Victorville, CA

Sunlight provided assistance with the development of this policy.

RESOLUTION NO. 16-012

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE, CALIFORNIA, ESTABLISHING AND ADOPTING THE

VICTORVILLE OPEN DATA POLICY AND DIRECTING THE CITY

MANAGER TO ESTABLISH AND OVERSEE A DATA GOVERNANCE

WORKING GROUP FOR THE DEVELOPMENT AND

IMPLEMENTATION OF THE OPEN DATA PRACTICES OUTLINED

THEREIN

WHEREAS, the City of Victorville (“City”) creates, maintains and possesses valuable

data in support of its various business functions; and

WHEREAS, the City recognizes that this data is also a public resource and there is

significant potential for the public to benefit from innovative uses associated with making this

data freely and openly available; and

WHEREAS, the emergence and continued refinement of new information technology

has dramatically changed the way citizens search for and expect to find, consume and utilize

information, and such technology can aggregate larger quantities of data and allow government

to provide information to the public with increasing efficiency; and

WHEREAS, the City can leverage this technology to meet the public demand for

information, enhance public access to" government data and make government processes

transparent in order to promote public trust; and

WHEREAS, the City recognizes the need to appropriately safeguard against publishing

privileged, confidential, private, proprietary or similar information which is exempt from

disclosure under the provisions of the California Public Records Act or any other applicable law,

rule or regulation; and

WHEREAS, balancing limitations on the disclosure of public information with the

public benefit and ensuring the quality "and consistency of such data are essential to maintaining

the data’s value and utility; and

WHEREAS, the attached Victorville Open Data Policy (“Policy”), incorporates model

language and best practices and was developed in partnership with the Sunlight Foundation as

part of the scope of work outlined in the City’s Memorandum of Understanding under the What

Works Cities program; and

WHEREAS, the City Council wishes to adopt the attached Policy to formalize

Victorville’s efforts to improve the supply of data_ made available to the public in a useful and

responsive way, as well as to promote the use of such data and evidence in decision-making; and

WHEREAS, the City Council further wishes to authorize and direct the City Manager to

establish and oversee a Data Governance Working Group to develop and implement the open

data practices set forth in the attached Policy.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE

DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. The recitals set forth above are true and correct and are hereby incorporated in

their entirety as part of this Resolution by this reference. ,

Section 2. The Victorville Open Data Policy set forth in Attachment A to this Resolution,

incorporated and made part of this Resolution by reference, is hereby adopted.

Section 3. The City Manager is authorized and directed to establish and oversee a Data

Governance Working Group to develop and implement the open data practices set forth in the

Policy {Attachment A).

Section 5. The City Clerk shall certify to the adoption of this Resolution.

Section 6. This Resolution shall take effect immediately upon its adoption.

Resolution No. 16-012

PASSED, APPROVED AND ADOPTED this 5th day of APRIL 2016.

MAYOR OF THE CITY OF VICTORVILLE

ATTEST:

CITY CLERK

APPROVE

CITY ATTORNEY

I, CAROLEE BATES, City Clerk of the City of Victorville and ex-officio Clerk to the City

Council of said City, DO HEREBY CERTIFY that the foregoing is a true and correct copy

of Resolution No. 16-012 which was adopted at a meeting held on the 5'“ day of April

2016, by the following roll call vote, to wit:

AYES: Councilmembers Garcia, Cox, Kennedy, McEachron and Negrete

NOES: NONE

ABSENT: NONE

ABSTAIN: NONE

CITY CLERK

ATTACHMENT A

VICTORVILLE OPEN DATA POLICY

Section 1. Title "

This policy, which may be amended and updated from time-to-time by City Council resolution,

shall be known as the Victorville Open Data Policy (the “Open Data Policy”).

Section 2. Definitions

a. “City Agency” or “City Agencies” shall mean the City of Victorville (“City”) and each of

the City’s (l6pfl1’lI_1'Il61’1llS, offices, administrative units, commissions, boards, advisory committees or other divisions of the City’s government, including the Victorville Water District, Southern California Logistics Airport Authority, RDA Successor Agency, Victorville Housing Trust, Southern California Logistics Rail Authority and Victorville Joint Powers Financing Authority.

b. “Contractor” means the third party contractors of any City Agency who create or acquire

information, records, or Data on behalf of a City Agency.

c. “Data” means statistical, factual, quantitative, or qualitative information that is

maintained or created by or on behalf of a City Agency. ,

d. “Dataset” means a named collection of related records, with the collection containing

Data organized or formatted in a specific or prescribed way, often in tabular form.

e. “Metadata” means a description of the Data fields in a Dataset that helps the public to

understand what the Data is, as well as how and when it is collected.

f. “Open Data” means Publishable Data that is available online, in an Open Format, with no

legal encumbrances on use or reuse, and is available for the public to access and download in full

without fees or a requirement of registration. Legal encumbrances include federal copyright

protections and other, non-statutory legal limitations on how or under What conditions the

Publishable Data may be used, but do not include any processes required to ensure public access

to Publishable Data or to protect the central online location/website from which Publishable Date is accessed from unlawful abuse, damage or impairment.

g. “Open Format” means any widely accepted, nonproprietary, platform-independent, machine-readable Data format, which permits automated processing of such Data and facilitates

analysis and search capabilities.

h. “Protected Information” means any Data, Dataset or portion thereof which contains

privileged, confidential, private, proprietary or similar information which is exempt from

disclosure under the provisions of the California Public Records Act or any other applicable law,

rule or regulation. '

i. “Publishable Data” means Data and/or Datasets which do not consist of or contain

Protected information and have been prepared for release to the public.

Section 3. Open Data Policy Goals

a. The City commits to develop and implement practices that will allow it to achieve the

following Open Data Policy goals:

1. Proactively release all Publishable Data, making it freely available in an Open Format,

with no restrictions on use/or reuse, and fully accessible to the broadest range of users to

use for varying purposes;

2. Publish high quality, updated Publishable Data with documentation (Metadata) and

permanence to encourage maximum use;

3. Provide or support access to free, historical archives of all released City Publishable

Data;

4. Measure the effectiveness of Datasets made available through this Open Data Policy by

connecting Open Data efforts to the City’s strategic priorities;

5. Minimize limitations on the disclosure of public information, while appropriately

. safeguarding and not publishing Protected information; and

6. Support innovative uses of the City’s Publishable Data by City Agencies, Contractors,

other governmental agencies, the public and other partners such as the media, businesses,

non-profits and research groups.

b. The development and implementation of these practices shall be overseen by the Data

Governance Working Group (the “DG Working Group”), consisting of both City staff and

community members. City staff members shall be appointed by and serve at the pleasure of the

City Manager. Community member appointments shall be approved by the City Council. The

DG Working Group shall report to the City Manager or to his/her authorized designee.

c. This Open Data Policy shall apply to each City Agency, and to the fullest extent

permitted by applicable laws and City guidelines, its Contractors as defined in Section l hereof.

d. Appropriate funding shall be established for the Open Data budget as determined by the

City Council based upon policy goals and the recommendations of the DG Working Group in the

annual report.

Section 4. Governance

a. Implementation of this Open Data Policy will be overseen by the DG Working Group,

who under the guidance and direction of the City Manager, shall work with each City Agency to:

1. Identify and publish appropriate contact information for a lead Open Data coordinator in

each City Agency who will be responsible for managing that City Agency’s participation

in this Open Data Policy;

2. Create a comprehensive inventory of Datasets held by each City Agency, which shall be

published to the central Open Data location and regularly updated;

3. Develop and implement a process for determining, in accordance with the Public Records

Act and other applicable laws, which City Agency and/or Contractor Data and/or

Datasets are appropriate for public disclosure (i.e., can be considered Publishable Data);

4. Amend current purchasing, procurement and contracting processes as needed to promote

this Open Data Policy, such as crafting guidelines to include Open Data requirements in

appropriate City contracts and creating standardized contractual provisions preserving

City ownership of Data and authorizing its publication on the City’s central Open Data

location;

5. Develop and implement a process for prioritizing the release of Publishable Datasets

which takes into account new and existing signals of interest from the public (such as the

frequency of public records requests), the City's strategic priorities, existing opportunities

for Data use in the public interest, and cost;

6. Develop and implement a process for proactively consulting with members of the public,

City Agency staff, Contractors, journalists and other stakeholders to identify the

Publishable Datasets which will have the greatest benefit to city residents if published in

a high quality manner;

7. Establish processes for posting Publishable Datasets to the central Open Data location,

including processes for ensuring that such Datasets are high quality, up-to-date, are in

use-appropriate formats, and scrupulously exclude Protected Information;

8. Ensure that appropriate Metadata is provided for each Dataset in order to facilitate its use;

9. Develop and monitor a routinely updated, public timeline for new Dataset publication; and

10. Ensure that published Datasets are available for bulk download without legal

encumbrance.

b. In order to increase and improve use of the City’s Open Data, the DG Working Group

will actively encourage participation by City Agencies, Contractors and the public by providing

regular opportunities for feedback and collaboration.

Section 5. Central Online Location for Published Data

a. The City will create and maintain a publicly available location on the City's website or in another suitable online location where the City’s Publishable Data will be available for download.

b. All Publishable Data shall be placed into the public domain, in an Open Format, without

restrictions or requirements placed on use.

c. Each Publishable Dataset should be associated with contact information for the

appropriate manager of that Dataset, as well as with Metadata.

Section 6. Open Data Report and Review

a. Within one year of the effective date of this Open Data Policy, and thereafter no later

than March 1st of each successive year, the DG Working Group shall publish an annual Open

Data report. The report shall include an assessment of progress towards achievement of the goals

of this Open Data Policy, an assessment of how the City’s Open Data work has furthered or will

further the City’s strategic priorities and a description and publication timeline for Publishable

Datasets envisioned to be released by the City in the following year.

b. As part of the annual review, the DG Working Group will make funding

recommendations for the upcoming fiscal year, as well as suggestions for improving the City’s

Open Data management processes to ensure that the City continues to move towards the

achievement of Open Data Policy goals.

Section 7. Effective Date.

This Open Data Policy shall become effective as of the date it is adopted by resolution of the

City Council.