BOARD MEETING DATE: May 6, 2005
AGENDA NO. 17

Revise Public Records Act Implementation Guidelines

SYNOPSIS:

State law requires the AQMD to have written guidelines for accessibility to public records in the AQMD’s possession. The guidelines currently in use were last revised in 2001. This action is to update the guidelines with regard to changes in the California Public Records Act since 2001.

COMMITTEE:

Administrative, April 8, 2005, Recommended for Approval

RECOMMENDED ACTION:

Adopt Revised Public Records Act Implementation Guidelines.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

The California Public Records Act (Act), Gov. Code Sections 6250 et seq., is designed to provide the public with access to records in possession of public agencies. Certain state and local bodies, including the AQMD, are required to establish written guidelines for accessibility of records (Section 6253.4). The public is entitled to inspect public records during regular business hours and request a copy of records that "reasonably describe an identifiable record or records" (Section 6253). A public agency is entitled to payment of fees covering the direct costs of duplication, other fees as specified (Section 6253.9), or a statutory fee if applicable (Section 6253(b)).

The District’s Public Records Guidelines have been a cornerstone of its policies and procedures for decades and were most recently revised and adopted by the Board in March 2001. The District receives an annual average of 8,000 requests a year and continuously looks at ways to improve public access to information. The Guidelines are revised and updated as needed to incorporate changes in the California Public Records Act, and other applicable statutes and case law.

Since AQMD’s Implementation Guidelines were last revised in 2001, the California Public Records Act has been amended. The Guidelines’ references to Act provisions need to be updated accordingly. Also, as part of the FY 2003-04 Environmental Justice Workplan, Task II-5 "Further Review of Public Records Policies," a workgroup was convened consisting of members from community groups, the regulated industries, and District staff to review and provide comments on the District’s implementation of the California Public Records Act. These revisions to AQMD’s Implementation Guidelines reflect the comments from the workgroup.

Proposal

This action is to revise AQMD’s Guidelines for Implementing the California Public Records Act to incorporate changes in the California Public Records Act and other applicable statutes and case law.

Attachments

SCAQMD Guidelines for Implementing the California Public Records Act
SCAQMD Instructions for Requesting Records
SCAQMD Public Records Request Form

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