PROPOSED POLICY Access to District Records [1] Administrative Regulation 1340 Adopted: Tuesday, August 31, 2010 Definitions Public records include any writing containing information relating to the conduct of the district's business prepared, owned, used, or retained by the district regardless of physical form or characteristics. (Government Code 6252) [2] (cf. 3580 - District Records) (cf. 9012 - Board Member Electronic Communications) Commented [KV1]: References added as per CSBA Writing means any handwriting, typewriting, printing, photostating, photographing, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. (Government Code 6252) [2] A member of the public includes any person, except a member, agent, officer, or employee of the district or a federal, state, or other local agency acting within the scope of his/her membership, Commented [KV2]: Added as per CSBA. BPRC on June 14, agency, office or employment. 2018 adopted CSBA language. Commented [KV3]: Added as per CSBA. BPRC on June 14, Board of Education members shall have the ability to access public records permitted by law in the 2018 adopted CSBA language. administration of their duties. Notwithstanding, members of the Board are entitled to access to district public records on the same basis as any other person. (Government [2]Code 6252 [2], 6252.5) [3] Commented [KV4]: Removed and replaced by the paragraph below from CSBA. BPRC on June 14, 2018 agreed Access to public records of the district shall be granted to Governing Board members on the same to replace PAUSD language with CSBA language. basis as any other member of the public. When Board members are authorized to access public records in the administration of their duties, the Superintendent or designee shall not discriminate among any of the Board members as to which record, or portion of the record, will be made available, or when it will be made available. (Government Code 6252.5, 6252.7) Commented [KV5]: As per CSBA. When disclosing to a member of the public any record that contains personal information, including, but not limited to, an employee's home address, home telephone number, social security number, personal cell phone number, or birth date, the Superintendent or designee shall ensure that such personal information is redacted from that record. (Government Code 6254.29, 6254.3) Commented [KV6]: As per CSBA 1 Public Records Records to which the public shall have access include, but are not limited to: 1. Proposed and approved budgets and annual audits of the district (Government Code 6252 [2]; Education Code 41020 [4], 42103) [5] Commented [KV7]: Deleted to reflect CSBA language. (cf. 3100 - Budget) [6] (cf. 3460 - Financial Reports and Accountability) [7] 2. Statistical compilations (Government Code 6252) [2] 3. Reports and memoranda (Government Code 6252) [2] 4. Notices and bulletins (Government Code 6252) [2] 5. Minutes of public meetings (Government Code 6252) Education Code 35145 [2] Commented [KV8]: Added as per CSBA (cf. 9324 - Minutes and Recordings) [8] 6. Meeting agendas (Government Code 6252 [2], 54957.5) [9] (cf. 9322 - Agenda/Meeting Materials) [10] 7. Official communications between governmental branches the district and other government agencies (Government Code 6252) [2] 8. School-based program plans (Education Code 52850) [11] (cf. 0420.1 - School-Based Program Coordination) [12] (cf. 0420 - School Plans/Site Councils) Commented [KV9]: Added as per CSBA 9. Information and data relevant to the evaluation and modification of district plans (cf. 0420 - School Plans/Site Councils) [13] (cf. 0440 - District Technology Plan) [14] (cf. 0450 - Comprehensive Safety Plan) [15] (cf. 0520.2 - Title I Program Improvement Schools) (cf. 0520.3 - Title I Program Improvement Districts) (cf. 0460 - Local Control and Accountability Plan) Commented [KV10]: Added as per CSBA 10. Initial proposals of exclusive employee representatives and of the district (Government Code 3547) [16] (cf. 4143.1/4243.1 - Public Notice - Personnel Negotiations) [17] 11. Tort claims filed against the district and records pertaining to pending litigation which predate the filing of the litigation, unless protected by some other provision of law (Government Code 6254.25 [18]; Fairley v. Superior Court; 71 Ops.Cal.Atty.Gen. 235 (1988)) (cf. 3320 - Claims and Actions Against the District) [19] Records pertaining to claims and litigation against the district which have been adjudicated or settled (Government Code 6254, 6254.25) (cf. 3320 - Claims and Actions Against the District) Commented [KV11]: Added as per CSBA 2 12. Statements of economic interests required by the Conflict of Interest Code (Government Code 81008) [20] (cf. 9270 - Conflict of Interest) [21] 13. Documents containing names, salaries, and pension benefits of district employees – Commented [KV12]: Added as per CSBA. BPRC on June 14, 2018 adopted CSBA language. Generally, the names and salaries of public employees are subject to disclosure under the Public Records Act. However, in International 14. Contracts of employment contracts and settlement agreements (Government Code 53262) [22] Federation of Professional and Technical Engineers v. The Superior Court of Alameda County, the [23] (cf. 2121 - Superintendent's Contract) California Supreme Court recognized that, in some (cf. 4117.5/4217.5/4317.5 - Termination Agreements) [24] instances, the salaries of certain employees might (cf. 4141/4241 - Collective Bargaining Agreement) [25 be exempt from disclosure, depending on the facts) and circumstances. Additionally, in Sacramento County Employees Retirement System v. Superior 15. Instructional materials including, but not limited to, textbooks (Education Code 49091.10) Court, a California Court of Appeal held that the (cf. 5020 - Parent Rights and Responsibilities) names and corresponding pension benefits of (cf. 6161.1 - Selection and Evaluation of Instructional Materials) members of a county retirement system are subject to disclosure and are not considered "individual records of members" protected by Government Code 31532. The Superintendent or designee shall ensure that any record containing personal information is redacted to ensure that such information, including, but not limited to, an employee's home address or social security number, is not disclosed to the public. When disclosing to a member of the public any record that contains personal information, Commented [KV13]: Added as per CSBA. BPRC on June including, but not limited to, an employee's home address, home telephone number, social security 14, 2018 adopted CSBA language. number, personal cell phone number, or birth date, the Superintendent or designee shall ensure Commented [KV14]: New - added as per CSBA. BPRC on that such personal information is redacted from that record. (Government Code 6254.29, 6254.3) June 14, 2018 adopted CSBA language. Commented [KV15]: Replaced by CSBA language. BPRC on June 14, 2018 adopted CSBA language. Government Code 6254.29 specifies that the CPRA does not require a district to Confidential Public Records disclose an employee's social security number and states the Legislature's intent that districts redact social security numbers from any records being Records to which the general members of public shall not have access include, but are not limited disclosed to the public. In addition, Government to: Code 6254.3, as amended by AB 2843 (Ch. 830, Statutes of 2016), prohibits disclosure of an employee's personal cell phone number and birth 1. Preliminary drafts, notes, interdistrict or intradistrict memoranda which are not retained by the date. district in the ordinary course of business, provided that the public interest in withholding these records clearly outweighs the public interest in disclosure (Government Code 6254) [26] Commented [KV16]: Added as per CSBA. BPRC on June (cf. 4119.23/4219.23/4319.23 - Unauthorized Release of Confidential/Privileged Information) 14, 2018 adopted CSBA language. [27] Commented [KV17]: “General public” replaced by (cf. 9011 - Disclosure of Confidential/Privileged Information) [28] “members of public” 2. Records specifically generated in connection with or prepared for Commented [KV18]: Added as per CSBA. BPRC on June litigation to which the district is a party or to respond to claims made 14, 2018 adopted CSBA language against the district pursuant to the Tort Claims Act are confidential, until the pending litigation or claim has been finally adjudicated or otherwise settled, or beyond, if unless the records are protected by some other Commented [KV19]: Added as per CSBA. BPRC on June provision of law (Government Code 6254 [26], 6254.25; [18] 14, 2018 adopted CSBA language. Fairley v. Superior Court; 71 Ops.Cal.Atty.Gen. 235 (1988)) 3. Personnel records, medical records, student records, or similar materials, the disclosure of which would constitute an unwarranted invasion of personal privacy (Government Code 6254) 3 [26] (cf. 4112.5/4212.5/4312.5) - Criminal Record Check) Commented [KV20]: Added as per CSBA (cf. 4112.6/4212.6/4312.6 - Personnel Files) [29] (cf. 4112.62/4212.62/4312.62 - Maintenance of Criminal Offender Records) [30] (cf. 5125 - Student Records) [31] (cf. 5125.1 - Release of Directory Information) [32] The home addresses and home telephone