§ 25-4.608. Justification of withholding.

Any refusal to disclose a public record shall be justified in writing as follows:

(a)

A withholding under a permissive exemption in the California Public Records Act, this section or other law shall cite that authority and explain in practical terms, citing one or more examples, as to how the public interest would be harmed by disclosure.

(b)

No records or information shall be withheld on the basis of the public interest balancing test in Government Code Section 6255 or by citing any case law application of that statute, without review and written approval from county counsel.

(c)

A withholding on the basis that disclosure is prohibited by law shall cite the statutory authority in the Public Records Act or elsewhere.

(d)

A withholding on the basis that disclosure would incur civil or criminal liability shall cite any statutory or case law, supporting that position.

(Ord. No. 2016-26, § II, 12-13-16; Ord. No. 95-6)