1340 - Access to Records - Procedure

In accordance with Policy 1340, the County Superintendent of Schools recognizes the rights of citizens to have access to public records of the office. Public records include any writing containing information relating to the conduct of the County Superintendent of Schools’ business prepared, owned, used or retained by the County Superintendent of Schools regardless of physical form or characteristics. The County Superintendent of Schools shall provide any person reasonable access to the public records of the office during normal business hours and within the requirements of state and federal law. Such records shall be examined in the presence of the records custodian regularly responsible for their maintenance. Records to which the public may have access include but are not limited to:

1. The proposed and approved budgets.
2. Statistical compilations.
3. Reports and memoranda.
4. Notices and bulletins.
5. Minutes of public meetings.
6. Meeting agendas.
7. Official communications between governmental branches.
8. Initial proposals of exclusive employee representatives and of the County Superintendent of Schools.
9. Statements of economic interests required by the Conflict of Interest Code.
10. Contracts of employment and settlement agreements.

Public access shall not be given to records listed as exempt from public disclosure in the California Public Records Act or other statutes (Government Code 6254). Records to which the general public shall not have access include, but are not limited, to:

Personnel records, medical records, student records, or similar materials the disclosure of which would constitute an unwarranted invasion of personal privacy.

1. The home addresses and home telephone numbers of employees may be disclosed only as follows:
   1. To an agent or a family member of the individual to whom the information pertains.
   2. To an officer or employee of a state agency or another school district or county office of education when necessary for the performance of its official duties.
   3. To an employee organization pursuant to regulations and decisions of the Public Employment Relations Board, unless the employee performs law enforcement related functions or requests in writing that the information not be disclosed.
   4. To an agent or employee of a health benefit plan providing health services or administering claims for health services to district employees and their enrolled dependents, for the purpose of providing the health services or administering claims for employees and their enrolled dependents.
2. Test questions, scoring keys and other examination data except as provided by law.
3. Records pertaining to pending litigation and records specifically prepared for litigation to which the County Superintendent of Schools Office is a party, or records otherwise protected by the attorney/client privilege.
4. The minutes of Board meetings held in closed session.
5. Preliminary drafts, notes or interagency or intra-agency memoranda which are not retained by the County Superintendent of Schools Office in the ordinary course of business, provided that the public interest in withholding these records clearly outweighs the public interest in disclosure.
6. Computer software developed by the County Superintendent of Schools Office.
7. Any other records listed as exempt from public disclosure in the California Public Records Act or other statutes.

Any person may examine or receive a copy of any County Superintendent of Schools Office record open to the public upon a request that reasonably describes an identifiable record or records. In accordance with Procedure 3580, interagency requests shall be directed to the Custodian of Records for each County Superintendent of Schools division. Requests from the general public shall be directed to the Chief Communications Officer. Upon request, an exact copy shall be provided unless it is impracticable to do so. Copies shall be furnished at the actual and necessary cost of duplication and mailing. Computer data shall be provided in a form determined by the County Superintendent of Schools or designee.

Within ten (10) days of receiving any request for a copy of records, the County Superintendent of Schools or designee shall determine whether the request, in whole or in part, seeks copies of disclosable records in possession of the County Superintendent of Schools and shall promptly notify the person making the request of his/her determination and the reasons for it.

With written notice by the superintendent or designee to the person making the request, the 10 day limit may be extended for up to fourteen (14) additional working days, to the extent reasonably necessary, under the following circumstances:

1. The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request.
2. The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request.
3. The need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein.

Provisions of the Public Records Act shall not be construed so as to delay access for purposes of inspecting records open to the public. Any notification denying a request for public records shall state the name and title of each person responsible for the denial.

Approved: April 19, 1994
Revised: December 3, 2002