The following procedures shall be followed by the departments subject to this policy when receiving and responding to requests to inspect or receive copies, whether paper or electronic, of public records maintained by the County.
Requests for access to public records may be made in person, in writing, by telephone or by electronic means. Individuals are encouraged but not required to make requests in writing to ensure a clear understanding of the request by the County, which will in turn avoid potential wasted time, avoid an inaccurate or incomplete response, and avoid the transmission of documents not requested. The form accompanying this policy is for convenience only. In order to accurately and timely process a records request, the County needs to know the full extent of the request and how to contact the requester in case the Auditor has questions or concerns.
When reviewing records responsive to a request, the lawful custodian shall coordinate with the appropriate County department to identify responsive records and review for confidential, protected, privileged, personnel, medical, investigation-related, security-related, or other legally restricted information. Requests involving Human Resources records shall be reviewed in coordination with Human Resources. Requests involving electronic records, email retrieval, access logs, security systems, metadata, or other technology-related records shall be reviewed in coordination with Information Technology. The County Attorney shall be consulted as necessary for legal review and redaction.
Electronic communications including email, text messages, instant messages, and electronic files relating to County business are public records regardless of whether such communications occur on County-owned or personal devices or accounts.
Departments must take all necessary steps to preserve any and all potentially responsive records upon receipt of a request.
Any request for public records maintained by the County must be referred to the Auditor for review of the request, preparation of a cost estimate in accordance with this Policy if appropriate, collection of estimated costs, followed by the compilation of responsive documents/records, calculation of a final invoice related to the expense of responding to the request, communication to the requester of total costs, collection of additional funds if the actual costs exceed the estimated amount previously calculated and received, receipt of additional funds if appropriate, and the delivery of the requested documents/records to the requester by the agreed-upon means along with any reimbursement of previously paid fees if and as appropriate where the estimate exceeded actual costs.
When calculating estimated costs, the Auditor, in consideration of the type and content of the request, may estimate a reasonable sum related to expenses that appear likely to be incurred, or are known to be incurred, for attorneys' fees, IT costs, or other outside services if and when deemed appropriate.
The fee to be charged for providing records in response to a public records request will be in accordance with the most current fee schedule adopted by Resolution of the Board of Supervisors. The County reserves the right to adjust the fee structure for extraordinary requests and will always provide a cost estimate to the requester prior to request completion.
If the actual costs incurred by the County to respond to a records request are less than the amount of any required prepayment, the overpayment will be refunded promptly to the