Transparency and Public Information
I. General
The purpose of the Transparency and Public Information Policy is to establish guidelines for timely public access to information and records in accordance with Welfare and Institutions Code (WIC) Sections 4629.5, 4640.6(k), 4639, 4639.5, 4519.5, 4519.6, 4572, 4622(g)(3), 4652.5(d)(2), the Internal Revenue Service (IRS), and the state’s contract with the regional center Article 1, Section 19, Transparency and Access to Public Information and Article VII, Section 6, Data Compilation.
II. Departments Affected
This policy applies to all NLACRC employees in the San Fernando Valley, Antelope Valley, and Santa Clarita Valley offices.
III. Responsibility
The center’s publications information officer shall have the overall responsibility to monitor compliance of the Transparency and Public Information Policy. All NLACRC employees must ensure that they comply with the policy as outlined below.
IV. Policy
A. To promote transparency, NLACRC shall include on its Internet website the following information:
1. Annual independent audits [WIC 4629.5(b)(1)]. NLACRC will maintain the two most current annual independent audit reports on its website.
2. Biennial fiscal audits conducted by the Department of Developmental Services (DDS) [WIC 4629.5(b)(12)]. NLACRC will maintain the two most current biennial fiscal audit reports conducted by DDS on its website.
3. Current salary schedule for all personnel classifications [WIC 4629.5(b)(3) and (13)]. NLACRC will maintain the most current personnel classification report on its website.
4. Prior fiscal year expenditures from the regional center operations budget for all administrative services, including managerial, consultant, accounting, personnel, labor relations, and legal services, whether procured under a written contract or otherwise [WIC 4629.5(b)(3) and (13)]. NLACRC will maintain the most current report of administrative expenditures on its website.
5. The annual performance contract and year-end performance contract entered into with the department [WIC 4629.5(b)(9)]. NLACRC will maintain the most current annual performance contract and year-end performance contract on its website.
6. The biennial Home and Community-Based Services (HCBS) waiver program review conducted by DDS and the state Department of Health Care Services [WIC 4629.5(b)(10)]. NLACRC will maintain the two most current biennial HCBS waiver program review on its website.
7. Purchase of service policies [WIC 4629.5(b)(5)].
8. The names, type of service, and contact information of all purchase of service vendors, except consumers or family members of consumers [WIC 4629.5(b)(6)].
9. Contract awards, including the organization or entity awarded the contract, and the amount and purpose of the award [WIC 4629.5(b)(4)]. NLACRC will maintain the contract award information on its website for open contract years only.
10. Bylaws of the regional center governing board [WIC 4629.5(b)(8)].
11. Board meeting agendas and approved minutes of open meetings of the board and all committees of the board [WIC 4629.5(b)(7)]. NLACRC will maintain thirteen months of information on its website.
12. The board approved Transparency and Public Information Policy [WIC 4629.5(b)(11)].
13. The board approved Conflict of Interest Policy [WIC 4629.5(b)(12)].
14. The board approved Request for Proposal Policy [WIC 4648.11 and Article 2, Section 2(b)] of the state’s contract with NLACRC.
15. The board approved Service Provider Attendance File Policy.
16. The board approved Whistleblower Policy (Article 1, Section 18 of the state’s contract with NLACRC).
17. The board approved Zero Tolerance Policy for Consumer Abuse or Neglect (Article 1, Section 17(b) of the state’s contract with NLACRC).
18. Notice of privacy practices.
19. Purchase of Services Expenditure Data [WIC 4519.5, 4519.6, and Article VII, Section 6]. NLACRC shall maintain all previous years’ purchase of services expenditure data on its website.
20. Report by fiscal year of the number of instances when the written copy of the individual program plan was provided at the request of the consumer and, when appropriate, his or her parents, legal guardian or conservator, or authorized representative, in a language other than a threshold language if that written copy was provided more than 60 days after request [WIC, 4619.5(a)(6)].
21. The salaries, wages, and employee benefits for all managerial positions for which the primary purpose is the administrative management of the regional center including, but not limited to, directors and chief financial officers. [WIC 4629.5(b)(15)].
22. The ABX2-1 funding increases report for regional center staff wages, salaries and benefits, and administrative costs dated March 10, 2017 and October 1, 2017 [WIC 4629.5(b)(13) & WIC 4639.5(d)]
23. Purchase of Service policies and any other policies, guidelines, or regional center-developed assessment tools used to determine the transportation, personal assistant, independent or supported living services of a consumer [WIC 4629.5(b)(5) & WIC 4434(d)].
24. Publish a dashboard and post a hyperlink to DDS’s dashboard on DDS’s website. The dashboard shall include, but not be limited to, all of the following metrics [WIC 4572 and 4652.5(d)(2)]:
a. Recognized quality and access measures
b. Measures to indicate the movement toward compliance with the federal Home and Community-Based Services
NLACRC Board Transparency and Public Information Policy Page 4
c. Measures to evaluate the changes in the number of consumers who work in competitive employment
d. The number of complaints referred to DDS pursuant to subdivision 4731, for every 1,000 consumers served, by each regional center
e. The number of administrative fair hearings held, separated by eligibility and service issues, for individuals ages three and over, for every 1,000 consumers served by each regional center
f. Vendor compliance with audit requirements and opinions resulting from audit reports.
25. Post a hyperlink to the protection and advocacy agency and the clients’ rights advocate [WIC 4519.2 (e)]
26. The training and support provided to board members.
B. To promote timely public access to information, NLACRC shall provide timely access to information, upon written request by a member of the public, that includes but is not limited to:
1. Service provider rates [WIC 4629.5(a)].
2. Documentation related to establishment of negotiated rates for service providers [WIC 4629.5(a)].
3. Department of the Treasury IRS Return of Organization Exempt From Income Tax, Form 990, for the past 3 years [WIC 4629.5(a)] and the IRS.
4. Management letter issued to NLACRC by NLACRC’s independent audit firm [WIC 4639].
5. Employment contracts with regional center staff or contractors [WIC 4640.6(k)].
6. Articles of Incorporation (IRS).
7. IRS determination letter that established NLACRC as a non-profit corporation (IRS).
8. Tax Exemption Application (if organization was formed after July 1, 1987) (IRS).
V. Procedure
A. Public records maintained by NLACRC are available for inspection in its San Fernando Valley office by members of the public during NLACRC’s regular business hours or on NLACRC’s website at www.nlacrc.org.
B. Requests by the public for inspection or copying of public records shall be made in writing unless the request involves records that are maintained on NLACRC’s website for the purpose of immediate public inspection.
C. NLACRC shall maintain the most current document or records required by WIC, Section 4629.5 on its website. All prior documents and records previously posted on its website for the past 7 years [WIC Section 4629.5] will be available upon request to the public.
D. Written and email requests for records shall be directed to the following department at NLACRC:
Public Information Supervisor
North Los Angeles County Regional Center
9200 Oakdale Avenue, Suite 100
Chatsworth, CA 91311
PublicInfo@nlacrc.org
E. Written or e-mail requests may take up to 10 days for NLACRC to review the request and inform the requestor whether or not the records are available and whether or not the records may be provided. All notifications by NLACRC will either be made in writing or by e-mail to the requestor. Additionally, NLACRC will notify the requestor, in NLACRC’s written response, of the amount of any applicable photocopying fees.
F. If the records are available on NLACRC’s website, the requestor shall be directed to NLACRC’s website to obtain the records.
G. If the records are available, and not on NLACRC’s website, NLACRC will either: 1) provide a copy of the records to the requestor; or 2) notify the requestor, in writing, the date that the records will be available. In some cases, NLACRC will require an extension of time to make the records available to the requestor due to “unusual circumstances.” Unusual circumstances may include, but are not limited to, the following:
1. The need to search for and collect the requested records from off-site storage.
2. The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request.
3. The need for consultation, which shall be conducted with all practicable speed, with another agency or legal counsel.
4. The need to compile data
H. If the records are not available or maintained, NLACRC will notify the requestor, in writing or e-mail, of the reasons for not providing the records requested.
I. NLACRC shall not disclose any records or information which is exempt from disclosure by statute or regulation or the disclosure of records or information violates WIC, Section 4514.
J. NLACRC shall not disclose to a member of the public the Social Security number reported in the employment contract between regional center and an employee or contractor [WIC 4640.6(k)(2)]. Therefore, Social Security numbers shall be redacted by NLACRC personnel from all employment contracts prior to inspection by the public.
K. NLACRC shall not disclose any records or information to a member of the public that contains confidential information about consumers or family members of consumers.
L. Requests by the public for inspection of records shall not interfere with the ordinary business of NLACRC.
M. The operational functions of NLACRC shall not be suspended to permit public inspection of records during periods in which such records are reasonably required by NLACRC personnel in the performance of their duties.
N. If the request requires review of numerous records, a mutually agreeable time will be established for the inspection of the records.
O. Requests by the public should be specific and focused. The request should sufficiently describe records so that the identification, location, and retrieval of the records can be achieved by NLACRC personnel. NLACRC personnel may assist a member of the public in making a focused request, based on the purpose of the request, by describing the information technology and physical location in which the records exist, and by providing suggestions for overcoming any practical basis for denying access to the records or information sought
P. In those cases where the records exist in an electronic format, if the requestor elects to have the records e-mailed rather than photocopied, NLACRC will not charge a photocopying fee to the requestor for the records.
Q. In those cases where the records exist in an electronic format, the requestor may elect to provide NLACRC with their portable electronic device, such as thumb drive, and NLACRC will copy the records electronically to the requestor’s portable electronic device. NLACRC will not charge a photocopying fee to the requestor for records that are provided to the requestor electronically.
R. NLACRC will charge a rate of $0.20 per page for photocopying of records. A minimum charge of $10.00 will apply for photocopying fees. Payment must be received by NLACRC in advance from the requestor prior to photocopying the records [WIC 4725(a)].
S. When data compilation involving an electronic record is required, the requesting party must pay full costs, which will be estimated before the information is prepared by NLACRC. Payment of fees must be received by NLACRC in advance from the requestor prior to producing the records.