Friday, August 25, 2006

IVHS - Records Request

A Public Records Act request for Inland Valley Humane Society (IVHS) animal records was made on August 14, 2006. Three days later Executive Director William C. Harford replied stating provisions of the California Public Records Act, Government Code sections 6250-6276.48 do not apply because the IVHS does not fit the definition of a "state agency" or a "local agency".

IVHS is a private non-profit organization and is contracted with cities to provide each city with a public animal shelter (public pound). Two of the city contract agreements have been reviewed and basically state the following...

"Humane Society will perform certain services as set out herein to provide City with public animal shelter (public pound) and animal control services including, but not limited to, the services defined in the CA Food and Agricultural Code sections 30501, et seq., and as specifically described in the Scope of Services herein and contained in Exhibit 1. Those services include the maintenance and operation of an animal shelter (public pound) in compliance with the provisions of applicable sections of the CA Code of Regulations...."

CALIFORNIA GOVERNMENT CODE
SECTION 6250-6270

6250. In enacting this chapter, the Legislature, mindful of the right of individuals to privacy, finds and declares that access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state.

6251. This chapter shall be known and may be cited as the California Public Records Act.

6252. As used in this chapter:
(a) "Local agency" includes a county; city, whether general law or chartered; city and county; school district; municipal corporation; district; political subdivision; or any board, commission or agency thereof; other local public agency; or entities that are legislative bodies of a local agency pursuant to subdivisions (c) and (d) of Section 54952.

View a copy of the request
View a copy of the response from Mr. Harford

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