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ADOPTION OF PROPOSED COUNCIL POLICY MANUAL CHAPTER 2.09 - PUBLIC RECORDS REQUESTS
recommended action
RECOMMENDATION
Staff recommends that the City Council adopt by resolution the proposed Council Policy Manual (CPM) Chapter 2.09 - Public Records Requests.
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Summary
On May 17, 2025, the responsibility for California Public Records Act (CPRA) requests was transferred to the City Clerk’s Office. A draft policy for the CPM reflecting the change in responsibility was presented to the Legislation/Environmental Committee on May 27, 2025, and the Committee voted to forward a recommendation for adoption to the City Council.
DISCUSSION
Background
California Public Records Act (CPRA) request responsibilities were assigned to the Community Relations Officer and guided by Administrative Directive LAW-02 Requests for Public Records or Release of File Information (Attachment A)
The Community Relations Officer position has been eliminated and Public Records Requests responsibilities transferred to the City Clerk’s Office. There is no current policy in place to address Public Records Requests under the responsibility of the City Clerk’s Office. Additionally, Administrative Directives are issued under the City Manager’s Authority which does not extend to the Clerk’s Office. It is therefore necessary to establish a policy under the Council Policy Manual.
On May 27, 2025, the Legislation/Environmental Committee reviewed the proposed CPM Chapter 2.09 - Public Records Requests policy and recommended it to Council for adoption.
After the Legislation/Environmental Committee meeting, staff determined it was necessary to add a section addressing the search of personal devices. The text reads as follows:
“3) Search of personal devices
The City strongly discourages the use of personal devices for City business. Per the requirements of City of San Jose v. Superior Court (2017) 2 Cal.5th 608, Councilmembers and staff are asked to conduct a good faith search for public records that may be on their personal devices including text messages, direct messages on social media, or voice mails saved on their device.
a. Councilmembers will search their own personal devices and complete the Personal Device Affidavit - City Council
b. City Employees will search their own personal devices and complete the Personal Device Affidavit - City Employee”
Present Situation
In accordance with the recommendation of the Legislation/Environmental Committee and noting the change to add a section on the search of personal devices, staff now presents the proposed CPM Chapter 2.09 - Public Records Requests (Attachment B). This policy will provide additional details to support the process by which requests for public records are completed and establish the authority of the Clerk’s Office to do so.
FINANCIAL SUMMARY
There is no financial impact from approval of these changes.
Attachment A - Administrative Directive Law-02
Attachment B - Draft CPM Chapter 2.09