It is the goal of Union Public Utility District is to respond to public record requests in compliance with federal and state laws. These guidelines are intended to clarify the process for the public for inspecting or copying records under the California Public Records Act (the "Act") and to establish clear procedures in implementing the Act.[1] Procedures for inspection, copying and a description of the types of records generally not subject to disclosure are outlined.

Any person may request to inspect a public record or request a copy of the record. Most UPUD records are subject to disclosure, although some records are exempt from disclosure based on limited exceptions. Disclosure of records is the rule, and non-disclosure is the exception.

Records Exempt From Disclosure

State law recognizes that certain categories of documents may be exempt from disclosure (Section 6254 and 6275 et seq.). UPUD may need to seek legal advice from General Counsel in determining that a record is exempt from disclosure. Examples of categories of documents that UPUD General Counsel may exempt from disclosure include the following [2]:

• Drafts: memos, notes, preliminary drafts that are not normally kept by the District in the ordinary course of business, provided the public interest in non-disclosure clearly outweighs the public interest in disclosure.
• Records containing or seeking advice of counsel: These are protected by attorney client and attorney work-product privilege. This includes notations on documents by legal counsel.
• Litigation: Documents specifically prepared for use in litigation if UPUD is a party to the litigation.
• Investigatory records such as those involving code enforcement files are exempt under the California Public Record Act. Therefore, any decision to disclose a specific document from those records will be made at the discretion of staff in consultation with the General Manager and General Counsel. Records for which UPUD can demonstrate that the public interest in non-disclosure clearly outweighs the public interest in disclosure.

Procedures And Time Limits For Making Records Available

If a member of the public requests to inspect a record, they should complete the Public Records Request Form and submit it to UPUD. Depending on the size of the request, the type of records requested, and staff availability, staff will make the record(s) available for inspection as soon as feasible within the ten day legal requirement or staff will notify the requester that additional time will be necessary.

[1] The California Public Records Act is codified at section 6250 through 6270 of the California Government Code, as periodically amended. All citations to section numbers in these guidelines are to the California Government Code, unless otherwise indicated. In the event of any inconsistency between these guidelines and the Public Records Act, the Act shall control.

[2] This list is not complete. State law exempts other categories of records from disclosure.

You can also request public records by calling our office at 209-728-3651, or email customerservice@upudwater.org