production of documents provided in electronic format and not requiring any compilation or extraction to do so. 

F.    A response to a written request for inspection, or copies of public records that includes a determination that the request is denied, in whole or in part, shall be in writing and shall include the name and title of the District personnel responsible for the denial. 

G.   If the District General Manager is uncertain whether the record is exempt from disclosure under the California Records Act or whether, given the facts of the particular case, the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record, the General Manager shall consult with legal counsel for the District during this initial 10-day period.  In unusual circumstances, the General Manager may, by written notice to the person making the request, extend the response time by a period not to exceed an additional fourteen (14) calendar days to comply with such request.  Unusual circumstances mean the need to search for and collect requested records from field facilities or other locations separate from the office processing the request; or the need to search for, collect, and examine a voluminous amount of records to comply with the request; or the need for consultation with another agency having substantial interest in the determination of the request; or the need to compile data, to write programming language or a computer program, or to construct a computer report to extract data.

H.   Certain records are not open for public inspection.  These include:

a.    Preliminary drafts, notes or interagency memoranda which are not retained by the District in the ordinary course of business, provided that the public interest in withholding those records clearly outweighs the public interest in disclosure

b.    Records pertaining g to pending litigation to which the District is a party, or to claims made pursuant to Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, until such litigation or claim has been finally adjudicated or otherwise settled. 

c.    Personnel, medical or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy

d.    Records of disclosure of which is exempted or prohibited pursuant to provisions of federal or state law, including, but not limited to, provisions for the Evidence Code relating to privilege.

e.    Memoranda, correspondence, and writings submitted to the District or its Board of Directors by District’s legal counsel pursuant to attorney-client privilege.

I.     Should any request for public records contain exempt information including, but not limited to, that list under Government Code sections 6253.5 and 6254, any portion that can reasonably be segregated of such record shall be provided to any person requesting such record after deletion of the portions which are exempt from disclosure by law. 

J.    Inspection of public records shall be made only in a District office, and no document shall be removed therefrom.  A representative of the District will be present during the inspection of any records.

K.   The public records policy of the District shall at all times be subject to the California Public Records Act as it may be amended from time to time, and if there is any conflict between that Act and this policy, the Act shall prevail.

COPIES REQUESTED PURSUANT TO THE POLITICAL REFORM ACT OF 1974

A.   Notwithstanding the other provisions of the District’s Public Records Policy, public records requested pursuant to the Political Reform Act of 1974 (Gov. Code section 81000 et seq.) shall be open for public inspection and reproduction during regular business hours, and not later than the second business day following the day on which the document was received from a public officeholder or other person subject to the Political Reform Act.

B.   No conditions whatsoever shall be placed on those persons desiring to inspect or reproduce reports or statements filed pursuant to the Political Reform Act, nor shall any information or identification re required from such persons.

C.   Copies shall be provided at a cost of ten cents ($.10) per pave, and the filing officer of the District may charge a retrieval fee not to exceed five dollars ($5) per request for copies of reports and statements which are five (5) or more years old.  A request for more than one (1) report or statement or report and statement at the same time will be considered as a single request. 

Approved by HRD Board of Directors September 9, 2014