Public Records Request

Public Records Request Form
1. Click and print the form
2. Complete the form and sign at the bottom
3. Please read the requirements noted on the form or on this page
4. Return it by mail, fax, email, or personally deliver the Records Request form to:

Central Basin Municipal Water District
6252 Telegraph Road
Commerce, CA 90660
Fax: (323) 201-5555
Email: maggieg@centralbasin.org

Public Records Access Guidelines
This section provides criteria and procedures for the inspection and production of public records.

Inspection of Records
Public Records are open to inspection at all times during office hours (8:00 a.m. – 5:00 p.m.) of the District and every person has a right to inspect public records, except as herein provided or as limited under applicable state or federal law.

Definition of Public Records

  • “Public Records” includes any writing containing information relating to the conduct of the Central Basin Municipal Water District (District) business prepared, owned, used, or retained by the District regardless of physical form or characteristics.
  • “Writing” means any handwriting, typewriting, printing, photostating, photographing, transmitted by electronic mail, facsimile, or through the District’s Technology Resources 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.
  • “Confidential information” means any personnel records and employee contact information, medical records, trade secret or other proprietary information, information discussed at Closed Session meetings of the Board, and all records that are exempt from disclosure pursuant to the Public Records Act, including drafts of reports and documents protected pursuant to the deliberate process privilege.  This definition shall be pursuant to 3-6. 8.1, Confidential Information.
  • “Records” means all papers, maps, exhibits, magnetic or paper tapes, photographic films and prints, punched cards, and other documents produced, received, owned or used by the District agency, regardless of physical form or characteristics.

 Exceptions

Nothing in this section shall be construed to require disclosure of records that are:

  • Preliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by the District in the ordinary course of business, if the public interest in withholding such records clearly outweighs the public interest in disclosure;
  • Records pertaining to pending litigation to which the District is a party, or to claims made pursuant to Division 3.6 (commencing with Section 810), until such pending litigation or claim has been finally adjudicated or otherwise settled;
  • Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy;
  • Geological and geophysical data, plant production data, and similar information relating to utility systems development that are obtained in confidence from any person;
  • Test questions, scoring keys, and other examination data used to administer examinations for employment;
  • The contents of real estate appraisals, engineering or feasibility estimates and evaluations made for or by the District relative to the acquisition of property, or to prospective public supply and construction contracts, until all of the property has been acquired or all of the contract agreement obtained.  However, the law of eminent domain shall not be affected by this provision;
  • Pre-decisional communications protected by the deliberative process privilege;
  • Attorney-client privileged communications;
  • Attorney work product;
  • Information regarding which, based on the particular facts, the public interest in non-disclosure clearly outweighs the public interest in disclosure;
  • Records, the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege; and
  • The disclosure of other records which is not required by law and are considered “confidential information” as defined in this policy and pursuant to 3-6. 8.1 Confidential Information.
  • Where it is determined pursuant to Government Code Section 6255 that the public interest in withholding a certain record from disclosure outweighs the public interest in disclosing the record.

Additional Exceptions

Notwithstanding the foregoing:

  • Computer software developed by the District is not itself a public record under Government Code 6254.9. The District may sell, lease, or license the software for commercial or noncommercial use.
  • “Computer Software” includes computer mapping systems, computer programs, and computer graphics systems.
  • This section shall not be construed to create an implied warranty on the part of the District for errors, omissions, or other defects in any computer software as provided pursuant to this section.
  • Nothing in this section is intended to affect the public record status of information merely because it is stored in a computer. Public records stored in a computer shall be disclosed as required by this chapter.
  • Nothing in this section is intended to limit any copyright protections.

 Additional Public Records

Notwithstanding the foregoing:

  • Every employment contract between the District and any public officer or public employee is a public record.
  • An itemized statement of the total expenditures and disbursements provided in Article VI of the California Constitution shall be open for inspection.

 Justification for Withholding Records

The District shall justify withholding any records by demonstrating that the record is exempt under an express provision of this Article or on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.

A response to a written request for inspection or copies of public records that includes a determination that the request is denied, in whole or in part, shall be in writing.

 Copies of Records

  •  Except with respect to public records exempt from disclosure by express provisions of law, the District, upon a request for a copy of records that reasonably describes an identifiable record or records, shall make the records available with minimal delay to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable.  An exact copy shall be provided unless impracticable to do so.  No payment shall be required merely for the inspection of documents where copies are not sought.
  • The charge for copies of any specifically described and identified public records not exempt from disclosure is $.23 per page for copied documents, except there will be no charge for less than ten (10) pages. Paper copies generated from computer database programs, are $.23 per page. Copied hearing CDs or audio tapes are One Dollar ($1.00) each. For electronic records transmitted onto a CD, there will be a One Dollar ($1.00) charge for the CD.
  • Records stored by the District in electronic format, that are not exempt from disclosure, will be provided in the same electronic format when requested by any person, if such format is a format in which the District keeps such records or transmits them to other agencies. The District, in its discretion, may agree to produce requested electronic records that require data compilation, extraction, or programming.  When   Direct costs incurred by the District in providing such electronic data that requires data compilation, extraction, or programming, shall be paid by the requestor.  The District may require the requestor to submit a deposit prior to incurring such data compilation, extraction, or programming costs.  The District is not required to produce records in an electronic format when the requested records are not available in electronic format at the time of the request.