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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 7

Meeting Date: April 13, 2004

Subject/Title: Approve a Resolution Amending City Policy 10-2 Concerning Distribution of Utility Customer Information

Prepared by: Pam Ehler, Director of Finance and Information Services

Submitted by: Pam Ehler, Director of Finance and Information Services

RECOMMENDATION
Approve a resolution amending City Policy 10-2 concerning the distribution of utility customer list information in order to limit the distribution of this information.

PREVIOUS ACTION
In 1990, the City Council approved City Policy 10-2 that permitted preparation of mailing lists and labels of water service customers upon request for a fee. The fee merely covered City cost of staff time and materials.

BACKGROUND
Government Code Section 6250-6270, also known as the Public Records Act, provides the guidance as to what is a public record, that is required to be made available to the public, subject to only a payment of its cost to produce. The Public Records Act was amended in 1997 by adding section 6254.16 that does not require the disclosure of the City’s utility customer’s name and addresses and also provides guidelines for release of such information.

In the interest of protecting our customer’s right to privacy, staff feels that the practice of releasing customer names and addresses subject to a request and payment of specified fee should be discontinued, except as provided by Government Code section 6254.16. The release of such information is not required and the practice should be discontinued, as the public interest in nondisclosure of utility customer information does outweigh the public interest in disclosure.

Attachments:
Resolution
Proposed Policy 10-2
Policy 10-2, Redlined
Government Code § 6254.16

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AMENDING CITY POLICY 10-2 CONCERNING THE DISTRIBUTION OF UTILITY CUSTOMER INFORMATION

WHEREAS, City Council previously approved Policy No. 10-2 in 1990 permitting the distribution of water customer information subject to payment of a city fee; and

WHEREAS, the Public Records Act controls the release of public records; and

WHEREAS, the Public Records Act was amended in 1997 to provide that utility customer lists are not public records, except as provided in Section 6254.16; and

WHEREAS, the City Council desires to amend its policies to conform with legislation adopted that limits the disclosure of utility customer information.

NOW, THEREFORE BE IT RESOLVED that the City Council finds and authorizes the following actions:

(1) the City Council finds that the public interests in nondisclosure of the information concerning utility customers outweighs the public interest in disclosure; and

(2) Policy 10-2 shall be amended as attached hereto as Exhibit A.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of April, 2004 by the following vote:

PURPOSE

To establish a policy and procedure for releasing the names and addresses of utility customers upon request to members of the public, public agencies and private organizations.

POLICY

1. The City of Brentwood will not provide a list and/or mailing labels of water service customers, except as provided by Government Code section 6254.16.

2. No police officer shall have his or her name and address released with the water customer billing list.

3 Utility customer information shall be provided consistent with Government Code section 6254.16., including, but not limited to, an agent or authorized family member of the person to whom the information pertains, an officer or employee of another governmental agency when necessary for the performance of its official duties, or a law enforcement agency when necessary for the performance of its official duties, court order, or upon a determination of the Director of Finance and Information Services that the utility customer who is the subject of the request has used utility services in a manner inconsistent with applicable city utility usage policies.

4 The City Council finds that the public interest in nondisclosure of the utility customer information or similar information clearly outweighs the public interest in disclosure

PURPOSE

1. To establish a policy and procedure for releasing the names and addresses of waterutility customers upon request to members of the public, public agencies and private organizations.

2.To set a reasonable cost for the release of a water customer list to reimburse the City for expenses incurred to produce a list and/or mailing labels.

POLICY

1. The City of Brentwood will not provide a list and/or mailing labels of water service customers, except as provided by Government Code section 6254.16. upon request by any member of the public, a public agency, or a private organization upon payment of the designated cost.

2.The City Manager or his designee(s) may authorize the preparation of the requested material.

3.All payments for the customer list or mailing labels shall be paid in advance at the time a request is made.

4.The City shall maintain a policy of honoring a request for the list or mailing labels within seven (7) working days. The City shall not imply any commitment to provide such information any earlier.

5.The cost for providing a mailing list shall be $43.00 to compensate the City for staff time, supplies and computer equipment use. The cost for providing mailing labels shall be $72.00 to compensate the City for staff time, supplies and computer equipment use.

6.All requests for the water customer list or mailing labels will be done in writing or upon a City approved form with the full cost of the material submitted with the request.

7.The new water service application forms will advise customers that their name and address may be made available upon request.

8.2. No police officer shall have his or her name and address released with the water customer billing list.

9.The availability of the water customer list will also be made known to the candidates for elective office with the City of Brentwood through their nomination packets.

5 Water customer information shall be provided consistent with Government Code section 6254.16., including, but not limited to, an agent or authorized family member of the person to whom the information pertains, an officer or employee of another governmental agency when necessary for the performance of its offical duties, or a law enforcement agency when necessary for the performance of its official duties, court order,or upon a determinatin of the Director of Finance and Information Services that the utility customer who is the subject of the request has used utility services in a manner iniconsistent with applicable city utility usage policies.
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7 The City Council finds that the public interest in disclosure of the water customer information or similar information clearly outweigh s the public interest in nondisclosure

10.The City of Brentwood will accept no liability for the accuracy of said water customer list and will inform each person of this fact by providing a copy of the Council policy or providing the statement on a City request form.
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City Administration
City of Brentwood City Council
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Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov