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148City Of Anaheim Administrative Regulation CHAPTER 1 - ADNHNISTRATIVE Subject: Public Records Requests A.R. 148 Issue Date: April 1, 2004 Revised: Page (1) of (3) Purpose: The purpose of this regulation is to establish a procedure for responding to requests for public records which conforms to requirements of the California Public Records Act. Procedure: A. Requests to City Clerk: Requests for public records made to the City Clerk's Office which may involve records in the possession of one or more other departments, or requests forwarded to the City Clerk's Office pursuant to paragraph B below, shall be processed as follows: The City Clerk shall: (1) transmit a copy of the request to each of the other City departments which the City Clerk reasonably believes may have records responsive to the request with a cover memorandum in substantially the form set forth in Attachment "A" hereof; (2) search the records in the City Clerk's Office to determine what, if any, records are responsive to the request. In this regard, the City Clerk may wish to consult with the City Attorney concerning whether (i) the request describes identifiable records and/or (ii) such records are exempt from public disclosure. (3) Within ten calendar days following receipt of the request, provide a written response to the requestor in substantially the form set forth in Attachment `B" hereof, or consult with the City Attorney concerning either (i) possible modification of the response or (ii) if necessary, extending the time for response by an additional ten calendar days. B. Requests to Departments other than City Clerk: Requests for public records made directly to any department other than the City Clerk's Office by a member of the public shall be processed as follows: (1) If the request is for records specifically described in the request as in the possession of the "City" or other city department(s), the request shall be City of Anaheim Administrative Regulation 148 Page (2) of (3) immediately forwarded to the City Clerk for processing in accordance with paragraph A above. (2) If the request is for records specifically described in the request as limited to records in possession of the person or department to which the request is directed, the request shall be processed in accordance with paragraph C below. C. Search of Departmental Records: Upon receipt of any request for departmental records from a member of the public (including the press), or following receipt of the memorandum from the City Clerk as described in paragraph A (1) above, the person designated as Public Records Coordinator for such department by the Department Head, shall: (1) search departmental records to determine what, if any, records are responsive to the request. In this regard, the Public Records Coordinator may wish to consult with the City Attorney concerning whether (i) the request describes identifiable records and/or (ii) such records are exempt from public disclosure. (2) Within ten calendar days following receipt of the request, provide a written response to the requestor in substantially the form set forth in Attachment "C" hereof, or consult with the City Attorney concerning (i) possible modification of the response or (ii) if necessary, extending the time for response by an additional ten calendar days. (3) If the request is directly received and responded to by a city department, the Public Records Coordinator shall notify the City Attorney of the request to determine whether the request may relate to a matter of pending litigation. D. Public Records Coordinators: For the purpose of complying with this administrative regulation, each Department Head shall designate one person as the Public Records Coordinator for such department and shall notify the City Clerk of the name of the current person so designated. In the absence of such a designation, the Department Head shall be deemed the Public Records Coordinator of such department for purposes of this regulation. City of Anaheim Administrative Regulation 148 Page (3) of (3) Responsibility: In response to any public request for records received, it is the responsibility of the department head of each department to ensure that the records of such department are searched to determine whether records responsive to the request exist, to consult with the City Attorney where necessary to determine the extent of the department to produce such records, and to respond to the request within the time provided by law. Attachments: Attachments "A," `B" and "C" ATTACHMENT "A" MEMORANDUM CITY CLERK'S OFFICE DATE: TO: PUBLIC RECORDS COORDINATORS OF THE FOLLOWING DESIGNATED DEPARTMENTS: FROM: CITY CLERK SUBJECT: PUBLIC RECORDS ACT REQUEST RECEIVED FROM Please be advised that the attached request for public records was received by the City on 20 . Pursuant to Administrative Regulation 148, you must review the attached request and the files in your department to determine if your department has any records which are responsive to the request. If your department has records which are responsive to the request, you must notify the requestor within ten (10) calendar days from the date set forth in the first paragraph above. You may wish to consult with the City Attorney to determine whether the request describes identifiable records, whether any of such records are exempt from disclosure, or whether you may obtain an extension of the ten day response period. Very truly yours, Theresa Bass City Clerk ATTACHMENT `B" CITY CLERK LETTERHEAD 20 Re: Public Records Act Request Dear This office (has received) (has been forwarded) your letter (addressed to ) dated , 20. requesting access to and/or a copy of certain records in possession of the City of Anaheim in accordance with applicable requirements of the California Public Records Act (the "request"). Please be advised that the undersigned has forwarded your request to the Public Records Coordinator of each of the City departments listed on the attached page for a determination of which, if any, identifiable records in the possession of each such department may be responsive to your request. To avoid any delay in responding to your request, and to facilitate your access to any identifiable records which are subject to disclosure, I have requested that each such department with records responsive to your request contact you directly with regard to which records in its possession may be responsive to your request and how you may obtain access to, or a copy of, such records. Please be advised that, as custodian of records for the City Council of the City of Anaheim, this department has custody of the following records which are responsive to your request: (The above listed records are available for your review and copying at the City Clerk's Office, 200 South Anaheim Boulevard, Second Floor, Anaheim, California, during regular business hours.) (A copy of the above listed records is enclosed herewith pursuant to your request.) If you have any questions concerning this matter, please feel free to contact in the City Clerk's Office at (714) 765-5166. Very truly yours, Theresa Bass City Clerk REQUEST FORWARDED TO: 53550.1 ATTACHMENT "C" DEPARTMENT LETTERHEAD 20 Re: Public Records Act Request Dear This office (has received) (has been forwarded) your letter (addressed to ) dated , 20. requesting access to and/or a copy of certain records in possession of (this Department) (the City of Anaheim) in accordance with applicable requirements of the California Public Records Act (the "request"). Please be advised that, as (Public Records Coordinator) (custodian of records) for the Department of the City of Anaheim, this department has custody of the following records which are responsive to your request: (The above listed records are available for your review and copying at Anaheim, California, during regular business hours.) (A copy of the above listed records is enclosed herewith pursuant to your request.) If you have any questions concerning this matter, please feel free to contact in this department at (714) Very truly yours, 53551.1