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
Responsible
Division Head Date Superintendent Date