Board Policy 16 - Public Records Requests
Board Policy 16 - Public Records Requests
9/19/2021 7:27:55 AM
5/18/2018 10:16:18 AM
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Board Policy No. 16 — Public Records Requests <br /> means of safeguarding the accountability of the government to the public. Local public <br /> agencies, such as NCTD, are subject to the Act. NCTD is required to keep public records open <br /> to inspection during its regular office hours. <br /> Right to Inspect <br /> Disclosable public records of NCTD are open to inspection by any person at all times during the <br /> normal business hours of NCTD offices in accordance with the provisions of this policy. Copies <br /> of disclosable public records may be obtained by any person, in accordance with the <br /> procedures set forth in this policy. Any disclosable portion of a record that can be reasonably <br /> separated from other parts of the record that are exempt by law shall be made available for <br /> inspection and/or copying after the exempt portions have been redacted. Any request for <br /> records and any responding documents may be subject to review by the NCTD's legal counsel <br /> prior to any inspection of the records or delivery of copies. <br /> General Guidelines <br /> Upon receipt of a request to inspect or copy records, NCTD shall, within ten (10) calendar days, <br /> determine whether the request in whole, or in part, seeks disclosable records in the possession <br /> of NCTD. In "unusual circumstances," NCTD may extend the 10 calendar day time limit by no <br /> more than fourteen (14) calendar days beginning from the end of the original ten (10) day period <br /> by giving written notice to the requester explaining the reasons for the extension and providing a <br /> date when a determination will be given. As used in this policy and pursuant to Government <br /> Code § 6253, subdivision (c), "unusual circumstances" means the following, but only to the <br /> extent reasonably necessary to the proper processing of the particular request: <br /> 1. The need to search for and collect the requested records from field facilities or other <br /> establishments that are separate from the office processing the request. <br /> 2. The need to search for, collect, and appropriately examine a voluminous amount of <br /> separate and distinct records that are demanded in a single request. <br /> 3. The need for consultation, which shall be conducted with all practicable speed, with <br /> another agency having substantial interest in the determination of the request or among <br /> two or more components of the NCTD having substantial subject matter interest therein. <br /> 4. The need to compile data, to write programming language or a computer program, or to <br /> construct a computer report to extract data. <br /> The Public Records Act requires NCTD to assist a requester, to the extent reasonable under the <br /> circumstances, to make a focused and effective request. The Act does not require NCTD to <br /> create documents and/or records. <br /> Questions about NCTD (as opposed to requests for documents)are not considered public records <br /> requests and should be referred to the Manager of Communications and Marketing for <br /> response. <br /> Exceptions to the ten (10) day rule are as follows: <br /> 1. Reports and statements filed under the Political Reform Act (such as Form 700s) must <br /> be made available for inspection and copying, during regular business hours, <br /> commencing as soon as practicable, but in no event later than the 2nd business day <br /> following the day the report or statement is received by NCTD. <br /> Page 2 of 6 <br />
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