Policy Text
Policy
809Fremont Police Department
Records Maintenance and Release
809.1 PURPOSE AND SCOPE
This policy provides guidance on the maintenance and release of Fremont Police Department
records. Protected information is separately covered in the Protected Information Policy.
809.2 POLICY
The Fremont Police Department is committed to providing public access to records in a manner
that is consistent with the California Public Records Act (Government Code § 7920.000 et seq.).
809.3 CUSTODIAN OF RECORDS RESPONSIBILITIES
The_Chief of Police shall designate a Custodian of Records. The responsibilities of the Custodian
of Records include but are not limited to:
(a)Managing the records management system for the Department, including the
retention, archiving, release, and destruction of department public records.
(b)Maintaining and updating the department records retention schedule including:
1.Identifying the minimum length of time the Department must keep records.
2.Identifying the department division responsible for the original record.
(c)Establishing rules regarding the inspection and copying of department public records
as reasonably necessary for the protection of such records (Government Code §
7922.525; Government Code § 7922.530).
(d)Identifying records or portions of records that are confidential under state or federal
law and not open for inspection or copying.
(e)Establishing rules regarding the processing of subpoenas for the production of
records.
(f)Ensuring a current schedule of fees for public records as allowed by law is available
(Government Code § 7922.530).
(g)Determining how the department's website may be used to post public records in
accordance with Government Code § 7922.545.
(h)Ensuring that all department current standards, policies, practices, operating
procedures, and education and training materials are posted on the department
website in accordance with Penal Code § 13650.
(i)Ensuring that public records posted on the Department website meet the requirements
of Government Code § 7922.680 including but not limited to posting in an open format
where a record may be retrieved, downloaded, indexed, and searched by a commonly
used internet search application.
(j)Ensuring that a list and description, when applicable, of enterprise systems (as defined
by Government Code § 7922.700) is publicly available upon request and posted in
a prominent location on the Department's website (Government Code § 7922.710;
Government Code § 7922.720).
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Fremont Police Department
Records Maintenance and Release
809.4 PROCESSING REQUESTS FOR PUBLIC RECORDS
Any department member who receives a request for any record shall route the request to the
Custodian of Records or the authorized designee.
809.4.1 REQUESTS FOR RECORDS
Any member of the public, including the media and elected officials, may access unrestricted
records of this department, during regular business hours by submitting a written and signed
request that reasonably describes each record sought and paying any associated fees
(Government Code § 7922.530).
The processing of requests for any record is subject to the following (Government Code §
7922.530; Government Code § 7922.535):
(a)The Department is not required to create records that do not exist.
(b)Victims of an incident or their authorized representative shall not be required to
show proof of legal presence in the United States to obtain department records or
information. If identification is required, a current driver's license or identification card
issued by any state in the United States, a current passport issued by the United States
or a foreign government with which the United States has a diplomatic relationship or
current Matricula Consular card is acceptable (Government Code § 7923.655).
(c)Either the requested record or the reason for non-disclosure will be provided promptly,
but no later than 10 days from the date of request, unless unusual circumstances
preclude doing so. If more time is needed, an extension of up to 14 additional days may
be authorized by the Custodian of Records or the authorized designee. If an extension
is authorized, the Department shall provide the requester written notice that includes
the reason for the extension and the anticipated date of the response.
(a)When the request does not reasonably describe the records sought, the
Custodian of Records shall assist the requester in making the request focused
and effective in a way to identify the records or information that would be
responsive to the request including providing assistance for overcoming any
practical basis for denying access to the records or information. The Custodian of
Records shall also assist in describing the information technology and physical
location in which the record exists (Government Code § 7922.600).
(b)If the record requested is available on the department website, the requester
may be directed to the location on the website where the record is posted. If the
requester is unable to access or reproduce the record, a copy of the record shall
be promptly provided.
(d)Upon request, a record shall be provided in an electronic format utilized by the
Department. Records shall not be provided only in electronic format unless specifically
requested (Government Code § 7922.570; Government Code § 7922.580).
(e)When a record contains material with release restrictions and material that is not
subject to release restrictions, the restricted material shall be redacted and the
unrestricted material released.
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Published with permission by Fremont Police DepartmentRecords Maintenance and Release -