Community Relations

1340-AR

 

 

ACCESS TO PUBLIC RECORDS

 

 

      A.         Purpose and Scope

                       

To establish regulations governing access to public records and charges for informational copies.

 

B.                 General

 

1.         Request for information concerning public records should be referred to the appropriate division head or designee. Charges may be

                                    made for the actual cost of providing copies of any materials to the public.

2.         Public records include any writing containing information relating to the conduct of the district’s business prepared, owned, used or retained by the district regardless of physical form (e.g. written, electronic, or electronic storage devises).

                        3.         Records to which the public does not have access include, but are not limited to:

a.         Preliminary drafts, notes, interdistrict or intradistrict memoranda which are not retained by the district in the ordinary course of business, provided that the public interest in withholding these records clearly outweigh the public interest in disclosure.

b.         Records specifically prepared for litigation to which the district is a party or to claims made pursuant to the Tort Claims Act.

c.         Personnel records, medical records, student records, personal correspondence, or similar materials, the disclosure of which      would constitute an unwarranted invasion of personal privacy.

d.         Home addresses and home telephone numbers of employees except as provided by law.

e.         Test questions, scoring keys and other examination data except as provided by law.

f.          The contents of real estate appraisals or engineering or feasibility estimates and evaluations made for the district relative to property acquisition.

                                    g.         Computer software or other copyrighted material developed by the district.

                                    h.         Any other records listed as exempt from the public records disclosure in the California Public Records Act or other statutes.

                       

C.                 Forms Used and Additional References

 

                        1.         Education Code Section 49073          Directory Information

                        2.         Board Policy 3543.2                            Copyrighted material

                        3.         Board Policy 5126                               Student Records

                        4.         Board Policy 9330                               School district/Board records

 

D.                 Procedures

 

1.                  Contact appropriate division head, superintendent or designee and request specific information. Such request may be in writing for clarification, but written request can not be required from the public.

2.                  Public records are open to inspection at all times during district office hours. Any reasonable segregated portion of a record shall be made available for inspection after deletion of portions that are exempted by law.

3.                  Within 10 days of receiving any request for a copy of records, the superintendent, division head or designee shall determine whether the request seeks copies of disclosable public records in the district’s possession. That responsible party will promptly notify the person making the request of the determination and grounds for the decision. If the records are discloseable, the determination shall state the estimated date and time when the records will be made available.

4.                  If the superintendent, division head or designee denies a request for disclosable records, the denial shall state the reason for the denial and title of the person responsible for the denial.

5.                  Provisions of the Public Record Act shall not be construed so as to delay access for purposes of inspecting records open to the public.

6.                  The person making the request for copies will be charged ten cents per copy for each page over five pages.

7.                  The person making the copy or copies will issue a receipt for the money and submit the money and receipt to the Accounts Receivable Department.

8.                  In some cases, documents that contain more than five pages may be printed for distribution to the public at large at no charge. These exceptions are to be determined by the superintendent or appropriated division head.

 

E.                 Reports Required

 

None

 

F.                  Record Retention

 

            Accounts Receivable records for receipt of funds.

 

G.                 Responsible Administrative Unit

 

                        Assistant Superintendent,

 

H.                 Approved by

 

 

Tim VanEck                11/30/04                      Dennis M. Smith, Ed.              11/30/04

Responsible Division Head         Date                        Superintendent                        Date