Contra Costa County Municipal Code Ch. 25-4 Public Information

As used in this division, "public information" includes the content of "public records" as defined in the California Public Records Act (Gov. Code § 6252), whether provided in documentary form or in an oral communication.

(Ord. No. 95-6)

(a) Release of documentary public information, whether for inspection of the original or by providing a copy, shall be governed by the California Public Records Act (Gov. Code § 6250 et seq.) in any particulars not addressed by this division.

(b) Inspection and copying of documentary public information stored in electronic form shall be made to the person requesting the information in any form requested which is reasonably available to the county, its officers or employees, including disk, tape, printout, monitor or modem, at a charge no greater than the cost of the media on which it is duplicated, plus the direct costs of equipment, supplies and labor costs associated with duplicating the electronic file which is requested.

(c) To the extent permitted by law, nothing in this subdivision precludes a charge to recover development and maintenance costs for providing a higher level of service in providing access to computerized records when the cost has been approved by the board of supervisors. In establishing this charge, the board of supervisors shall take into account any savings to the county from the computerization of the service. In addition, such a charge may be levied only when the original method of providing the service is maintained and available to the public without the increased charge.

(Ord. No. 95-6)

Release of oral public information shall be accomplished as follows:

(a) Factual information about the county, unless exempt from disclosure under state or federal law or not disclosable under this division, may be released to a telephone caller or an office visitor by responsible employees conversant with the factual information. One or more brief factual questions may be answered as soon as the employee has obtained the information. More extensive information may be confined to an interview by appointment or by reference to information in documentary form.

(b) Information concerning the county's policies, positions on public issues, plans or intentions, or reactions to events may be released to a telephone caller or office visitor by the person with primary policy responsibility for the subject matter or by a designated spokesperson. Each department head shall, to the extent practicable, designate one or more spokespersons to be available for this purpose during normal business hours. Employees not authorized to provide such information may be prevented from doing so.

(c) Public employees shall not be prohibited from or disciplined for the expression of their legally protected personal opinions on any matter. Opinions should not be represented as those of the county, misrepresent the county's opinion, or interfere extraordinarily with the course of business of county departments.

(d) Department heads, with the advice and consultation of the county counsel, shall be encouraged to establish specific policies outlining legally protected opinions.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. No. 95-6)

Article 25-4.4. Public Records

(a) Every policy body supported by county staff shall maintain a file, accessible to any member of the public during office hours, containing a copy of any letter, memorandum or other communication sent to or received from a quorum of a policy body irrespective of subject matter, origin or recipient, within the last thirty days except commercial solicitations, periodical publications or communications exempt from disclosure under state or federal law.

(b) The clerk of the board of supervisors shall maintain a listing of the name, address and telephone number of the custodian of all communications sent to or received by each policy body under the jurisdiction of the board of supervisors. This list shall be available to any individual upon request.

(c) Multiple-page reports, studies or analyses which are accompanied by a letter or memorandum of transmittal need not be included in the file so long as a copy of the letter or memorandum of transmittal is included.

(Ord. No. 95-6)

The following policies shall govern specific types of documents and information:

(a) Drafts and Memos. No preliminary draft or county memorandum shall be exempt from disclosure under Government Code Section 6254, subdivision (a) if it is normally kept on file. Preliminary drafts and memoranda concerning contracts, memoranda of understanding, or other matters subject to negotiation or pending board of supervisors' approval shall not be subject to disclosure pursuant to this provision until final action has been taken.

(b) Litigation Material.

(1) No prelitigation claim against the county shall be exempt from disclosure under Government Code Section 6254, subdivision (b).

(2) When litigation is finally adjudicated or otherwise settled, records of all communications between the county and the adverse party shall be subject to disclosure, including the text and terms of any settlement. Counsel for the county shall not solicit or agree to any settlement term which would restrict public disclosure after settlement of all terms and communication records between the parties, and any such term shall be void and unenforceable. All such records shall be released as soon as reasonably possible.

(c) Personnel Information. None of the following shall be exempt from disclosure:

(1) To the extent that such information is provided to the county and is summarized by the county for its reporting purposes, job pool characteristics and employment and education histories of the collective applicants, including the following information:

A. Sex, age and ethnic group,

B. Years of graduate and undergraduate study, degree(s) and major or discipline,

C. Years of employment in the private and/or public sector,

D. Whether currently employed in the same position for another public agency, and

E. Other nonidentifying particulars as to experience, credentials, aptitudes, training or education entered in or attached to a standard employment application form used for the position in question;

(2) The professional biography or curriculum vitae of every employee who has provided such information to the county, excluding home address, telephone number and social security number;

(3) The job description of every employee of the county;

(4) The exact amount of salary and county paid benefits of every employee of the county;

(5) Any memorandum of understanding between the county and one or more employees;

(6) In the case of non-merit system employees, the record of any confirmed misconduct of a public employee involving personal dishonesty, misappropriation of public funds, resources or benefits, unlawful discrimination against another on the basis of status, abuse of authority, or violence, and of any discipline imposed for such misconduct;

(7) In the case of merit system employees, the record of any arbitration or merit board proceeding in which a county employee has been found to have committed acts of dishonesty, misappropriation of public funds or property, unlawful discrimination, unlawful abuse of authority or violence against another person, including the discipline imposed.

(d) Law Enforcement Information.

(1) The district attorney and sheriff are encouraged to cooperate with the press and other members of the public in allowing access to local records pertaining to investigations, arrests and other law enforcement activity. However, no provision of this division is intended to abrogate or interfere with the constitutional and statutory power and duties of the district attorney and sheriff as interpreted under Government Code Section 25303, or other applicable state law or judicial decisions.

(2) Local records pertaining to any investigation, arrest or other law enforcement activity shall be disclosed to the public after the district attorney or court determines that a prosecution will not be sought against the subject involved or the statute of limitations for filing charges has expired, whichever occurs first. Notwithstanding the occurrence of any such event, individual items of information in the following categories may be segregated and withheld if, on the particular facts, the public interest in nondisclosure clearly outweighs the public interest in disclosure:

(A) The names of juvenile witnesses (whose identities should nevertheless be indicated by substituting a number or alphabetic letter for each individual interviewed);

(B) Personal or otherwise private information related or unrelated to the investigation if disclosure would constitute an unwarranted invasion of privacy;

(C) The identity of a confidential source;

(D) Secret investigative techniques or procedures;

(E) Information whose disclosure would endanger law enforcement personnel; or

(F) Information whose disclosure would endanger the successful completion of an investigation where the prospect of enforcement proceedings is concrete and definite.

(e) Contracts, Bids and Proposals. Contracts, contractors' bids, responses to requests for proposals and all other records of communications between the county and persons or firms seeking contracts shall be open to inspection immediately after a contract has been awarded.

(f) Budgets and Other Financial Information. Budgets, whether proposed or adopted, for the county or any of its departments, programs, projects or other categories, and all bills, claims, invoices, vouchers or other records of payment obligations as well as records of actual disbursements showing the amount paid, the payee and the purpose for which payment is made, other than payments for social, forensic or other services whose records are confidential by law, shall not be considered exempt from disclosure under any circumstances.

(Ord. No. 95-6)

(Ord. No. 2022-32, § II, 9-20-22)

Article 25-4.6. Public Records Access

Whenever a county officer asserts, as a justification for nondisclosure of a public record, the exemption protecting personal privacy in Government Code Section 6254(c), the exemption for names and addresses of crime victims in Government Code Section 6254(f)(2), the exemption for taxpayer information in Government Code Section 6254(i), any confidentiality or privilege statute referenced under Government Code Section 6254(k), the exemption for personal financial data in Government Code Section 6254(n), and any other claimed exemption based upon the personal or proprietary interests of a private natural or corporate person, the officer shall cooperate with the requester's efforts to communicate with the subject of the record as follows, upon request, if the requester fulfills the related terms and conditions.

(a) If the requester is seeking information concerning an unknown number of persons, the officer or designee shall inform the requester of the number or approximate number of persons to whom the public record request pertains. If ascertaining that number involves itemized labor or other costs reflecting more than ten minutes of staff time in research, the requester may be required to pay those itemized costs.

(b) The requester shall prepare one stamped envelope for each of the persons sought to be contacted, with the requester's return address on the envelope. Within the envelope the requester shall place a letter explaining why the information is being sought and asking the person to contact the requester. The requester may also include a self-addressed, stamped envelope for that purpose. The envelope shall be presented to the officer for mailing.

(c) The officer or designee shall affix to each envelope so received the mailing address of the person who is the subject of the information request and shall mail it, provided that a mailing address is included in the officer's records. Any staff time required to do so shall be required to be paid by the requester, at the pro rata hourly rate of the employee addressing the envelopes.

(d) If the subject of the record signs a privacy waiver, the record shall be released to the requester if it could lawfully be released to the person authorizing release.

(e) If the subject of the record is legally incompetent to waive privacy interests, the officer shall address the requester's envelope to the parent, guardian, conservator or judicial officer, as the case may be, if known, with the duty and authority to make such decisions for the incompetent person.

(f) If, in the judgment of the department head, the requestor is someone who may misuse the information, or if the records or the subjects of the records are of a sensitive nature, the department head may include in the mailing a caution that the individual need not waive the individual's privacy interests. The requester shall be provided a copy of the caution and an opportunity to include a response in the mailing.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. No. 95-6)

Notwithstanding the ten-day period for response to a request permitted in Government Code Section 6256, a request for a public record described in any nonexempt category under Section 25-4.204 which is received by a department head shall be satisfied no later than the close of business on the day following the request unless the department head advises the requester in writing that the request will be answered by a specific future date. The statutory deadlines are appropriate for more extensive or demanding requests, but shall not be used to delay fulfilling a simple, routine or otherwise readily answerable request. If the voluminous nature of the information requested, its location in a remote storage facility or the need to consult with legal counsel warrants an extension of ten days as provided in Government Code Section 6256.1, the requester shall be noticed as required within three business days of the request.

(Ord. No. 95-6)

Information that is exempt from disclosure shall be masked, deleted or otherwise segregated in order that the nonexempt portion of a requested record may be released and keyed by footnote or other clear reference to the appropriate justification for withholding required by Section 25-4.608 of this division.

(Ord. No. 95-6)

Any refusal to disclose a public record shall be justified in writing as follows:

(a) A withholding under a permissive exemption in the California Public Records Act, this section or other law shall cite that authority and explain in practical terms, citing one or more examples, as to how the public interest would be harmed by disclosure.

(b) No records or information shall be withheld on the basis of the public interest balancing test in Government Code Section 6255 or by citing any case law application of that statute, without review and written approval from county counsel.

(c) A withholding on the basis that disclosure is prohibited by law shall cite the statutory authority in the Public Records Act or elsewhere.

(d) A withholding on the basis that disclosure would incur civil or criminal liability shall cite any statutory or case law, supporting that position.

(Ord. No. 2016-26, § II, 12-13-16; Ord. No. 95-6)

(a) No fee shall be charged for making public records available for review.

(b) No fee shall be charged for a copy of documents routinely produced in multiple copies for distribution, e.g., meeting agendas and related materials which are twenty or fewer pages in length per document.

(c) A fee of one cent per page may be charged for a copy of documents routinely produced in multiple copies for distribution, e.g., meeting agendas and related materials which contain more than twenty pages per document.

(d) For documents assembled and copied to the order of the requester, a fee not to exceed ten cents per page may be charged, plus any postage costs.

(e) The department or the county may, rather than making the copies itself, contract at market rate to have a commercial copier produce the duplicates and send the charges directly to the requester.

(f) Nothing in this section shall be interpreted as intending to preempt any fee set by or in compliance with state law.

(Ord. No. 95-6)