Oakland City Attorneys Office January 2013

OBJECTIVES:At the end of this training, participants will be able to: Identify public records and the different way requests can be

submitted Learn timelines established by law to respond to public records requests Understand how to respond to public records requests Understand the difference between an exempt and a disclosable record Learn some general tips and guidelines to redact records Understand their obligations and responsibilities when they are asked to inspect records Learn the kind of fees that can be assessed to public records requests1090059

What is a record?A record includes any writing, that is, handwritings, type writings, prints, pictures, photos, videos, audios, faxes, emails, copies, plans, text messages, etc. transmitted by email, fax or any other means of recording.

What is a public record?Public records includes any writing containing information relating to the conduct of the publics business PREPARED, OWNED, USED, or RETAINED by any state or local agency regardless of physical form or characteristics.

Why are city documents public?California Public Records Act was created under the premise that ALL records are public and disclosable, UNLESS there is an exemption in the law that allows to withhold them.

Why are city documents public? ONLY the exempt information shall be redacted, and the rest of the document is disclosable!!!

What kind of information can be exempt?

Any identifying information from complainants shall be redacted.

What kind of information can be exempt?

Personnel, medical, or similar files are also generally exempt from disclosure.

What kind of information can be exempt?Age Dates of birth Personal SSNs Tax returns Bank Statements Employee ID#They can be redacted pursuant the constitutional rights of privacy and to protect against identity theft per Government Code Section 6254(c).

!!!

OPD Records have more

exemptions and different guidelines!!

Business addresses and phone numbers are disclosable.

Home addresses are confidential unless they are the subject property of a loan, permit, etc. However, information related to personal finances, such as credit card debts, personal loans, etc. is exempt.

Records generated for Pending Litigation, until it is settled.

Can personal information from work devices be disclosed?

Can info from personal devices be disclosable?

Can phone bills of city issued cell phones be disclosed even if personal phone numbers are included?

Are emails disclosable?

How can a request be submitted?Orally By Phone By Fax By Mail By email Online (city website) Hand-delivered, etc.

What do I do if I receive a request, and I am not a public records liaison?

If you have the records and there is no concern of disclosure,

provide them immediatelyto requestor

If not, inform your PRR liaison immediately.

Records shall be provided in the format they exist.

Are these statements True or False?

Since requestor is refining the request, s/he needs to submit another PRR.

You shall not spend time clarifying requests. Its requestors responsibility to ask for information clearly.

The local agency staff shall, to the extent possible, assist requestors in making focused and effective requests, by either: (1) Assisting with the identification of records and information that are responsive to the request or to the purpose of the request, if stated. (2) Describing the information technology and physical location in which the records exist, (3) Providing suggestions for overcoming any practical basis for denying access to the request. [California Public Records Act, 6253.1. (a)]

When shall responsive records for a PRR be provided?

As soon as reasonably possible, but NO LATER than 10 calendar days.

DO NOT WAIT UNTIL THE 10th DAY to look for the records!!!!

You can always ask for an extension th on the 10 day.

The deadlines for the Agency to whom the request has been forwarded are based on the time the City received the request, and not the time the request was forwarded to the department

What if request is too big, and requestor refuses to narrow the request?

What if request is too big, and requestor refuses to narrow the request?

TRUE or FALSE?

Records can be inspected for free.

City can charge for staff time to search and retrieve records

City can charge for duplication of hard copies

You must always cite in writing why a record is exempt or redacted.

City can charge for info from databases

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