Ridgecrest Municipal Code Art. VIII Public Records

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State Law reference— Inspection of public records, Government Code § 6350 et seq.

This article governs the handling of public records and official matters.

(Code 1980, § 2-7.101; Ord. No. 96-03)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Public records means any information, regardless of format containing information relating to the conduct of city business prepared, owned, used or retained by the city regardless of physical form or characteristics.

(Code 1980, § 2-7.102; Ord. No. 96-03)

This section governs the access of city records and implements the provision of Government Code title 1, div. 6, ch. 3.5 (Government Code § 6250 et seq.).

(Code 1980, § 2-7.201; Ord. No. 96-03)

City records are open to public inspection at all times during the office hours of the city and every citizen has a right to inspect any city record except as herein provided.

(Code 1980, § 2-7.202; Ord. No. 96-03)

Nothing contained in this article shall be construed to require disclosure of records that are exempt from disclosure under law.

(Code 1980, § 2-7.203; Ord. No. 96-03)

State Law reference— Exemptions from public record disclosure, Government Code § 5264 et seq.

(a) No person, unless authorized by the city manager, city clerk, or city attorney, shall remove any original papers or documents from the city hall.

(b) A person may receive a copy of any identifiable city record, upon request. An exact copy shall be provided unless impracticable to do so. Computer data shall be provided in a form determined by the city. A request for a copy of an identifiable public record, of information produced therefrom or a certified copy of such record shall be accompanied by payment of a fee in the amount established from time-to-time by the council.

(c) If the applicant is unable to identify the record to be copied, a charge established from time-to-time by the council shall be paid to the city for time spent by city personnel in attempting to locate such record.

(d) The city clerk may require any person who desires to obtain a copy of a city record to deposit an amount equal to the estimated fees for copying and, if applicable, charges for searching for the required information. That portion of the deposit which is not required to cover the costs of such fees and charges will be refunded to the person desiring to obtain the information. If such deposit is insufficient to cover the cost of such fees and charges, an additional deposit will be required.

(Code 1980, § 2-7.204; Ord. No. 96-03)

(a) Generally. This section governs the destruction of city records and implements the provisions of Government Code §§ 34090, 34090.5, 34090.6, and 34090.7.

(b) Permanent records. The following original records shall be maintained in perpetuity in the city's files:

(1) The certificate of incorporation of the city;

(2) Any certificate of annexation proceedings;

(3) Any certificate of the secretary of state reciting the filing of annexation papers pertaining to the city in his office;

(4) Resolutions and ordinances;

(5) Minutes of the meetings of the city council;

(6) Certificate of assessed valuation prepared by the auditor of the county;

(7) Documents received from the tax assessor detailing city taxes collected;

(8) Ballot arguments on bond issues;

(9) Results of bond propositions received from the canvassing bodies;

(10) Results of elections for the office of member of the city council received from the canvassing body;

(11) Records of securities acquired with surplus city monies;

(12) Receipts for securities from banks;

(13) Documents received relating to claims brought against the city;

(14) Documents received pursuant to eminent domain proceedings brought by the city;

(15) Records that are determined by the city council to be of significant and lasting historical, administrative, legal, fiscal or research value; and

(16) Records required by law to be filed and preserved.

(c) Microfilm records. The following original records, or a microfilmed copy of such original record, shall be maintained in perpetuity in the city's files:

(1) Financial records summarizing the financial status of the city other than reports prepared pursuant to Government Code title 5, div. 2, pt. 1, ch. 4, art. 9 (Government Code § 53890 et seq.);

(2) Records affecting title to land or liens thereon;

(3) Oaths of office and related materials depicting the authenticity of the appointment of any director or officer of the city;

(4) Paid vouchers with attached documents; summary of collections, registers of demands issued and journals of warrant paid, provided, the original thereof has been maintained in the city's files for a period of five years;

(5) Reports of the city in correspondence not covered in any other portion of this section; and records received pursuant to state statute which are not expressly required by law to be filed and preserved;

(6) Records received pursuant to state statute which are not expressly required by law to be filed and preserved.

(d) Temporary records.

(1) With the consent of the council and city attorney, the following original records may be destroyed after the passage of time, as indicated, without the maintenance of a microfilm copy thereof:

a. Unaccepted bids or proposals for construction may be destroyed without microfilming after two years;

b. Work orders or in-house records of time spent on various city work assignments may be destroyed without microfilming after two years;

c. Records created for a specific event or action may be destroyed without microfilming after five years following the end of the fiscal year in which the event or action was completed, unless there is pending litigation involving the records;

d. Canceled checks for the payment of bond interest and redemption may be destroyed after ten years;

e. Tapes of city meetings other than those specified in subsection (b) of this section may be erased after five years;

f. Any record, paper or document which is more than two years old and which was prepared or received in any manner other than pursuant to state statute.

(2) The following records may be destroyed at any time without maintenance of a microfilm copy thereof:

a. All duplicates, the original or a permanent photostatic records of which is on file;

b. Rough drafts, notes and working papers accumulated in the preparation of a communication, study or other document, unless of a formal nature contributing significantly to the preparation of the document representing the work of any department of the city, including, but not limited to, meter books after the contents thereof have been transferred to other records;

c. Cards, listings, nonpermanent indices, other papers used for controlling work and transitory files including letters of transmittal, suspense letters, and tracer letters;

d. Cancelled coupon sheets from registered bonds.

(Code 1980, §§ 2-7.301—2-7.304; Ord. No. 96-03)