Resolution No. 2022-068
Attachment A
SECTION
City of Fontana
ADMINISTRATIVE PROCEDURE
Administration 20-13
APPROVED
SUBJECT:
Public Records Requests
PAGE 1 of 2 Resolution 2022-068
LAST UPDATED July 26.2022
Purpose:
To establish a procedure and policy for handling public records requests under the California Public Records Act,: to ensure thorough, timely, and coordinated responses to public records requests and provide guidelines for providing information requested under the California Public Records Act.
General Policy:
Requests for records will be processed in accordance with the laws governing the release of public information. It will be the responsibility of the Deputy City Clerk to administer the public records request policy for all departments except the Police Department. All records requests shall be forwarded to the Deputy City Clerk for review and response; the Police Department shall handle records request pursuant to their Police Department Policy.
General Guidelines:
The City shall always make public records open for inspection during the City’s regular business hours. Under enumerated provisions of the California Public Records Act, certain public records may be exempt from disclosure. Public records which are determined by the Deputy City Clerk to be exempt from disclosure will not be made available for public inspection.
All persons seeking to review records may submit a request using the City’s official website. The City will also accept written requests on a form provided by the City. The City will also accept records request that are: (1) submitted through email, (2) received by telephone, or (3) verbal requests. City staff may suggest that the requestor complete the City public records form. However, the requestor is not required to complete the form in order to inspect public records or receive copies of public records.
The City must reply to the requester, no later than 10 calendar days from receipt of the request, and provide a written determination for the request. If the request is received after business hours or on a weekend or holiday, the next business day will be considered the official date of receipt. If the tenth calendar day falls on a weekend or holiday, the next business day will be the deadline for responding to the request. If the City exercises the right to extend the date for providing a written determination for a records request beyond the 10-day period, the City must do so in writing, stating the reason(s) for the extension and the anticipated date of the response within the 14-day extension period, pursuant to the criteria in Government Code section 6253© and beginning January 1, 2023, Government Code section 7922.535 ©.
If there is a question about the clarity of the request, City staff are encouraged to contact the requester at the earliest opportunity to clarify the request. City staff must assist the member of the public to make a focused and effective request.
The City is not legally required under the Public Records Act to, create any new records or information, including a privilege log in response to a Public Records Request.
The CPRA does not create an obligation to answer questions presented by a requester. It merely requires the City to provide existing public records that are not otherwise exempt from disclosure.
Email and text messages will be treated the same as other public records. If an email or text message is kept according to the City’s records retention policy in the ordinary course of business, and it constitutes a public record, it is subject to disclosure, unless it falls within an exemption.
Copies of an official building plan will not be produced by the City until the City receives written permission to duplicate the plans from (i) the licensed professional who prepared the plan(s) and (ii) the building owner. However, building plans are open to inspection during regular business hours at the City’s Building Department.
Copy Fees (Cash payment or check payment made payable to City of Fontana) Election Filing Forms
Per Resolution 1992-60
$0.10 per page
Photocopies-Black & White
Per Resolution 1998-117
Copied Using Copier Feeder $0.20 for the first page and $0.05 for each additional page Photocopies-Color
Per Resolution 2010-122
Copied Using Copier Feeder $0.50 for the first page and $0.40 for each additional page CD/DVD/Flash Drive
Actual cost of the item
Electronic Format
There is no fee for providing records in electronic format via email. The City may, however, charge for the cost of duplication if a requester wishes to have a physical copy of records.