Proposal:

Revise Public Records Act Implementation Guidelines

Synopsis:

State law requires the AQMD to have written guidelines for accessibility to public records. The guidelines currently in use were last revised in 1991. This action is to update the guidelines with regard to recent changes in the California Public Records Act and to clarify that compilation costs may only be charged when the AQMD agrees to create a new document not previously identifiable.

Committee:

Not Applicable.

Recommended Action:

Adopt revised Public Records Act Implementation Guidelines.

Barry R. Wallerstein, D.Env.
Interim Executive Officer

Background

The California Public Records Act, Gov. Code Sections 6250 et seq., is designed to provide the public with access to records in possession of public agencies. Certain public agencies, including the AQMD, are required to establish written guidelines for accessibility to records (Section 6253). The public is entitled to inspect public records during regular business hours and to obtain a copy of any "identifiable public record" (Section 6256). A public agency is entitled to payment of fees covering the direct cost of duplicating an identifiable public record (Section 6257).

The guidelines were last revised in 1991 and it is appropriate to update them to conform to the current law. In addition, nothing in the Public Records Act requires an agency to create a document not previously identifiable. A request to compile a record based on analysis and summary of existing records is not a request for an existing identifiable record and, therefore, is not subject to the Public Records Act. However, the Executive Officer, or designee, may agree to create a new record. The revised guidelines will clarify that costs to do so, including but not limited to staff time incurred in compiling a document, may be required in addition to the duplication costs.

Proposal

This action is to revise AQMD’s Guidelines for Implementing the California Public Records Act to incorporate changes in the law since 1991 and to include a provision for compilation costs when the AQMD agrees to create a new document not previously identifiable. The revised guidelines provide that the District may undertake to create a new document provided the requestor agrees to compensate the District for all costs, including, but not limited to, staff time associated with creating a new document. The revised guidelines also provide that these fees may be waived or reduced at the discretion of the Executive Officer or designee.

Attachment

SCAQMD Guidelines for Implementing the California Public Records Act

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