Ord 2013-97 ORDINANCE NO. 97
AN ORDINANCE OF THE BOARD OF DIRECTORS
OF THE COSTA MESA SANITARY DISTRICT
PERTAINING TO DISTRICT RECORDS
WHEREAS, California Constitution Article 1, section 3, and Government Code
sections 6250 et seq. provide that access to public documents is a right of the people
of the state; and
WHEREAS, Government Code sections 60201 et seq. provide the procedures by
which records are to be maintained and destroyed; and
WHEREAS, the Board of Directors does hereby desire to formalize the District's
procedures with regard to records;
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District
does hereby ORDAIN as follows:
Section 1. That Chapter 1.07 is hereby added to the Costa Mesa Sanitary
District Operations Code to read as follows:
"Chapter 1.07
Records
1.07.010. Public Records Request. Access to District records is a right of the
public protected under California Constitution Article 1, section 3, and Government
Code sections 6250 et seq. All formal requests for District records shall be date
stamped and forwarded to the District Clerk or Deputy District Clerk so that a timely
response is made. Generally, such responses must be made within ten days. District
Counsel should be consulted when the records may be subject to privacy or other
considerations that might justify withholding. Records that are accessible to the public
will be provided promptly to the requestor, in accordance with the California Public
Records Act.
1.07.020. Subpoenas and Other Legal Process Requesting Documents. All
subpoenas and other court demands for documents shall be forwarded to the District
Clerk or Deputy District Clerk and District Counsel upon receipt.
Ordinance No. 97
1.07.030. District Record Retention. District records shall be retained and
destroyed pursuant to the authority given special districts by Government Code sections
60200 et seq. Pursuant to Government Code section 60201, the Board shall, by
resolution, set forth the categories of documents that may be destroyed or disposed of
in compliance with that section. As set forth in Section 60201, the following records
shall not be destroyed:
(1) Records that relate to the formation, change of organization, or
reorganization of the District.
(2) An ordinance adopted by the District. However, an ordinance that has
been repealed or is otherwise invalid or unenforceable may be destroyed
or disposed of pursuant to this Section five years after it was repealed or
became invalid or unenforceable.
(3) Minutes of any meeting of the legislative body of the District.
(4) Records that relate to any pending claim or litigation or any settlement or
other disposition of litigation within the past two years.
(5) Records that are the subject of any pending request made pursuant to the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1), whether or not the District maintains that the
record is exempt from disclosure, until the request has been granted or
two years have elapsed since the District provided written notice to the
requester that the request has been denied.
(6) Records that relate to any pending construction that the District has not
accepted or as to which a stop notice claim legally may be presented.
(7) Records that relate to any nondischarged debt of the District.
(8) Records that relate to the title to real property in which the District has an
interest.
(9) Records that relate to any nondischarged contract to which the District is a
party.
(10) Records that have not fulfilled the administrative, fiscal, or legal purpose
for which it was created or received.
(11) Records that are unaccepted bids or proposals, which are less than two
years old, for the construction or installation of any building, structure, or
other public work.
(12) Records that specify the amount of compensation paid to District
employees or officers or to independent contractors providing personal or
professional services to the District or relate to expense reimbursement to
District officers or employees or to the use of District paid credit cards or
any travel compensation mechanism. However, a record described in this
paragraph may be destroyed or disposed of pursuant to this Section
seven years after the date of payment.
Ordinance No.97
1.07.040. Reproductions Utilizing a Trusted System. Pursuant to
Government Code section 60203, records may be reproduced on a trusted system in
accordance with the Secretary of State's guidelines in accordance with the standards
set forth in Government Code section 12168.7 and California Code of Regulations Title
2, Division 5, Chapter 15 as the same may be amended. The device used to make the
reproduction must be a medium that accurately reproduces the original and does not
permit additions, deletions, or changes to original images. Such reproductions shall
thereafter be considered originals."
Section 2. Should any part, clause or section of this Ordinance be declared by
any Court to competent jurisdiction to be invalid, the remaining provisions of this
Ordinance shall nevertheless be and remain in full force and effect, and the Board of
Directors of the Costa Mesa Sanitary District hereby declares that each and every
section, clause, provision, or part of this Ordinance would have been adopted and made
a part of this Ordinance without the adoption of any portion thereof and that the
invalidity of any part or provision hereof shall not in any way affect the validity or
enforcement of the remaining provisions of this Ordinance that may stand on their own.
Section 3. Pursuant to Health and Safety Code sections 6490 and 6491.3, the
District Clerk shall cause this Ordinance or a summary thereof to be published in a
newspaper of general circulation printed and published in the District according to law.
PASSED and ADOPTED this day of fet3t?i,/i , 2013
g- P
Secretary 1 President
APPROVED AS TO FORM:
a/e1-4n,
District Counsel
Ordinance No. 97
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, SCOTT CARROLL, Clerk of the Costa Mesa Sanitary District; hereby certify
that the above and foregoing Ordinance No. 97 was duly and regularly passed and
adopted by said Board of Directors at a regular meeting thereof, held on the 27th day
of February, 2013, by the following votes:
AYES: President Ferryman, Directors Ooten, Perry, Schafer, Scheafer
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the Costa Mesa Sanitary District this 77thday of February, 2013.
Clerk of the Costa Mesa Sanitary District