Disclosure of Public Records
Request for Public Records Form
SECTION 1. PURPOSE
The following document establishes policy and procedural guidelines for disclosure of Sacramento Public Library’s public records in accordance with the provisions of the California Public Records Act (Government Code Section 6250, et seq.).
SECTION 2: POLICY
The Sacramento Public Library honors its obligation under law to provide public access to public records while protecting individuals’ rights to privacy.
It is the policy of the Sacramento Public Library that public records are open to inspection at all times during the office hours of Sacramento Public Library’s Administrative Offices. It is also the policy of the Library that, except for public records exempt from disclosure, a copy of reasonably-described identifiable records shall be made available with minimal delay to the requesting party. An exact copy shall be provided, unless impracticable to do so.
SECTION 3: DEFINITIONS
- PUBLIC RECORDS: Any paper, correspondence, form, book, photograph, microfilm, magnetic tape, computer storage media, map, drawing or other document, including all copies thereof, regardless of physical form or characteristics, that has been created or received in connection with the transaction of official business and preserved for informational value or as evidence of a transaction.
- EXEMPT RECORDS:
- Records that are privileged or required to be kept confidential by federal law
- Records that are privileged or required to be kept confidential by state law
- Library registration and circulation records, including but not limited to records that can be used to identify a library patron with specific library items or materials. This exemption does not apply to records of fines imposed on borrowers that do not identify a library patron with specific library items or materials.
- Records pertaining to pending litigation to which the Library is a party
- The work product of any attorney representing the Library
- Personnel, medical or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy
- Test questions, scoring keys and other examination data used in administering an examination for employment
- Scores of tests if the person is identified by name and has not consented to the release of his/her scores
- Computer programs, computer codes, computer filing systems, and other software that are owned by the Library or entrusted to it
- Administrative or technical information that would jeopardize a security or recordkeeping system
- Records that are intra-agency or interagency advisory or deliberative material.
- Records containing trade secrets, e.g. contracts, including products for which the vendor has specified in writing that information about the development of the item is to remain confidential
- Diaries, journals, or other personal notes
- The identify of a donor of a gift made to the Library if:
- the donor requires nondisclosure of his or her identity as a condition of making the gift; or
- after a gift is made, the donor or member of the donor’s family requests nondisclosure
IN ADDITION, any record not expressly exempted by the Public Records Act is nonetheless exempt if the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record.
SECTION 4: PROCEDURES
- All requests for copies of public records must be made in writing addressed to Library Administration. All requests must be made with sufficient clarity so as to reasonably describe an identifiable record. Requests not meeting these criteria may be returned. Library staff shall assist the requestor to make a focused and effective request.
- The Deputy Library Director (or his/her staff designee) shall determine if the record is exempt from disclosure.
- All records not exempt from public disclosure under the Public Records Act shall be made available for inspection by any person during Library Administration office hours.
Whenever possible, records will be made available at the time of the request. Reasonable restrictions may be imposed upon general requests for voluminous classes of documents. Copies will be provided unless, 1) disclosure would infringe a copyright, 2) the records are exempt from disclosure, or 3) the volume of requested records would substantially impair Library Administration’s day-to-day operation. If at the time of the request, the duties of Library staff or the amount of material to be located or copied or other matters make immediate inspection or copying of the requested materials unreasonable, the Deputy Director, Administrative Services or his/her staff designee shall inform the requestor and make arrangements to have the inspection or copying performed at a later time.
- Examination of records shall be conducted in such location and under the supervision as the Deputy Director, Administrative Services or his/her staff designee deems reasonably appropriate to safeguard the records and maintain the efficient conduct of business.
- In accordance with Government Code Section 6256, the Library shall, as soon as reasonably practicable, but within ten (10) days after receipt of the written request, notify the requester of the determination of the request, and the reason thereof.
- No fees may be collected for requests for inspection only of public records. However, the public may request copies of public records and the Library may charge a fee to cover the direct cost of reproduction. Such fees shall be set in the Library’s Fine and Fee Schedule.
- Any money collected for the costs of reproduction shall be recorded as a cash transaction and deposited as revenue.
SECTION 5: COSTS FOR REPRODUCTION
A fee shall be charged for the cost of reproduction of any public record made upon request, at the rates established in the Library’s Fine and Fee Structure, unless a different charge or no charge is mandated by federal or state law.
The requestor of the public record shall make payment to the Deputy Library Director or staff designee, who shall certify the amount paid on the form provided and return a duplicate thereof to the requestor. The Deputy Library Director (or staff designee) shall then provide to the person the copies requested.
SECTION 6: REFUSAL FOR DISCLOSURE/REVIEW
In such case that the Deputy Library Director (or staff designee) determines that the requested record shall not be disclosed, the Deputy Library Director (or staff designee) shall state the reason for refusing disclosure to the requestor.
A requestor who is dissatisfied with the determination of the Deputy Library Director or staff designee may appeal the decision to the Library Director in writing within ten (10) days of the decision.
Within ten (10) days after receipt of an appeal, the Library Director shall review the decision of the Deputy Library Director, consult the Authority’s legal counsel as appropriate, and confirm or reverse the decision. The requestor shall receive in writing a copy of the Library Director’s determination and a copy of such decision shall be forwarded to the Deputy Library Director.
SECTION 7: REQUIREMENT FOR POSTING
A copy of this policy shall be posted in a conspicuous location and made available upon request to any person, free of charge.
Request for Public Records Form