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HomeMy WebLinkAboutMemorandum for counsela E C E i V la I * March 17, 1Q8.1 I TRUCKil OONNIR P.U-O. By - $*,, TO: BOARD OF DIRECTORS TRUGKEE-DOWJER PUBLIC UTILITY DISTRICT FROM: JAMES E. SIMON, DISTRICT COUNSEL? JOHN M. PHELPS, ASSOCIATE COUNSEL RE: PUBLIC UTILITY DISTRICT/TAPE RECORDING OF '■' DESTRUCTION OF TAPES J> y yf.^/ DETINGS AND SUBSEQUENT I We were asked to research and determine whether the Public Utility District is free to tape-record meetings of the Board, store the tapes while the minutes of the meeting ire transcribed, and then destroy the tapes. [1 is my understanding that during the period that the tapes ire stored they would be available to the public upon reasonable notice, and it is my further understanding that an official transcript >f each board meeting is prepared from the tapes and stored permanently in a minute book. Under the circumstances set Eorth above, it is my conclusion that the board is free to tape record Its meetings, make the tapes ivaliable fin public inspection, and destroy the taper, after they have been transcribed. He reviewed a number of State laws governing the conduct of meetings of public agencies, the creation and preservation of public i -i>rds, and eventual destruction of public records. We did not discover any statute or other rule which would prevent the District from tape-recording its meetings and subsequently destroying the tapes after -1- they are trans ;r 11 >ed . We t ev i i D r o v i s 1 o n s o f the Public Utility District Act, Public Utilities Code Section 15501 et seq, and we discovered no I restriction on dest ruct ion istabl i: • t1 ng i tape :les £ o I card's tape-recording of meetings and subsequent Section 16071 provides that the Board shall its proceedings, provide for the time and place oE IKI provi< ill meet in' ?n to the public. No other pi -vision oE ti ublic Utility Distt itricts the manner in which meetings are conducted or re© ion 16072 provides that the Board shall act only by / onliii. it resolution, and it is my understanding that District resolutions and ordinances are permanently maintained in the District's minute book. arefully reviewed the provisions of the Brown Act, Government Cod i M | in 54950 et seq, which Act provides that all meetings and tl-cr at l. Local agencies, including such agencii the Public I Utility Di itrict, be open to members of the public. The Brown Act .■-Hi li-ii: no restriction on the District's ability to tape record its stroy the tapes aftei ire trans We reviewed all the provisions of the California Public Records Act, Government Section 6250 et seq, which Act provides generally that jlic records, of state and local agencii including the Public Utility Dist riot. -.hall b« >pen to inspi ction at all tim This Act sntains no restrictions on the District's ability to tape record its ?etings and subsequently destroy the tapes after they are transcribed. -2- We reviewed deal with the right of I runent C de Sections 2620 • !05.7, which statues he County Board >l Supervisors to destroy various tatutes pi ivide I lirly detailed procedures for note, however, that Government Code unty Board ol Supervisors may at any of my luplicate record, paper or I* county record;;. Fhese statutes the destruction of records. Section 26201 provides that the time authorize the Jestructii document, as long as the original or a permanent photographic reproduction [s contained In the county files, although none of those sections, Including Section 26201, are directly applicable to the Public Utility District, Section 2620] 'ice:; Indicate that it is acceptable lor counties to destroy duplicates oi records as long as an original record is on file. Since the Public Utility District maintains official written minutes In its minute book, the tape-recordings of its meetings could be likened to duplicate minutes, the destruction of which would be permissible it Section 2620] wore applicable. I We ilso reviewed the State Records Management Act, Government ''ode Sections 14740-14768. This Act, which does not apply to the District', provides detailed provision: for the maintenance ind eventual destruction ■; State records. This Act does not restrict the Public Utility District in any way. Government Code Section 6200 makes it a criminal offense for a public officer to destroy public records. Section 6200 provides: Every officer having the custody of any record map, or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his hands for any purpose, who is guilty of stealing, willfully destroying, mutilating, defacing, altering or falsifying, removing or secreting the whole or any part of -3- LV such record, map, book, paper, or proceeding, or who permits .my other person to do so, is punishable by imprisonment in the state prison for two, three, or tour years. I Government Code Section 6201] has been hold to apply to many different types of public records. For instance, in People vs. Sperl (1976) 54 Cal.App.jd 640, a county marshal! was ronvicted of willfully destroying certain radio logs that were in his control. In People vs. Pearson (1952) 111 Cal.App.2d 9, a captain in the sheriff's department was convicted of destroying records he had prepared while making several vice investigations, in Pearson the defendant argued that his records were not "public records" within the purview of Section 6200. To this argument the court responded: I pub] i by th been act iv prol by a or in his c recoi 11] C The contention that the papers removed c records is a mere quibble?. They were sheriff's office as evidence of what done, of what was to be done and proof ities of those elements against whom th nforcing agencies could be on the alert documents are confidential public recor ecause of public policy are entitled to ct.ion of the statute....A paper written public official in the performance of h recording the efforts of himself and t immand or written plans of furore work i and is properly in the keeping of the il.App.2d at 18. (ere kept ml' the Is du lose i. i a of I i not ties under public The minutes of the Public Utility District's deliberations quite possibly are "public records" under Civil Code Section 6200. If an officer of the District willfully destroyed the tape-recordings and the written minutes of the District's deliberations, a violation of Government Code Section 6200 might arguably occur. Since, however, the District will at all times maintain permanent written minutes of its deliberations, we do not -4- A believe any criminal liability could result under Section 6200 upon the destruction of the tape-recordings of the District's deliberations. In addition, the cases indicate that Section 6200 has been enforced only when an official deliberately destroyed records to advance his own I interests or to destroy harmful evidence against himself, It is soy conclusion that the Public utility District is free to record its deliberations and subsequently destroy the tape long as I rmanent written minutes of its deliberations are maintained and as long ,1 smii lar :icer certifies that the written minute .'ur ate mi iiiii if the District1 iberations. During the time that the t icordings are stored they should be open to public •t.ion, ni wishing to inspect them should be permitted to th dings to the- actual written minut hat are Lint ained by t he Dist i let I -5-