Public Records Request

Public Records Request
As the official custodian of records for the City of Delano, the City Clerk accepts the Public Records Requests and coordinates with the appropriate department(s) a response within the legal time frame.

The City of Delano works diligently to be expeditious in our response and to provide the fullest possible disclosure of its records. A request to review or obtain copies of records may be made either in person, by e-mail, or by fax. Some records are exempt from disclosure under the California Public Records Act, therefore it may be necessary in some cases for staff to review the requested records to determine whether those exemptions apply before the records can be released for review or duplication.

The California Public Records Act also provides that copies of records will be made promptly available upon payment of fees that cover the direct costs of duplication. Therefore there will be a charge for the reproduction of documents or other media responsive to the request.

How can citizens obtain public records?
While a request for records may be made either in person, by e-mail, fax or by phone, you can click here and fill out the online form. If you wish to make your request in person, you may do so during the regular office hours of Monday through Friday, 8 a.m. to 5 p.m., excluding holidays. The Delano City Clerk's Office is located on the first floor in City Hall, 1015 Eleventh Avenue. You may also call (661)720-2228, if you have any questions or if you would like the form provided to you via mail or by fax.

How long will it take to get a response?
The California Public records request requires a response within 10 calendar days from the date the request was received by the City. Occasionally, the time may be  extended, by no more than 14 days, if it has been determined there are unusual circumstances that will delay the response, and as defined in Government Code 6253. In which case the requester will be notified of the reasons for the delay and the date by which the determination is expected to be issued.

How will the city respond to a public records request?
The City Clerk's department will advise the person submitting the request, by e-mail or by mail of (1) the location, date , and time at which the requested records may be inspected; (2) if copies of records requested are available, and the cost of providing such copies; (3) which of the records requested are not subject to disclosure as public records pursuant to applicable provisions of the Public Records Act or Information Practices Act. The City will determine also the form in which any requested computer data will be provided.

The City may also request additional information if the records request is not specific enough to permit the identification of the requested records.

What records are not open for inspection or will not be disclosed?

In balancing the public's right to access public records with the recognized individual right of privacy and the need for government agencies to be able to competently perform their duties, the Legislature has established certain categories of records as exempt form public disclosure.
A complete list of statutory exemption is found in the Public Records Act, Government Code Section 6254 et seq. Exemption categories include some of the following:

  1. Preliminary drafts, notes, or inter-agency or intra-agency memoranda which are not retained by the City in ordinary course of business, provided that the public interest in withholding such records clearly outweighs the public interest in disclosure;
  2. Records pertaining to pending litigation to which the City is a party, or to claims made pursuant to Government code Division 3.6 (commencing with Section 810) until such litigation or claim has been finally adjudicated or otherwise settled;
  3. Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy;
  4. Trade secrets as defined in Government Code section 6254.2 (f) except as required by law.
  5. Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examination;
  6. Records of which disclosure is exempt or prohibited pursuant to provisions of federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege.

The City also has the discretion not to disclose records that do not qualify for a specific exemption under the Public Records Act if it determines that the public interest served by not making the record public clearly outweighs the public interest served by disclosure, pursuant to Government Code Section 6255. City's determination to disclose a particular record, which may otherwise be exempt from disclosure, does not constitute a waiver with respect to any other records.