§ 25-4.404. Nonexempt public records.

The following policies shall govern specific types of documents and information:

(a)

Drafts and Memos. No preliminary draft or county memorandum shall be exempt from disclosure under Government Code Section 6254, subdivision (a) if it is normally kept on file. Preliminary drafts and memoranda concerning contracts, memoranda of understanding, or other matters subject to negotiation or pending board of supervisors' approval shall not be subject to disclosure pursuant to this provision until final action has been taken.

(b)

Litigation Material.

(1)

No prelitigation claim against the county shall be exempt from disclosure under Government Code Section 6254, subdivision (b).

(2)

When litigation is finally adjudicated or otherwise settled, records of all communications between the county and the adverse party shall be subject to disclosure, including the text and terms of any settlement. Counsel for the county shall not solicit or agree to any settlement term which would restrict public disclosure after settlement of all terms and communication records between the parties, and any such term shall be void and unenforceable. All such records shall be released as soon as reasonably possible.

(c)

Personnel Information. None of the following shall be exempt from disclosure:

(1)

To the extent that such information is provided to the county and is summarized by the county for its reporting purposes, job pool characteristics and employment and education histories of the collective applicants, including the following information:

A.

Sex, age and ethnic group,

B.

Years of graduate and undergraduate study, degree(s) and major or discipline,

C.

Years of employment in the private and/or public sector,

D.

Whether currently employed in the same position for another public agency, and

E.

Other nonidentifying particulars as to experience, credentials, aptitudes, training or education entered in or attached to a standard employment application form used for the position in question;

(2)

The professional biography or curriculum vitae of every employee who has provided such information to the county, excluding home address, telephone number and social security number;

(3)

The job description of every employee of the county;

(4)

The exact amount of salary and county paid benefits of every employee of the county;

(5)

Any memorandum of understanding between the county and one or more employees;

(6)

In the case of non-merit system employees, the record of any confirmed misconduct of a public employee involving personal dishonesty, misappropriation of public funds, resources or benefits, unlawful discrimination against another on the basis of status, abuse of authority, or violence, and of any discipline imposed for such misconduct;

(7)

In the case of merit system employees, the record of any arbitration or merit board proceeding in which a county employee has been found to have committed acts of dishonesty, misappropriation of public funds or property, unlawful discrimination, unlawful abuse of authority or violence against another person, including the discipline imposed.

(d)

Law Enforcement Information.

(1)

The district attorney and sheriff are encouraged to cooperate with the press and other members of the public in allowing access to local records pertaining to investigations, arrests and other law enforcement activity. However, no provision of this division is intended to abrogate or interfere with the constitutional and statutory power and duties of the district attorney and sheriff as interpreted under Government Code Section 25303, or other applicable state law or judicial decisions.

(2)

Local records pertaining to any investigation, arrest or other law enforcement activity shall be disclosed to the public after the district attorney or court determines that a prosecution will not be sought against the subject involved or the statute of limitations for filing charges has expired, whichever occurs first. Notwithstanding the occurrence of any such event, individual items of information in the following categories may be segregated and withheld if, on the particular facts, the public interest in nondisclosure clearly outweighs the public interest in disclosure:

(A)

The names of juvenile witnesses (whose identities should nevertheless be indicated by substituting a number or alphabetic letter for each individual interviewed);

(B)

Personal or otherwise private information related or unrelated to the investigation if disclosure would constitute an unwarranted invasion of privacy;

(C)

The identity of a confidential source;

(D)

Secret investigative techniques or procedures;

(E)

Information whose disclosure would endanger law enforcement personnel; or

(F)

Information whose disclosure would endanger the successful completion of an investigation where the prospect of enforcement proceedings is concrete and definite.

(e)

Attorney-Client Communications. After the effective date of the ordinance codified in this division, no record of a communication between an officer, department or policy body of the county and a legal advisor to the county shall be exempt from disclosure under Government Code Section 6254, subdivision (k) as a confidential attorney-client communication to the extent that it:

(1)

Concerns an actual or potential conflict of interest; or

(2)

Analyzes a proposed legislative action or position of the county;

(3)

Analyzes or interprets the Ralph M. Brown Act (Gov. Code § 54950 et seq.), the California Public Records Act (Gov. Code § 6250 et seq.), any other law supporting or abridging the public's right of access to information, or any provision of this division; or

(4)

Reports to the board of supervisors on the progress of negotiation of any matter, including a factual review of the positions taken to date by representatives of the county and of the other party or parties to the negotiation, after the negotiation has been completed. Legal advisors shall be instructed to prepare any such report in a manner that separates factual information of this type, known to both parties, from evaluative comments and recommendations, which may be withheld from disclosure as a confidential communication.

(f)

Contracts, Bids and Proposals. Contracts, contractors' bids, responses to requests for proposals and all other records of communications between the county and persons or firms seeking contracts shall be open to inspection immediately after a contract has been awarded.

(g)

Budgets and Other Financial Information. Budgets, whether proposed or adopted, for the county or any of its departments, programs, projects or other categories, and all bills, claims, invoices, vouchers or other records of payment obligations as well as records of actual disbursements showing the amount paid, the payee and the purpose for which payment is made, other than payments for social, forensic or other services whose records are confidential by law, shall not be considered exempt from disclosure under any circumstances.

(Ord. No. 95-6)

Article 25-4.6. Public Records Access