Resolution No. 2011-197RESOLUTION NO. 2011-197
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON ADOPTING A PUBLIC RECORDS ACT COMPLIANCE
POLICY AND REVISING ITS PROCEDURES FOR PUBLIC
INSPECTION, EXAMINATION, AND COPIES OF PUBLIC
RECORDS, AND REPEALING RESOLUTION NO. 7216
WHEREAS, the California Public Records Act (Government Code
Section 6250, et seq.) provides that public records which are not
exempt from disclosure shall be made available for inspection and
copying by citizens; and
WHEREAS, the City Clerk's Department and other City
departments maintain certain records which are defined as "public
records" pursuant to the Public Records Act; and
WHEREAS, the Public Records Act requires that such records be
open for inspection by the public during normal office hours and the
public shall be provided copies of such records upon request; and
WHEREAS, the City Council of the City of Vernon adopted
Resolution No. 7216 on September 22, 1998 which established fees for
the reproduction of public records of the City of Vernon in accordance
with the Public Records Act; and
WHEREAS, Government Code Section 6253 provides that the City
may adopt regulations setting forth procedures to be followed when
making records available for inspection, and Government Code Section
6257 authorizes the City of Vernon to recover direct costs of
duplication; and
WHEREAS, the City's Independent Ethics Advisor, John Van de
Kamp, recommended in his report, dated July 29, 2011, that the City
develop a written Public Records Act compliance policy; and
WHEREAS, on August 25, 2011, the City Council adopted
Resolution No. 2011-149 affirming the City's commitment to implement
the Independent Ethics Advisor's recommendations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves and adopts the Public Records Act Compliance Policy, a copy
which is attached hereto as Exhibit A.
SECTION 3: The City Council of the City of Vernon hereby
approves and adopts the Public Records Act Compliance Procedures and
Fees, a copy of which is attached hereto as Exhibit B.
SECTION 4: Resolution No. 7216 and all other resolutions in
conflict herewith are hereby repealed.
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SECTION 5: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of Resolutions
of the Council of this City.
APPROVED AND ADOPTED this 6th day of December, 2011.
Willard G. YaiYag(uchi/ City Clerk
Name: William J. Davis
Title: 44ayq�/ Mayor Pro-Tem
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2011-197, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Tuesday, December 6, 2011, and thereafter was duly signed by
the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this 4 day of December, 2011, at Vernon, California.
llard *.m uc City Clerk
(SEAL)
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EXHIBIT A
EXHIBIT A
CITY OF VERNON
PUBLIC RECORDS ACT COMPLIANCE POLICY
The Vernon City Council desires to establish a formal written policy affirming the public's right
to access City of Vernon records and establish procedures by which such records are requested,
either orally or in writing, and made available to the public. The City Council is mindful of the
constitutional right of privacy accorded to individuals and it is the intent of the City Council to
promulgate a policy that strikes an appropriate balance between the objectives of open
government and the individual's right of privacy.
The public's right to access information concerning the conduct of the people's business is a
fundamental and necessary right. A record, or any portion thereof, shall not be withheld from
disclosure unless it is exempt under applicable laws, or the public interest served by not making
the record, or respective portions thereof, public clearly outweighs the public interest served by
disclosure of the record.
EXHIBIT B
EXHIBIT B
CITY OF VERNON
PUBLIC RECORDS ACT COMPLAINCE PROCEDURES AND FEES
All public records of the City of Vernon shall be open to public inspection and examination,
except those records identified as exempt from disclosure requirements by Government Code
Section 6254 or by other applicable law, and members of the public may obtain copies of such
records in accordance with the following rules, regulations, procedures, and fees.
A. Written Requests
1. The City shall encourage requestors to submit their requests in writing, and specifically, to
use the official city request form. While the public is not legally required to submit requests in
writing, written requests ensure the correct records are provided and streamline the response
process. Requests shall supply sufficient information to enable the City to identify and locate the
requested record.
2. Written requests for public records shall be immediately submitted to the City Clerk for
processing.
3. The City Clerk, or his/her designee, shall, within twenty-four (24) hours of receipt of the
request, route copies of the request to the City Attorney, City Administrator, and affected
Department Heads.
4. Within five (5) days of receipt of the form, all departments having any public records which
are potentially responsive to the request shall deposit such records with the City Clerk.
5. The City Attorney shall review the documents and shall either inform the City Clerk, or
his/her designee, that the records may be produced, either in their entirety or in a redacted
format, or state why the records should not be produced.
6. The City Clerk shall, within the applicable statutory time lines, respond to the requestor in
writing. The Clerk shall inform the requestor of the estimated costs of providing copies of the
record(s) and the requesting party shall deposit such amount with the Clerk before copies are
provided. Upon receiving payment, the Clerk shall arrange for the copying of the record(s) in a
timely fashion.
B. Oral Requests
1. Any oral request for documents received by a City employee or officer shall be immediately
referred to the City Clerk's office for processing.
2. The City Clerk shall encourage the requestor to use the official city request form. Should the
requestor choose not to do so, the City Clerk shall attempt to capture the substance of the
request, as well as the requestor's name and address, and memorialize the same in writing.
Requests shall supply sufficient information to enable the City to identify and locate the
requested record.
3. The written document memorializing an oral request prepared by the City Clerk will be
treated in the same manner as a written request; however, any applicable deadlines shall be
imposed from the date of the original oral request.
C. Fees
1. The costs charged by the City for the copying of any public record shall be direct costs
incurred by the City of Vernon therefore, the sum of Fifteen Cents ($0.15) for each page of legal
size or smaller. Any mailing costs shall be in addition thereto.
2. In the event that the requesting party shall require said document to be certified, the City
Clerk shall certify the same upon the payment of an additional One Dollar and Seventy-five
Cents ($1.75) for each certification thereof.
3. Any copies of public records requested pursuant to Government Code Section 81008, or any
other statute which establishes a specific statutory charge for copies of certain public records,
shall be reproduced at the charge set forth therein.
D. Department Designees
The City Council of the City of Vernon directs all department heads to designate individuals in
their department who will evaluate requests for public records and provide the City Clerk with
all responsive documents. This individual shall inform the Clerk if he or she believes that an
otherwise responsive document may be exempt from disclosure, but the City Attorney shall have
the final authority to determine if any particular document or portion of a document shall not be
disclosed.
E. Compliance Manual
The City shall issue a Public Records Act compliance manual to City staff that contains
supplemental written materials to help staff understand and comply with the requirements of the
Public Record Act and the City's related policy and procedures. The City Clerk and City
Attorney shall annually review the manual and perform any necessary updates.
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: December 8, 2011
TO: Rory Burnett, Finance Director/City Treasurer
Daniel Calleros, Interim Police Chief
Kristen Enomoto, Council Department Manager
Carlos Fandino, Director of Light & Power
Masami Higa, Assistant Finance Director
Alex Kung, Senior Accounting Manager
Joaquin Leon, Deputy City Treasurer
Lewis Pozzebon, Director of Health & Environmental Control
James Rodino, Police Captain
Martha Valenzuela, Director of Personnel/Business Services
Mark Whitworth, City Administrator/Fire Chief
Kevin Wilson, Director of Community Services & Water
FROM: Willard Yamaguchi, City Clerk
RE: Resolution No. 2011-197 — A Resolution of the City Council of the City of Vernon
Adopting a Public Records Act Compliance Policy and Revising Its Procedures for Public
Inspection, Examination, and Copies of Public Records, and Repealing Resolution No. 7216
Transmitted herewith is a copy of Resolution No. 2011-197 referenced above, which was approved by City
Council on December 6, 2011.
Thank you.
WY:dj
Attachment
c: Resolution No. 2011-197
CITY CLERK'S OFFICE STAFF REPORT
CITY ADMINISTRATION
DATE: December 1, 2011
TO: Honorable Mayor and City Council
FROM: Mark C. Whitworth, City Administrator
RE: Brown Act and Public Records Act Compliance Policies
Background
In his report, dated July 29. 2011, the City's Independent Ethics Advisor, former Attorney
General John Van de Kamp, recommended that the City develop written Brown Act and Public
Records Act compliance policies.
Per Mr. Van de Kamp's recommendation, the City worked with counsel to develop the proposed
compliance policies and is continuing to work with counsel on the preparation of Brown Act and
Public Records Act compliance manuals.
Recommendation
It is recommended that the attached Brown Act and Public Records Act Compliance Policies be
adopted.
Attachments