Public Records Act

PUBLIC RECORDS ACT REQUEST GUIDELINES

To better assist the public, SMART has designated a Public Records Act Coordinator.  To both expedite your request and provide maximum assistance, if necessary, please direct your request to the Public Records Act Coordinator who will process and track your request.  The Coordinator may be reached by, by U.S. mail at, Sonoma-Marin Area Rail Transit District, Public Records Act Coordinator, electronically at pracoordinator@sonomamarintrain.org or by phone at (707) 285-8184.

To download the Public Records Act Request from, follow this link: PRA Request Form.

Written Requests Are Encouraged

The District encourages, but does not require, requests for records to be made in writing. Written requests create a formal record of the request and assist SMART’s identification of the records and information responsive to the request.

Identifying Records 

Requesters should provide specific information that reasonably describes the record(s) sought. When a record cannot be identified by name, the requester should attempt to be as specific as possible in describing the record, based on its content. If known, requesters should indicate a time frame and the subject matter or author of the record.

Inspection of Public Records

Public records maintained by SMART may be available for inspection during SMART’s regular business hours at SMART’s main office. If the request requires the retrieval and/or review of records to determine if the records may be exempt, a mutually agreeable time will be set for inspection of the records. The District makes numerous publications and records freely available on its website.

In order to prevent original records from being lost, damaged or destroyed during an inspection, SMART employees may be present during the inspection.

Processing Requests for Copies of Records

SMART will notify the requester no later than 10 days after receipt of the request whether records will be disclosed or are exempt, in full or in part, from disclosure. The initial 10-day period may be extended for up to an additional 14 days if the SMART determines the need to:

a. Communicate with field offices.

b. Inspect voluminous records.

c. Consult with other divisions.

d. Construct a computer report to extract data.

Copying Fees. SMART may charge the direct cost of duplication when it provides copies of records to the public (15 cents per page). When SMART must compile electronic data, extract information from an electronic record, or undertake computer programming to satisfy a request, SMART may require the requester to bear the full costs, not just the direct cost of duplication.

Exemptions

The District will provide access to public records unless the law provides an exemption from mandatory disclosure. Examples of records exempt from disclosure under the California Public Records Act include, but are not limited to: medical records, certain personnel records, investigative records, drafts, confidential legal advice, records prepared in connection with litigation, and information that may be kept confidential pursuant to other state or federal statutes.
 

SENATE BILL 272

Approved on October 11, 2015, adds a section to the California Public Records Act requiring local agencies to create a catalog of Enterprise Systems by July 1, 2016 with annual updates.

Text of SB 272:

Enterprise Systems

A software application or computer system that collects, stores, exchanges and analyzes information that the agency uses that is both of the following:

A multi-departmental system or a system that contains information collected about the public.
A system that serves as an original source of data within an agency.

 An Enterprise System does not include any of the following:

Information Technology security systems, including firewalls and other cybersecurity systems.
Physical access control systems, employee identification management systems, video monitoring and other physical control systems.
Infrastructure and mechanical control systems, including those that control or manage street lights, electrical, natural gas or water or sewer functions.
Systems related to 911 dispatch and operation or emergency services. Systems that would be restricted from disclosure by Section 6254.19.
The specific records that the information technology system collects, stores, exchanges or analyzes.

Requirements 

1. Create a catalog of enterprise systems, containing:

Current system vendor
Current system product
System’s purpose
A description of categories or types of data
The department that is the prime custodian of the data
The frequency that system data is collected
The frequency that system data is updated

2. To make the catalog publicly available upon request

3. To post the catalog in a prominent location on the agency’s website

Exceptions

Enterprise systems do not include cybersecurity systems, infrastructure and mechanical control systems.  For these and for disclosable Enterprise systems no information that would reveal vulnerabilities to, or otherwise increase the potential for an attack on, a public agency's IT system shall be disclosed.

Additionally, section 6270.5 does not automatically require disclosure of the specific records that the IT systems collect, store, exchange or analyze, however, the Act's other provisions pertaining to disclosure of such records still apply.

Enterprise System Catalog