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Board Policy No. 16 – Public Records Requests <br />Page 2 of 6 <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.