Resolution No. 6678
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RESOLUTION NO. 6678
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON REVISING ITS FEES AND PROCEDURES FOR
PUBLIC INSPECTION AND EXAMINATION OF PUBLIC
RECORDS, AND FOR OBTAINING COPIES OF PUBLIC
RECORDS OF THE CITY OF VERNON AND REPEALING
RESOLUTION NO. 6040
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WHEREAS, the California Public Records Act (Government
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Code section 6250, et seq.) provides that public records which are
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not exempt from disclosure shall be made available for inspection
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and copying by citizens; and
WHEREAS, the city Clerk's Department and other City
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departments maintain certain records which are defined as "public
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records" pursuant to the Public Records Act; and
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WHEREAS, the Public Records Act requires that such
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records be open for inspection and copying by the public during
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normal office hours; and
WHEREAS, the City Council of the city of Vernon adopted
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Resolution No. 6040 on January 21, 1992, which repealed Resolution
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No. 4744 and established fees for the inspection and reproduction
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of public records of the city of Vernon in accordance with the
Public Records Act; and
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WHEREAS, the City Administrator's Office and the City
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Attorney's Office have reviewed both the fees charged by other
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cities and recent case law interpreting the legal requirements
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under the Public Records Act and have recommended that the fees
established by Resolution No. 6040 be changed; and
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WHEREAS, Government Code section 6253 provides that the
City may adopt regulations setting forth procedures to be followed
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I when making records available for inspection; and Government Code
2 section 6257 authorizes the City of Vernon to recover direct costs
3 of duplication; and
4 WHEREAS, the City Council hereby finds and determines
5 that although the City incurs costs and expenses to locate,
6 retrieve, inspect, and reproduce records, and to maintain the
7 integrity of records while allowing the inspection and
8 reproduction of said records at the request of citizens, recent
9 case law has concluded that the imposition of fees and costs
lO related thereto is inappropriate under the Public Records Act; and
II WHEREAS, Evidence Code section 1563 establishes statutory
12 fees for making records available.
13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
14 CITY OF VERNON AS FOLLOWS:
15 SECTION 1: The City council of the City of Vernon hereby
16 finds and determines that the recitals contained hereinabove are
l7 true and correct.
18 SECTION 2: All public records of the city of Vernon
19 shall be open to public inspection and examination, except those
20 records identified as exempt from disclosure requirements by
21 Government Code Section 6254 or by other California statutes, and
22 members of the public may obtain copies of such records in
23 accordance with the following rules, regulations and procedures:
24 (A) Any person who desires a copy of a public record
25 shall deliver to the office of the city Clerk a written request
26 therefor. Said request shall supply sufficient information to
27 enable the city Clerk to identify and locate the requested record.
28 (B) within ten (10) days after receiving said written
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1 request, the city Clerk shall notify the requesting party if said
2 document exists, if it is a public record open to inspection or
3 copying, the location of said document, the estimated costs, and
4 the person who may be contacted to arrange for copying thereof.
5 (C) Upon being advised of the estimated costs for
6 copying said document, the requesting party shall deposit said
7 amount with the City Clerk.
8 (D) Upon receiving payment of said estimated costs, the
9 City Clerk shall arrange for the copying of said document and
lO shall notify the requesting party in a timely fashion.
11 (E) The costs charged by the City for the copying of any
12 document mentioned herein shall be direct costs incurred by the
13 City of Vernon therefor, the sum of Twenty Cents ($0.20) for each
l4 page of legal size or smaller. Any mailing costs shall be in
15 addition thereto.
16 (F) In the event that the requesting party shall require
17 said document to be certified, the city Clerk shall certify the
18 same upon the payment of an additional One Dollar and Seventy-five
19 Cents ($1.75) for each certification thereof.
20 (G) Any copies of public records requested pursuant to
2l Government Code section 81008, or any other statute which
22 establishes a specific statutory charge for copies of certain
23 public records, shall be reproduced at the charge set forth
24 therein.
25 SECTION 3: All department heads shall prepare a
26 department policy for public access to records consistent with the
27 provisions of this Resolution, which policy shall be submitted to
28 the Finance Committee for approval and adoption.
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2 directs all department heads to designate individuals in their
SECTION 4: The City Council of the city of Vernon hereby
3 department who will evaluate public records requests, who will
4 determine whether a particular record is open for public
5 inspection or exempt pursuant to Government Code section 6254 and
6 the other laws of the State of California, and who will apply the
7 fees provided for above.
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SECTION 5: Resolution No. 6040 and all other resolutions
9 in conflict herewith are hereby repealed.
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certify to the passage of this resolution, and thereupon and
SECTION 6: The City Clerk of the City of Vernon shall
thereafter the same shall be in full force and effect.
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17 BRUCE V.
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APPROVED AND ADOPTED this 5th day of September 1995.
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MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, City Clerk of the city of
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Vernon, do hereby certify that the foregoing Resolution, being
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Resolution No. 6678, was duly adopted by the City Council of the
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City of Vernon at a regular meeting of the City Council duly held
on September 5, 1995, and thereafter was duly signed by the Mayor
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of the City of Vernon.
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BRUCE V. MALKENHORST, City Clerk
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(SEAL)
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