TO: AC Transit Board of Directors
FROM: Aimee L. Steele, General Counsel/Chief Legal Officer
SUBJECT: Amendment to Board Policy 650 - Access to Public Records - Requests and Fees
ACTION ITEM
AGENDA PLANNING REQUEST: ☐
RECOMMENDED ACTION(S):
Title
Consider approving minor amendments to Board Policy 650 - Access to Public Records Requests and Fees.
Staff Contact:
Aimee L. Steele, General Counsel/Chief Legal Officer
Body
STRATEGIC IMPORTANCE:
Goal - Strong Public and Policymaker Support
A Board Policy outlining how public access to records is handled ensures the proper submission and handling of requests for documents by members of the public.
BUDGETARY/FISCAL IMPACT:
There is no budgetary or fiscal impact related to this report.
BACKGROUND/RATIONALE:
Board Policy 650 establishes guidelines for the District's handling and response to California Public Records Act (CPRA) requests. The Office of the General Counsel has sole responsibility for determining whether a public record is disclosable and for handling and preparing the District's response to requests made by members of the public under the CPRA.
This Policy was last reviewed and updated in 2017. At that time the Board approved amendments to add a “persons affected” section to the Policy and to also add the requirement that all records requests be directly reported to the General Counsel’s Office.
Upon review of the policy by the General Counsel, there are two minor amendments being proposed:
• Under Section III. Definitions, add “public” to “local agency” within the definition of “Member of the Public” so the definition now excludes “employee of a… local public agency” acting within the scope of employment.
• Under Section B(1)(a), add “redaction or” to the discussion of inspection of public records so that the District is allowed to delete or redact portions of a document that are exempt from disclosure prior to releasing the document to the public.
These minor amendments are intended to provide additional clarification to the District’s requirements under the CPRA.
ADVANTAGES/DISADVANTAGES:
The advantage to the amendment is to add clarifying language to the Policy. No disadvantages were identified.
ALTERNATIVES ANALYSIS:
No alternatives to the course of action recommended in this report were considered by staff.
PRIOR RELEVANT BOARD ACTION/POLICIES:
Staff Report 17-257: Amendment to Board Policy 650: Access to Public Records - Request and Fees.
ATTACHMENTS:
1. Board Policy 650: Access to Public Records - Requests and Fees
Prepared by:
Aimee L. Steele, General Counsel/Chief Legal Officer
Approved/Reviewed by:
Linda A. Nemeroff, Board Administrative Officer/District Secretary
Salvador Llamas, General Manager/Chief Executive Officer