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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 2, 2024
To: Honorable Mayor and City Council Members
From: Genoveva Rocha, City Clerk
Department: City Clerk
Subject: Adoption of Public Records Request Policy (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-207 approving a policy formalizing existing procedures for processing Public Records Act requests.
Executive Summary
The recommended action will approve a policy for processing Public Records Act requests received by the City of San Bernardino (“City”). The policy will affirm existing processes, procedures, and provide clear direction to staff regarding the processing of the high volume of public records act requests received by the City.
Background
The City receives numerous Public Records Act requests. Requests are received by staff in various ways, including in the public records portal, in person, by phone, and by email. Public records requests may be received in any format and from any member of the public. Requests are input by City Clerk staff and routed to the applicable departments using an online platform. Department staff are then responsible for locating and providing responsive records. The goal of the City is to provide efficient and timely responses to records requests. In order to maintain a streamlined, effective, legally compliant process in accordance with current procedures, the approval of a policy is recommended. Staff request the Mayor and City Council’s support in adopting the Public Records Request policy.
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Discussion
Public Records Act requests are processed pursuant to the California Public Records Act (CPRA). The CPRA details what types of records may be requested, which may be exempt, and how much time the City has to respond to each request. Although staff recognizes the demanding workload employees face, they also recognize the legal requirements placed upon all employees by the CPRA. Adhering to the CPRA is imperative not only for legal compliance but also to increase transparency and accountability between the City and residents. Through the CPRA, the public has a fundamental right to copy and inspect public records and receive such records promptly. For this reason, all City personnel are required to prioritize public records requests to the extent their job duties allow. Although City Clerk staff are responsible for processing and ultimately responding to records requests, all City records are not maintained in (or by) the City Clerk Department. Therefore, it is necessary for City Clerk staff to collaborate with other departments to research and obtain responsive records.
The timely response from each department in responding to requests ensures that sufficient time will be allowed for City Clerk office staff to review, redact, and release records to the requester prior to the deadline.
Occasionally, record requests of a sensitive or complex nature may also require review by the City Attorney’s office. The City Attorney’s office assists City Clerk staff with citing appropriate Government Codes relevant to the CPRA when drafting responses to requesters. Additionally, staff and elected officials are often required to submit affidavits/declarations certifying searches for records on their personal or city-issued devices. These additional requirements and layers of review add to the importance of submitting records as expeditiously as possible.
Processing Public Records Requests is a large undertaking in the City Clerk Department. As previously stated, the City receives a very high volume of requests. In FY 2023-2024, the City received 2,307 requests. Topics vary widely, from code enforcement records to police reports and animal services documents.
It is essential for all employees to understand the importance of adhering to the CPRA to ensure legal compliance.
2021-2025 Strategic Targets and Goals
Adopting a public records request policy aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community - Develop and implement a community engagement plan.
Fiscal Impact
There is no fiscal impact associated with this action.
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-207 approving a policy formalizing existing procedures for processing Public Records Act requests.
Attachments
Attachment 1 – Resolution No. 2024-207 - Approving the City of San Bernardino’s California Public Records Act Policy
Attachment 2 – Resolution No. 2024-207 – Exhibit A – California Public Records Act Policy
Ward:
All Wards
Synopsis of Previous Council Actions:
None