Resolution No. 2024-207
Resolution 2024-207
October 2, 2024
5 5
2 5
RESOLUTION NO. 2024-207
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADOPTING A PUBLIC RECORDS ACT POLICY.
WHEREAS, the California Public Records Act (CPRA) allows the public a right to access records maintained and kept by the City of San Bernardino (“City”), and this right is fundamental to every person; and
WHEREAS, the CPRA also dictates the responsibilities of the City in processing and responding to public records requests, including establishing response times and applicable exemptions; and
WHEREAS, it is necessary for a municipality that receives and responds to public records requests to have a policy that dictates the procedures to be followed by the public and by staff; and WHEREAS, the City receives an extremely high volume of public records requests each year; and
WHEREAS, the City has an obligation to the public to ensure records are available in a thorough and timely fashion; and
WHEREAS, staff currently have a process in place to process records requests; and WHEREAS, affirming existing procedures and adopting a policy will codify the City’s responsibilities and the public’s rights and ensure transparency in the public records request process.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. That the City Council adopts the attached Public Records Act Policy (Exhibit A) to formalize existing procedures for processing Public Records Act requests.
SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
SECTION 5.CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Resolution No. 2024-207
Resolution 2024-207
October 2, 2024
5 5
2 5
SECTION 6.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 2nd day of October 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Resolution No. 2024-207
Resolution 2024-207
October 2, 2024
5 5
2 5
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-207, adopted at a regular meeting held on the 2nd day of October 2024 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2024.
Genoveva Rocha, CMC, City Clerk