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.
(b) "Member of the public" means any person, except a member,
agent, officer, or employee of a federal, state, or local agency
acting within the scope of his or her membership, agency, office, or
employment.
(c) "Person" includes any natural person, corporation,
partnership, limited liability company, firm, or association.
(d) "Public agency" means any state or local agency.
(e) "Public records" includes any writing containing information
relating to the conduct of the public's business prepared, owned,
used, or retained by any state or local agency regardless of physical
form or characteristics. "Public records" in the custody of, or
maintained by, the Governor's office means any writing prepared on or
after January 6, 1975.
(f) "State agency" means every state office, officer, department,
division, bureau, board, and commission or other state body or
agency, except those agencies provided for in Article IV (except
Section 20 thereof) or Article VI of the California Constitution.
(g) "Writing" means any handwriting, typewriting, printing,
photostating, photographing, photocopying, transmitting by electronic
mail or facsimile, and every other means of recording upon any
tangible thing any form of communication or representation, including
letters, words, pictures, sounds, or symbols, or combinations
thereof, and any record thereby created, regardless of the manner in
which the record has been stored.
6252.5. Notwithstanding the definition of "member of the public" in
Section 6252, an elected member or officer of any state or local
agency is entitled to access to public records of that agency on the
same basis as any other person. Nothing in this section shall limit
the ability of elected members or officers to access public records
permitted by law in the administration of their duties.
This section does not constitute a change in, but is declaratory
of, existing law.
6252.6. Notwithstanding paragraph (2) of subdivision (a) of Section
827 of the Welfare and Institutions Code, after the death of a
foster child who is a minor, the name, date of birth, and date of
death of the child shall be subject to disclosure by the county child
welfare agency pursuant to this chapter.
6252.7. Notwithstanding Section 6252.5 or any other provision of
law, when the members of a legislative body of a local agency are
authorized to access a writing of the body or of the agency as
permitted by law in the administration of their duties, the local
agency, as defined in Section 54951, shall not discriminate between
or among any of those members as to which writing or portion thereof
is made available or when it is made available.
6253. (a) Public records are open to inspection at all times during
the office hours of the state or local agency and every person has a
right to inspect any public record, except as hereafter provided.
Any reasonably segregable portion of a record shall be available for
inspection by any person requesting the record after deletion of the
portions that are exempted by law.
(b) Except with respect to public records exempt from disclosure
by express provisions of law, each state or local agency, upon a
request for a copy of records that reasonably describes an
identifiable record or records, shall make the records promptly
available to any person upon payment of fees covering direct costs of
duplication, or a statutory fee if applicable. Upon request, an
exact copy shall be provided unless impracticable to do so.
(c) Each agency, upon a request for a copy of records, shall,
within 10 days from receipt of the request, determine whether the
request, in whole or in part, seeks copies of disclosable public
records in the possession of the agency and shall promptly notify the
person making the request of the determination and the reasons
therefor. In unusual circumstances, the time limit prescribed in this
section may be extended by written notice by the head of the agency
or his or her designee to the person making the request, setting
forth the reasons for the extension and the date on which a
determination is expected to be dispatched. No notice shall specify a
date that would result in an extension for more than 14 days. When
the agency dispatches the determination, and if the agency determines
that the request seeks disclosable public records, the agency shall
state the estimated date and time when the records will be made
available. As used in this section, "unusual circumstances" means the
following, but only to the extent reasonably necessary to the proper
processing of the particular request:
(1) The need to search for and collect the requested records from
field facilities or other establishments that are separate from the
office processing the request.
(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 having substantial interest in
the determination of the request or among two or more components of
the agency having substantial subject matter interest therein.
(4) The need to compile data, to write programming language or a
computer program, or to construct a computer report to extract data.
(d) Nothing in this chapter shall be construed to permit an agency
to delay or obstruct the inspection or copying of public records.
The notification of denial of any request for records required by
Section 6255 shall set forth the names and titles or positions of
each person responsible for the denial.
(e) Except as otherwise prohibited by law, a state or local agency
may adopt requirements for itself that allow for faster, more
efficient, or greater access to records than prescribed by the
minimum standards set forth in this chapter.
6253.1. (a) When a member of the public requests to inspect a
public record or obtain a copy of a public record, the public agency,
in order to assist the member of the public make a focused and
effective request that reasonably describes an identifiable record or
records, shall do all of the following, to the extent reasonable
under the circumstances:
(1) Assist the member of the public to identify records and
information that are responsive to the request or to the purpose of
the request, if stated.
(2) Describe the information technology and physical location in
which the records exist.
(3) Provide suggestions for overcoming any practical basis for
denying access to the records or information sought.
(b) The requirements of paragraph (1) of subdivision (a) shall be
deemed to have been satisfied if the public agency is unable to
identify the requested information after making a reasonable effort
to elicit additional clarifying information from the requester that
will help identify the record or records.
(c) The requirements of subdivision (a) are in addition to any
action required of a public agency by Section 6253.
(d) This section shall not apply to a request for public records
if any of the following applies:
(1) The public agency makes available the requested records
pursuant to Section 6253.
(2) The public agency determines that the request should be denied
and bases that determination solely on an exemption listed in
Section 6254.
(3) The public agency makes available an index of its records.
6253.2. (a) Notwithstanding any other provision of this chapter to
the contrary, information regarding persons paid by the state to
provide in-home supportive services pursuant to Article 7 (commencing
with Section 12300) of Chapter 3 of Part 3 of Division 9 of the
Welfare and Institutions Code, or services provided pursuant to
Section 14132.95, 14132.952, or 14132.956 of the Welfare and
Institutions Code, is not subject to public disclosure pursuant to
this chapter, except as provided in subdivision (b).
(b) Copies of names, addresses, and telephone numbers of persons
described in subdivision (a) shall be made available, upon request,
to an exclusive bargaining agent and to any labor organization
seeking representation rights pursuant to Section 12301.6 or 12302.25
of the Welfare and Institutions Code or the In-Home Supportive
Services Employer-Employee Relations Act (Title 23 (commencing with
Section 110000)). This information shall not be used by the receiving
entity for any purpose other than the employee organizing,
representation, and assistance activities of the labor organization.
(c) This section applies solely to individuals who provide
services under the In-Home Supportive Services Program (Article 7
(commencing with Section 12300) of Chapter 3 of Part 3 of Division 9
of the Welfare and Institutions Code), the Personal Care Services
Program pursuant to Section 14132.95 of the Welfare and Institutions
Code, the In-Home Supportive Services Plus Option pursuant to Section
14132.952 of the Welfare and Institutions Code, or the Community
First Choice Option pursuant to Section 14132.956 of the Welfare and
Institutions Code.
(d) Nothing in this section is intended to alter or shall be
interpreted to alter the rights of parties under the In-Home
Supportive Services Employer-Employee Relations Act (Title 23
(commencing with Section 110000)) or any other labor relations law.
(e) This section shall be inoperative if the Coordinated Care
Initiative becomes inoperative pursuant to Section 34 of the act that
added this subdivision.
6253.2. (a) Notwithstanding any other provision of this chapter to
the contrary, information regarding persons paid by the state to
provide in-home supportive services pursuant to Article 7 (commencing
with Section 12300) of Chapter 3 of Part 3 of Division 9 of the
Welfare and Institutions Code or personal care services pursuant to
Section 14132.95 of the Welfare and Institutions Code, is not subject
to public disclosure pursuant to this chapter, except as provided in
subdivision (b).
(b) Copies of names, addresses, and telephone numbers of persons
described in subdivision (a) shall be made available, upon request,
to an exclusive bargaining agent and to any labor organization
seeking representation rights pursuant to subdivision (c) of Section
12301.6 or Section 12302.25 of the Welfare and Institutions Code or
Chapter 10 (commencing with Section 3500) of Division 4 of Title 1.
This information shall not be used by the receiving entity for any
purpose other than the employee organizing, representation, and
assistance activities of the labor organization.
(c) This section applies solely to individuals who provide
services under the In-Home Supportive Services Program (Article 7
(commencing with Section 12300) of Chapter 3 of Part 3 of Division 9
of the Welfare and Institutions Code) or the Personal Care Services
Program pursuant to Section 14132.95 of the Welfare and Institutions
Code.
(d) Nothing in this section is intended to alter or shall be
interpreted to alter the rights of parties under the
Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of
Division 4) or any other labor relations law.
(e) This section shall be operative only if Section 1 of the act
that added this subdivision becomes inoperative pursuant to
subdivision (e) of that Section 1.
6253.3. A state or local agency may not allow another party to
control the disclosure of information that is otherwise subject to
disclosure pursuant to this chapter.
6253.31. Notwithstanding any contract term to the contrary, a
contract entered into by a state or local agency subject to this
chapter, including the University of California, that requires a
private entity to review, audit, or report on any aspect of that
agency shall be public to the extent the contract is otherwise
subject to disclosure under this chapter.
6253.4. (a) Every agency may adopt regulations stating the
procedures to be followed when making its records available in
accordance with this section.
The following state and local bodies shall establish written
guidelines for accessibility of records. A copy of these guidelines
shall be posted in a conspicuous public place at the offices of these
bodies, and a copy of the guidelines shall be available upon request
free of charge to any person requesting that body's records:
Department of Motor Vehicles
Department of Consumer Affairs
Transportation Agency
Bureau of Real Estate
Department of Corrections and Rehabilitation
Division of Juvenile Justice
Department of Justice
Department of Insurance
Department of Business Oversight
Department of Managed Health Care
Secretary of State
State Air Resources Board
Department of Water Resources
Department of Parks and Recreation
San Francisco Bay Conservation and Development Commission
State Board of Equalization
State Department of Health Care Services
Employment Development Department
State Department of Public Health
State Department of Social Services
State Department of State Hospitals
State Department of Developmental Services
Public Employees' Retirement System
Teachers' Retirement Board
Department of Industrial Relations
Department of General Services
Department of Veterans Affairs
Public Utilities Commission
California Coastal Commission
State Water Resources Control Board
San Francisco Bay Area Rapid Transit District
All regional water quality control boards
Los Angeles County Air Pollution Control District
Bay Area Air Pollution Control District
Golden Gate Bridge, Highway and Transportation District
Department of Toxic Substances Control
Office of Environmental Health Hazard Assessment
(b) Guidelines and regulations adopted pursuant to this section
shall be consistent with all other sections of this chapter and shall
reflect the intention of the Legislature to make the records
accessible to the public. The guidelines and regulations adopted
pursuant to this section shall not operate to limit the hours public
records are open for inspection as prescribed in Section 6253.
6253.5. Notwithstanding Sections 6252 and 6253, statewide, county,
city, and district initiative, referendum, and recall petitions,
petitions circulated pursuant to Section 5091 of the Education Code,
petitions for the reorganization of school districts submitted
pursuant to Article 1 (commencing with Section 35700) of Chapter 4 of
Part 21 of the Education Code, petitions for the reorganization of
community college districts submitted pursuant to Part 46 (commencing
with Section 74000) of the Education Code and all memoranda prepared
by the county elections officials in the examination of the
petitions indicating which registered voters have signed particular
petitions shall not be deemed to be public records and shall not be
open to inspection except by the public officer or public employees
who have the duty of receiving, examining or preserving the petitions
or who are responsible for the preparation of that memoranda and, if
the petition is found to be insufficient, by the proponents of the
petition and the representatives of the proponents as may be
designated by the proponents in writing in order to determine which
signatures were disqualified and the reasons therefor. However, the
Attorney General, the Secretary of State, the Fair Political
Practices Commission, a district attorney, a school district or a
community college district attorney, and a city attorney shall be
permitted to examine the material upon approval of the appropriate
superior court.
If the proponents of a petition are permitted to examine the
petition and memoranda, the examination shall commence not later than
21 days after certification of insufficiency.
(a) As used in this section, "petition" shall mean any petition to
which a registered voter has affixed his or her signature.
(b) As used in this section "proponents of the petition" means the
following:
(1) For statewide initiative and referendum measures, the person
or persons who submit a draft of a petition proposing the measure to
the Attorney General with a request that he or she prepare a title
and summary of the chief purpose and points of the proposed measure.
(2) For other initiative and referenda on measures, the person or
persons who publish a notice of intention to circulate petitions, or,
where publication is not required, who file petitions with the
elections official.
(3) For recall measures, the person or persons defined in Section
343 of the Elections Code.
(4) For petitions circulated pursuant to Section 5091 of the
Education Code, the person or persons having charge of the petition
who submit the petition to the county superintendent of schools.
(5) For petitions circulated pursuant to Article 1 (commencing
with Section 35700) of Chapter 4 of Part 21 of the Education Code,
the person or persons designated as chief petitioners under Section
35701 of the Education Code.
(6) For petitions circulated pursuant to Part 46 (commencing with
Section 74000) of the Education Code, the person or persons
designated as chief petitioners under Sections 74102, 74133, and
74152 of the Education Code.
6253.6. (a) Notwithstanding the provisions of Sections 6252 and
6253, information compiled by public officers or public employees
revealing the identity of persons who have requested bilingual
ballots or ballot pamphlets, made in accordance with any federal or
state law, or other data that would reveal the identity of the
requester, shall not be deemed to be public records and shall not be
provided to any person other than public officers or public employees
who are responsible for receiving those requests and processing the
same.
(b) Nothing contained in subdivision (a) shall be construed as
prohibiting any person who is otherwise authorized by law from
examining election materials, including, but not limited to,
affidavits of registration, provided that requests for bilingual
ballots or ballot pamphlets shall be subject to the restrictions
contained in subdivision (a).
6253.8. (a) Every final enforcement order issued by an agency
listed in subdivision (b) under any provision of law that is
administered by an entity listed in subdivision (b), shall be
displayed on the entity's Internet website, if the final enforcement
order is a public record that is not exempt from disclosure pursuant
to this chapter.
(b) This section applies to the California Environmental
Protection Agency and to all of the following entities within the
agency:
(1) The State Air Resources Board.
(2) The California Integrated Waste Management Board.
(3) The State Water Resources Control Board, and each California
regional water quality control board.
(4) The Department of Pesticide Regulation.
(5) The Department of Toxic Substances Control.
(c) (1) Except as provided in paragraph (2), for purposes of this
section, an enforcement order is final when the time for judicial
review has expired on or after January 1, 2001, or when all means of
judicial review have been exhausted on or after January 1, 2001.
(2) In addition to the requirements of paragraph (1), with regard
to a final enforcement order issued by the State Water Resources
Control Board or a California regional water quality control board,
this section shall apply only to a final enforcement order adopted by
that board or a regional board at a public meeting.
(d) An order posted pursuant to this section shall be posted for
not less than one year.
(e) The California Environmental Protection Agency shall oversee
the implementation of this section.
(f) This section shall become operative April 1, 2001.
6253.9. (a) Unless otherwise prohibited by law, any agency that has
information that constitutes an identifiable public record not
exempt from disclosure pursuant to this chapter that is in an
electronic format shall make that information available in an
electronic format when requested by any person and, when applicable,
shall comply with the following:
(1) The agency shall make the information available in any
electronic format in which it holds the information.
(2) Each agency shall provide a copy of an electronic record in
the format requested if the requested format is one that has been
used by the agency to create copies for its own use or for provision
to other agencies. The cost of duplication shall be limited to the
direct cost of producing a copy of a record in an electronic format.
(b) Notwithstanding paragraph (2) of subdivision (a), the
requester shall bear the cost of producing a copy of the record,
including the cost to construct a record, and the cost of programming
and computer services necessary to produce a copy of the record when
either of the following applies:
(1) In order to comply with the provisions of subdivision (a), the
public agency would be required to produce a copy of an electronic
record and the record is one that is produced only at otherwise
regularly scheduled intervals.
(2) The request would require data compilation, extraction, or
programming to produce the record.
(c) Nothing in this section shall be construed to require the
public agency to reconstruct a record in an electronic format if the
agency no longer has the record available in an electronic format.
(d) If the request is for information in other than electronic
format, and the information also is in electronic format, the agency
may inform the requester that the information is available in
electronic format.
(e) Nothing in this section shall be construed to permit an agency
to make information available only in an electronic format.
(f) Nothing in this section shall be construed to require the
public agency to release an electronic record in the electronic form
in which it is held by the agency if its release would jeopardize or
compromise the security or integrity of the original record or of any
proprietary software in which it is maintained.
(g) Nothing in this section shall be construed to permit public
access to records held by any agency to which access is otherwise
restricted by statute.
6254. Except as provided in Sections 6254.7 and 6254.13, this
chapter does not require the disclosure of any of the following
records:
(a) Preliminary drafts, notes, or interagency or intra-agency
memoranda that are not retained by the public agency in the ordinary
course of business, if the public interest in withholding those
records clearly outweighs the public interest in disclosure.
(b) Records pertaining to pending litigation to which the public
agency is a party, or to claims made pursuant to Division 3.6
(commencing with Section 810), until the pending litigation or claim
has been finally adjudicated or otherwise settled.
(c) Personnel, medical, or similar files, the disclosure of which
would constitute an unwarranted invasion of personal privacy.
(d) Contained in or related to any of the following:
(1) Applications filed with any state agency responsible for the
regulation or supervision of the issuance of securities or of
financial institutions, including, but not limited to, banks, savings
and loan associations, industrial loan companies, credit unions, and
insurance companies.
(2) Examination, operating, or condition reports prepared by, on
behalf of, or for the use of, any state agency referred to in
paragraph (1).
(3) Preliminary drafts, notes, or interagency or intra-agency
communications prepared by, on behalf of, or for the use of, any
state agency referred to in paragraph (1).
(4) Information received in confidence by any state agency
referred to in paragraph (1).
(e) Geological and geophysical data, plant production data, and
similar information relating to utility systems development, or
market or crop reports, that are obtained in confidence from any
person.
(f) Records of complaints to, or investigations conducted by, or
records of intelligence information or security procedures of, the
office of the Attorney General and the Department of Justice, the
Office of Emergency Services and any state or local police agency, or
any investigatory or security files compiled by any other state or
local police agency, or any investigatory or security files compiled
by any other state or local agency for correctional, law enforcement,
or licensing purposes. However, state and local law enforcement
agencies shall disclose the names and addresses of persons involved
in, or witnesses other than confidential informants to, the incident,
the description of any property involved, the date, time, and
location of the incident, all diagrams, statements of the parties
involved in the incident, the statements of all witnesses, other than
confidential informants, to the victims of an incident, or an
authorized representative thereof, an insurance carrier against which
a claim has been or might be made, and any person suffering bodily
injury or property damage or loss, as the result of the incident
caused by arson, burglary, fire, explosion, larceny, robbery,
carjacking, vandalism, vehicle theft, or a crime as defined by
subdivision (b) of Section 13951, unless the disclosure would
endanger the safety of a witness or other person involved in the
investigation, or unless disclosure would endanger the successful
completion of the investigation or a related investigation. However,
nothing in this division shall require the disclosure of that portion
of those investigative files that reflects the analysis or
conclusions of the investigating officer.
Customer lists provided to a state or local police agency by an
alarm or security company at the request of the agency shall be
construed to be records subject to this subdivision.
Notwithstanding any other provision of this subdivision, state and
local law enforcement agencies shall make public the following
information, except to the extent that disclosure of a particular
item of information would endanger the safety of a person involved in
an investigation or would endanger the successful completion of the
investigation or a related investigation:
(1) The full name and occupation of every individual arrested by
the agency, the individual's physical description including date of
birth, color of eyes and hair, sex, height and weight, the time and
date of arrest, the time and date of booking, the location of the
arrest, the factual circumstances surrounding the arrest, the amount
of bail set, the time and manner of release or the location where the
individual is currently being held, and all charges the individual
is being held upon, including any outstanding warrants from other
jurisdictions and parole or probation holds.
(2) Subject to the restrictions imposed by Section 841.5 of the
Penal Code, the time, substance, and location of all complaints or
requests for assistance received by the agency and the time and
nature of the response thereto, including, to the extent the
information regarding crimes alleged or committed or any other
incident investigated is recorded, the time, date, and location of
occurrence, the time and date of the report, the name and age of the
victim, the factual circumstances surrounding the crime or incident,
and a general description of any injuries, property, or weapons
involved. The name of a victim of any crime defined by Section 220,
236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e,
266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 288, 288a, 288.2,
288.3 (as added by Chapter 337 of the Statutes of 2006), 288.3 (as
added by Section 6 of Proposition 83 of the November 7, 2006,
statewide general election), 288.5, 288.7, 289, 422.6, 422.7, 422.75,
646.9, or 647.6 of the Penal Code may be withheld at the victim's
request, or at the request of the victim's parent or guardian if the
victim is a minor. When a person is the victim of more than one
crime, information disclosing that the person is a victim of a crime
defined in any of the sections of the Penal Code set forth in this
subdivision may be deleted at the request of the victim, or the
victim's parent or guardian if the victim is a minor, in making the
report of the crime, or of any crime or incident accompanying the
crime, available to the public in compliance with the requirements of
this paragraph.
(3) Subject to the restrictions of Section 841.5 of the Penal Code
and this subdivision, the current address of every individual
arrested by the agency and the current address of the victim of a
crime, where the requester declares under penalty of perjury that the
request is made for a scholarly, journalistic, political, or
governmental purpose, or that the request is made for investigation
purposes by a licensed private investigator as described in Chapter
11.3 (commencing with Section 7512) of Division 3 of the Business and
Professions Code. However, the address of the victim of any crime
defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266,
266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5,
285, 286, 288, 288a, 288.2, 288.3 (as added by Chapter 337 of the
Statutes of 2006), 288.3 (as added by Section 6 of Proposition 83 of
the November 7, 2006, statewide general election), 288.5, 288.7, 289,
422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code shall remain
confidential. Address information obtained pursuant to this
paragraph may not be used directly or indirectly, or furnished to
another, to sell a product or service to any individual or group of
individuals, and the requester shall execute a declaration to that
effect under penalty of perjury. Nothing in this paragraph shall be
construed to prohibit or limit a scholarly, journalistic, political,
or government use of address information obtained pursuant to this
paragraph.
(g) Test questions, scoring keys, and other examination data used
to administer a licensing examination, examination for employment, or
academic examination, except as provided for in Chapter 3
(commencing with Section 99150) of Part 65 of Division 14 of Title 3
of the Education Code.
(h) The contents of real estate appraisals or engineering or
feasibility estimates and evaluations made for or by the state or
local agency relative to the acquisition of property, or to
prospective public supply and construction contracts, until all of
the property has been acquired or all of the contract agreement
obtained. However, the law of eminent domain shall not be affected by
this provision.
(i) Information required from any taxpayer in connection with the
collection of local taxes that is received in confidence and the
disclosure of the information to other persons would result in unfair
competitive disadvantage to the person supplying the information.
(j) Library circulation records kept for the purpose of
identifying the borrower of items available in libraries, and library
and museum materials made or acquired and presented solely for
reference or exhibition purposes. The exemption in this subdivision
shall not apply to records of fines imposed on the borrowers.
(k) Records, the disclosure of which is exempted or prohibited
pursuant to federal or state law, including, but not limited to,
provisions of the Evidence Code relating to privilege.
(l) Correspondence of and to the Governor or employees of the
Governor's office or in the custody of or maintained by the Governor'
s Legal Affairs Secretary. However, public records shall not be
transferred to the custody of the Governor's Legal Affairs Secretary
to evade the disclosure provisions of this chapter.
(m) In the custody of or maintained by the Legislative Counsel,
except those records in the public database maintained by the
Legislative Counsel that are described in Section 10248.
(n) Statements of personal worth or personal financial data
required by a licensing agency and filed by an applicant with the
licensing agency to establish his or her personal qualification for
the license, certificate, or permit applied for.
(o) Financial data contained in applications for financing under
Division 27 (commencing with Section 44500) of the Health and Safety
Code, where an authorized officer of the California Pollution Control
Financing Authority determines that disclosure of the financial data
would be competitively injurious to the applicant and the data is
required in order to obtain guarantees from the United States Small
Business Administration. The California Pollution Control Financing
Authority shall adopt rules for review of individual requests for
confidentiality under this section and for making available to the
public those portions of an application that are subject to
disclosure under this chapter.
(p) Records of state agencies related to activities governed by
Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing
with Section 3525), and Chapter 12 (commencing with Section 3560) of
Division 4, that reveal a state agency's deliberative processes,
impressions, evaluations, opinions, recommendations, meeting minutes,
research, work products, theories, or strategy, or that provide
instruction, advice, or training to employees who do not have full
collective bargaining and representation rights under these chapters.
Nothing in this subdivision shall be construed to limit the
disclosure duties of a state agency with respect to any other records
relating to the activities governed by the employee relations acts
referred to in this subdivision.
(q) (1) Records of state agencies related to activities governed
by Article 2.6 (commencing with Section 14081), Article 2.8
(commencing with Section 14087.5), and Article 2.91 (commencing with
Section 14089) of Chapter 7 of Part 3 of Division 9 of the Welfare
and Institutions Code, that reveal the special negotiator's
deliberative processes, discussions, communications, or any other
portion of the negotiations with providers of health care services,
impressions, opinions, recommendations, meeting minutes, research,
work product, theories, or strategy, or that provide instruction,
advice, or training to employees.
(2) Except for the portion of a contract containing the rates of
payment, contracts for inpatient services entered into pursuant to
these articles, on or after April 1, 1984, shall be open to
inspection one year after they are fully executed. If a contract for
inpatient services that is entered into prior to April 1, 1984, is
amended on or after April 1, 1984, the amendment, except for any
portion containing the rates of payment, shall be open to inspection
one year after it is fully executed. If the California Medical
Assistance Commission enters into contracts with health care
providers for other than inpatient hospital services, those contracts
shall be open to inspection one year after they are fully executed.
(3) Three years after a contract or amendment is open to
inspection under this subdivision, the portion of the contract or
amendment containing the rates of payment shall be open to
inspection.
(4) Notwithstanding any other law, the entire contract or
amendment shall be open to inspection by the Joint Legislative Audit
Committee and the Legislative Analyst's Office. The committee and
that office shall maintain the confidentiality of the contracts and
amendments until the time a contract or amendment is fully open to
inspection by the public.
(r) Records of Native American graves, cemeteries, and sacred
places and records of Native American places, features, and objects
described in Sections 5097.9 and 5097.993 of the Public Resources
Code maintained by, or in the possession of, the Native American
Heritage Commission, another state agency, or a local agency.
(s) A final accreditation report of the Joint Commission on
Accreditation of Hospitals that has been transmitted to the State
Department of Health Care Services pursuant to subdivision (b) of
Section 1282 of the Health and Safety Code.
(t) Records of a local hospital district, formed pursuant to
Division 23 (commencing with Section 32000) of the Health and Safety
Code, or the records of a municipal hospital, formed pursuant to
Article 7 (commencing with Section 37600) or Article 8 (commencing
with Section 37650) of Chapter 5 of Part 2 of Division 3 of Title 4
of this code, that relate to any contract with an insurer or
nonprofit hospital service plan for inpatient or outpatient services
for alternative rates pursuant to Section 10133 of the Insurance
Code. However, the record shall be open to inspection within one year
after the contract is fully executed.
(u) (1) Information contained in applications for licenses to
carry firearms issued pursuant to Section 26150, 26155, 26170, or
26215 of the Penal Code by the sheriff of a county or the chief or
other head of a municipal police department that indicates when or
where the applicant is vulnerable to attack or that concerns the
applicant's medical or psychological history or that of members of
his or her family.
(2) The home address and telephone number of prosecutors, public
defenders, peace officers, judges, court commissioners, and
magistrates that are set forth in applications for licenses to carry
firearms issued pursuant to Section 26150, 26155, 26170, or 26215 of
the Penal Code by the sheriff of a county or the chief or other head
of a municipal police department.
(3) The home address and telephone number of prosecutors, public
defenders, peace officers, judges, court commissioners, and
magistrates that are set forth in licenses to carry firearms issued
pursuant to Section 26150, 26155, 26170, or 26215 of the Penal Code
by the sheriff of a county or the chief or other head of a municipal
police department.
(v) (1) Records of the Managed Risk Medical Insurance Board and
the State Department of Health Care Services related to activities
governed by Part 6.3 (commencing with Section 12695), Part 6.5
(commencing with Section 12700), Part 6.6 (commencing with Section
12739.5), or Part 6.7 (commencing with Section 12739.70) of Division
2 of the Insurance Code, or Chapter 2 (commencing with Section 15810)
or Chapter 4 (commencing with Section 15870) of Part 3.3 of Division
9 of the Welfare and Institutions Code, and that reveal any of the
following:
(A) The deliberative processes, discussions, communications, or
any other portion of the negotiations with entities contracting or
seeking to contract with the board or the department, entities with
which the board or the department is considering a contract, or
entities with which the board or department is considering or enters
into any other arrangement under which the board or the department
provides, receives, or arranges services or reimbursement.
(B) The impressions, opinions, recommendations, meeting minutes,
research, work product, theories, or strategy of the board or its
staff or the department or its staff, or records that provide
instructions, advice, or training to their employees.
(2) (A) Except for the portion of a contract that contains the
rates of payment, contracts entered into pursuant to Part 6.3
(commencing with Section 12695), Part 6.5 (commencing with Section
12700), Part 6.6 (commencing with Section 12739.5), or Part 6.7
(commencing with Section 12739.70) of Division 2 of the Insurance
Code, or Chapter 2 (commencing with Section 15810) or Chapter 4
(commencing with Section 15870) of Part 3.3 of Division 9 of the
Welfare and Institutions Code, on or after July 1, 1991, shall be
open to inspection one year after their effective dates.
(B) If a contract that is entered into prior to July 1, 1991, is
amended on or after July 1, 1991, the amendment, except for any
portion containing the rates of payment, shall be open to inspection
one year after the effective date of the amendment.
(3) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
(4) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto, until the
contracts or amendments to the contracts are open to inspection
pursuant to paragraph (3).
(w) (1) Records of the Managed Risk Medical Insurance Board
related to activities governed by Chapter 8 (commencing with Section
10700) of Part 2 of Division 2 of the Insurance Code, and that reveal
the deliberative processes, discussions, communications, or any
other portion of the negotiations with health plans, or the
impressions, opinions, recommendations, meeting minutes, research,
work product, theories, or strategy of the board or its staff, or
records that provide instructions, advice, or training to employees.
(2) Except for the portion of a contract that contains the rates
of payment, contracts for health coverage entered into pursuant to
Chapter 8 (commencing with Section 10700) of Part 2 of Division 2 of
the Insurance Code, on or after January 1, 1993, shall be open to
inspection one year after they have been fully executed.
(3) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto, until the
contracts or amendments to the contracts are open to inspection
pursuant to paragraph (2).
(x) Financial data contained in applications for registration, or
registration renewal, as a service contractor filed with the Director
of Consumer Affairs pursuant to Chapter 20 (commencing with Section
9800) of Division 3 of the Business and Professions Code, for the
purpose of establishing the service contractor's net worth, or
financial data regarding the funded accounts held in escrow for
service contracts held in force in this state by a service
contractor.
(y) (1) Records of the Managed Risk Medical Insurance Board and
the State Department of Health Care Services related to activities
governed by Part 6.2 (commencing with Section 12693) or Part 6.4
(commencing with Section 12699.50) of Division 2 of the Insurance
Code or Sections 14005.26 and 14005.27 of, or Chapter 3 (commencing
with Section 15850) of Part 3.3 of Division 9 of, the Welfare and
Institutions Code, if the records reveal any of the following:
(A) The deliberative processes, discussions, communications, or
any other portion of the negotiations with entities contracting or
seeking to contract with the board or the department, entities with
which the board or department is considering a contract, or entities
with which the board or department is considering or enters into any
other arrangement under which the board or department provides,
receives, or arranges services or reimbursement.
(B) The impressions, opinions, recommendations, meeting minutes,
research, work product, theories, or strategy of the board or its
staff, or the department or its staff, or records that provide
instructions, advice, or training to employees.
(2) (A) Except for the portion of a contract that contains the
rates of payment, contracts entered into pursuant to Part 6.2
(commencing with Section 12693) or Part 6.4 (commencing with Section
12699.50) of Division 2 of the Insurance Code, on or after January 1,
1998, or Sections 14005.26 and 14005.27 of, or Chapter 3 (commencing
with Section 15850) of Part 3.3 of Division 9 of, the Welfare and
Institutions Code shall be open to inspection one year after their
effective dates.
(B) If a contract entered into pursuant to Part 6.2 (commencing
with Section 12693) or Part 6.4 (commencing with Section 12699.50) of
Division 2 of the Insurance Code or Sections 14005.26 and 14005.27
of, or Chapter 3 (commencing with Section 15850) of Part 3.3 of
Division 9 of, the Welfare and Institutions Code, is amended, the
amendment shall be open to inspection one year after the effective
date of the amendment.
(3) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
(4) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto until the
contract or amendments to a contract are open to inspection pursuant
to paragraph (2) or (3).
(5) The exemption from disclosure provided pursuant to this
subdivision for the contracts, deliberative processes, discussions,
communications, negotiations, impressions, opinions, recommendations,
meeting minutes, research, work product, theories, or strategy of
the board or its staff, or the department or its staff, shall also
apply to the contracts, deliberative processes, discussions,
communications, negotiations, impressions, opinions, recommendations,
meeting minutes, research, work product, theories, or strategy of
applicants pursuant to Part 6.4 (commencing with Section 12699.50) of
Division 2 of the Insurance Code or Chapter 3 (commencing with
Section 15850) of Part 3.3 of Division 9 of the Welfare and
Institutions Code.
(z) Records obtained pursuant to paragraph (2) of subdivision (f)
of Section 2891.1 of the Public Utilities Code.
(aa) A document prepared by or for a state or local agency that
assesses its vulnerability to terrorist attack or other criminal acts
intended to disrupt the public agency's operations and that is for
distribution or consideration in a closed session.
(ab) Critical infrastructure information, as defined in Section
131(3) of Title 6 of the United States Code, that is voluntarily
submitted to the California Emergency Management Agency for use by
that office, including the identity of the person who or entity that
voluntarily submitted the information. As used in this subdivision,
"voluntarily submitted" means submitted in the absence of the office
exercising any legal authority to compel access to or submission of
critical infrastructure information. This subdivision shall not
affect the status of information in the possession of any other state
or local governmental agency.
(ac) All information provided to the Secretary of State by a
person for the purpose of registration in the Advance Health Care
Directive Registry, except that those records shall be released at
the request of a health care provider, a public guardian, or the
registrant's legal representative.
(ad) The following records of the State Compensation Insurance
Fund:
(1) Records related to claims pursuant to Chapter 1 (commencing
with Section 3200) of Division 4 of the Labor Code, to the extent
that confidential medical information or other individually
identifiable information would be disclosed.
(2) Records related to the discussions, communications, or any
other portion of the negotiations with entities contracting or
seeking to contract with the fund, and any related deliberations.
(3) Records related to the impressions, opinions, recommendations,
meeting minutes of meetings or sessions that are lawfully closed to
the public, research, work product, theories, or strategy of the fund
or its staff, on the development of rates, contracting strategy,
underwriting, or competitive strategy pursuant to the powers granted
to the fund in Chapter 4 (commencing with Section 11770) of Part 3 of
Division 2 of the Insurance Code.
(4) Records obtained to provide workers' compensation insurance
under Chapter 4 (commencing with Section 11770) of Part 3 of Division
2 of the Insurance Code, including, but not limited to, any medical
claims information, policyholder information provided that nothing in
this paragraph shall be interpreted to prevent an insurance agent or
broker from obtaining proprietary information or other information
authorized by law to be obtained by the agent or broker, and
information on rates, pricing, and claims handling received from
brokers.
(5) (A) Records that are trade secrets pursuant to Section
6276.44, or Article 11 (commencing with Section 1060) of Chapter 4 of
Division 8 of the Evidence Code, including without limitation,
instructions, advice, or training provided by the State Compensation
Insurance Fund to its board members, officers, and employees
regarding the fund's special investigation unit, internal audit unit,
and informational security, marketing, rating, pricing,
underwriting, claims handling, audits, and collections.
(B) Notwithstanding subparagraph (A), the portions of records
containing trade secrets shall be available for review by the Joint
Legislative Audit Committee, the Bureau of State Audits, Division of
Workers' Compensation, and the Department of Insurance to ensure
compliance with applicable law.
(6) (A) Internal audits containing proprietary information and the
following records that are related to an internal audit:
(i) Personal papers and correspondence of any person providing
assistance to the fund when that person has requested in writing that
his or her papers and correspondence be kept private and
confidential. Those papers and correspondence shall become public
records if the written request is withdrawn, or upon order of the
fund.
(ii) Papers, correspondence, memoranda, or any substantive
information pertaining to any audit not completed or an internal
audit that contains proprietary information.
(B) Notwithstanding subparagraph (A), the portions of records
containing proprietary information, or any information specified in
subparagraph (A) shall be available for review by the Joint
Legislative Audit Committee, the Bureau of State Audits, Division of
Workers' Compensation, and the Department of Insurance to ensure
compliance with applicable law.
(7) (A) Except as provided in subparagraph (C), contracts entered
into pursuant to Chapter 4 (commencing with Section 11770) of Part 3
of Division 2 of the Insurance Code shall be open to inspection one
year after the contract has been fully executed.
(B) If a contract entered into pursuant to Chapter 4 (commencing
with Section 11770) of Part 3 of Division 2 of the Insurance Code is
amended, the amendment shall be open to inspection one year after the
amendment has been fully executed.
(C) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
(D) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto until the
contract or amendments to a contract are open to inspection pursuant
to this paragraph.
(E) This paragraph is not intended to apply to documents related
to contracts with public entities that are not otherwise expressly
confidential as to that public entity.
(F) For purposes of this paragraph, "fully executed" means the
point in time when all of the necessary parties to the contract have
signed the contract.
This section shall not prevent any agency from opening its records
concerning the administration of the agency to public inspection,
unless disclosure is otherwise prohibited by law.
This section shall not prevent any health facility from disclosing
to a certified bargaining agent relevant financing information
pursuant to Section 8 of the National Labor Relations Act (29 U.S.C.
Sec. 158).
6254.1. (a) Except as provided in Section 6254.7, nothing in this
chapter requires disclosure of records that are the residence address
of any person contained in the records of the Department of Housing
and Community Development, if the person has requested
confidentiality of that information, in accordance with Section 18081
of the Health and Safety Code.
(b) Nothing in this chapter requires the disclosure of the
residence or mailing address of any person in any record of the
Department of Motor Vehicles except in accordance with Section
1808.21 of the Vehicle Code.
(c) Nothing in this chapter requires the disclosure of the results
of a test undertaken pursuant to Section 12804.8 of the Vehicle
Code.
6254.2. (a) Nothing in this chapter exempts from public disclosure
the same categories of pesticide safety and efficacy information that
are disclosable under paragraph (1) of subsection (d) of Section 10
of the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
Sec. 136h(d)(1)), if the individual requesting the information is not
an officer, employee, or agent specified in subdivision (h) and
signs the affirmation specified in subdivision (h).
(b) The Director of Pesticide Regulation, upon his or her
initiative, or upon receipt of a request pursuant to this chapter for
the release of data submitted and designated as a trade secret by a
registrant or applicant, shall determine whether any or all of the
data so submitted is a properly designated trade secret. In order to
assure that the interested public has an opportunity to obtain and
review pesticide safety and efficacy data and to comment prior to the
expiration of the public comment period on a proposed pesticide
registration, the director shall provide notice to interested persons
when an application for registration enters the registration
evaluation process.
(c) If the director determines that the data is not a trade
secret, the director shall notify the registrant or applicant by
certified mail.
(d) The registrant or applicant shall have 30 days after receipt
of this notification to provide the director with a complete
justification and statement of the grounds on which the trade secret
privilege is claimed. This justification and statement shall be
submitted by certified mail.
(e) The director shall determine whether the data is protected as
a trade secret within 15 days after receipt of the justification and
statement or, if no justification and statement is filed, within 45
days of the original notice. The director shall notify the registrant
or applicant and any party who has requested the data pursuant to
this chapter of that determination by certified mail. If the director
determines that the data is not protected as a trade secret, the
final notice shall also specify a date, not sooner than 15 days after
the date of mailing of the final notice, when the data shall be
available to any person requesting information pursuant to
subdivision (a).
(f) "Trade secret" means data that is nondisclosable under
paragraph (1) of subsection (d) of Section 10 of the federal
Insecticide, Fungicide, and Rodenticide Act.
(g) This section shall be operative only so long as, and to the
extent that, enforcement of paragraph (1) of subsection (d) of
Section 10 of the federal Insecticide, Fungicide, and Rodenticide Act
has not been enjoined by federal court order, and shall become
inoperative if an unappealable federal court judgment or decision
becomes final that holds that paragraph invalid, to the extent of the
invalidity.
(h) The director shall not knowingly disclose information
submitted to the state by an applicant or registrant pursuant to
Article 4 (commencing with Section 12811) of Chapter 2 of Division 7
of the Food and Agricultural Code to any officer, employee, or agent
of any business or other entity engaged in the production, sale, or
distribution of pesticides in countries other than the United States
or in countries in addition to the United States, or to any other
person who intends to deliver this information to any foreign or
multi-national business or entity, unless the applicant or registrant
consents to the disclosure. To implement this subdivision, the
director shall require the following affirmation to be signed by the
person who requests such information:
AFFIRMATION OF STATUS
This affirmation is required by Section 6254.2 of the Government
Code.
I have requested access to information submitted to the Department
of Pesticide Regulation (or previously submitted to the Department
of Food and Agriculture) by a pesticide applicant or registrant
pursuant to the California Food and Agricultural Code. I hereby
affirm all of the following statements:
(1) I do not seek access to the information for purposes of
delivering it or offering it for sale to any business or other
entity, including the business or entity of which I am an officer,
employee, or agent engaged in the production, sale, or distribution
of pesticides in countries other than the United States or in
countries in addition to the United States, or to the officers,
employees, or agents of such a business or entity.
(2) I will not purposefully deliver or negligently cause the data
to be delivered to a business or entity specified in paragraph (1) or
its officers, employees, or agents.
I am aware that I may be subject to criminal penalties under
Section 118 of the Penal Code if I make any statement of material
facts knowing that the statement is false or if I willfully conceal
any material fact.
________________________ _________________________
Name of Requester Name of Requester's
Organization
________________________ _________________________
Signature of Requester Address of Requester
_________ ______________ _________________________
Date Request No. Telephone Number of
Requester
________________________
Name, Address, and
Telephone Number of
Requester's Client, if
the requester has
requested access to the
information on behalf
of someone other than
the requester or the
requester's
organization listed
above.
(i) Notwithstanding any other provision of this section, the
director may disclose information submitted by an applicant or
registrant to any person in connection with a public proceeding
conducted under law or regulation, if the director determines that
the information is needed to determine whether a pesticide, or any
ingredient of any pesticide, causes unreasonable adverse effects on
health or the environment.
(j) The director shall maintain records of the names of persons to
whom data is disclosed pursuant to this section and the persons or
organizations they represent and shall inform the applicant or
registrant of the names and the affiliation of these persons.
(k) Section 118 of the Penal Code applies to any affirmation made
pursuant to this section.
(l) Any officer or employee of the state or former officer or
employee of the state who, because of this employment or official
position, obtains possession of, or has access to, material which is
prohibited from disclosure by this section, and who, knowing that
disclosure of this material is prohibited by this section, willfully
discloses the material in any manner to any person not entitled to
receive it, shall, upon conviction, be punished by a fine of not more
than ten thousand dollars ($10,000), or by imprisonment in the
county jail for not more than one year, or by both fine and
imprisonment.
For purposes of this subdivision, any contractor with the state
who is furnished information pursuant to this section, or any
employee of any contractor, shall be considered an employee of the
state.
(m) This section does not prohibit any person from maintaining a
civil action for wrongful disclosure of trade secrets.
(n) The director may limit an individual to one request per month
pursuant to this section if the director determines that a person has
made a frivolous request within the past 12-month period.
6254.3. (a) The home addresses and home telephone numbers of state
employees and employees of a school district or county office of
education shall not be deemed to be public records and shall not be
open to public inspection, except that disclosure of that information
may be made as follows:
(1) To an agent, or a family member of the individual to whom the
information pertains.
(2) To an officer or employee of another state agency, school
district, or county office of education when necessary for the
performance of its official duties.
(3) To an employee organization pursuant to regulations and
decisions of the Public Employment Relations Board, except that the
home addresses and home telephone numbers of employees performing law
enforcement-related functions shall not be disclosed.
(4) To an agent or employee of a health benefit plan providing
health services or administering claims for health services to state,
school districts, and county office of education employees and their
enrolled dependents, for the purpose of providing the health
services or administering claims for employees and their enrolled
dependents.
(b) Upon written request of any employee, a state agency, school
district, or county office of education shall not disclose the
employee's home address or home telephone number pursuant to
paragraph (3) of subdivision (a) and an agency shall remove the
employee's home address and home telephone number from any mailing
list maintained by the agency, except if the list is used exclusively
by the agency to contact the employee.
6254.4. (a) The home address, telephone number, e-mail address,
precinct number, or other number specified by the Secretary of State
for voter registration purposes, and prior registration information
shown on the voter registration card for all registered voters, are
confidential and shall not be disclosed to any person, except
pursuant to Section 2194 of the Elections Code.
(b) For purposes of this section, "home address" means street
address only, and does not include an individual's city or post
office address.
(c) The California driver's license number, the California
identification card number, the social security number, and any other
unique identifier used by the State of California for purposes of
voter identification shown on a voter registration card of a
registered voter, or added to the voter registration records to
comply with the requirements of the Help America Vote Act of 2002 (42
U.S.C. Sec. 15301 et seq.), are confidential and shall not be
disclosed to any person.
(d) The signature of the voter that is shown on the voter
registration card is confidential and shall not be disclosed to any
person.
6254.5. Notwithstanding any other provisions of the law, whenever a
state or local agency discloses a public record which is otherwise
exempt from this chapter, to any member of the public, this
disclosure shall constitute a waiver of the exemptions specified in
Sections 6254, 6254.7, or other similar provisions of law. For
purposes of this section, "agency" includes a member, agent, officer,
or employee of the agency acting within the scope of his or her
membership, agency, office, or employment.
This section, however, shall not apply to disclosures:
(a) Made pursuant to the Information Practices Act (commencing
with Section 1798 of the Civil Code) or discovery proceedings.
(b) Made through other legal proceedings or as otherwise required
by law.
(c) Within the scope of disclosure of a statute which limits
disclosure of specified writings to certain purposes.
(d) Not required by law, and prohibited by formal action of an
elected legislative body of the local agency which retains the
writings.
(e) Made to any governmental agency which agrees to treat the
disclosed material as confidential. Only persons authorized in
writing by the person in charge of the agency shall be permitted to
obtain the information. Any information obtained by the agency shall
only be used for purposes which are consistent with existing law.
(f) Of records relating to a financial institution or an affiliate
thereof, if the disclosures are made to the financial institution or
affiliate by a state agency responsible for the regulation or
supervision of the financial institution or affiliate.
(g) Of records relating to any person that is subject to the
jurisdiction of the Department of Corporations, if the disclosures
are made to the person that is the subject of the records for the
purpose of corrective action by that person, or if a corporation, to
an officer, director, or other key personnel of the corporation for
the purpose of corrective action, or to any other person to the
extent necessary to obtain information from that person for the
purpose of an investigation by the Department of Corporations.
(h) Made by the Commissioner of Financial Institutions under
Section 280, 282, 8009, or 18396 of the Financial Code.
(i) Of records relating to any person that is subject to the
jurisdiction of the Department of Managed Health Care, if the
disclosures are made to the person that is the subject of the records
for the purpose of corrective action by that person, or if a
corporation, to an officer, director, or other key personnel of the
corporation for the purpose of corrective action, or to any other
person to the extent necessary to obtain information from that person
for the purpose of an investigation by the Department of Managed
Health Care.
6254.6. Whenever a city and county or a joint powers agency,
pursuant to a mandatory statute or charter provision to collect
private industry wage data for salary setting purposes, or a contract
entered to implement that mandate, is provided this data by the
federal Bureau of Labor Statistics on the basis that the identity of
private industry employers shall remain confidential, the identity of
the employers shall not be open to the public or be admitted as
evidence in any action or special proceeding.
6254.7. (a) All information, analyses, plans, or specifications
that disclose the nature, extent, quantity, or degree of air
contaminants or other pollution which any article, machine,
equipment, or other contrivance will produce, which any air pollution
control district or air quality management district, or any other
state or local agency or district, requires any applicant to provide
before the applicant builds, erects, alters, replaces, operates,
sells, rents, or uses the article, machine, equipment, or other
contrivance, are public records.
(b) All air or other pollution monitoring data, including data
compiled from stationary sources, are public records.
(c) All records of notices and orders directed to the owner of any
building of violations of housing or building codes, ordinances,
statutes, or regulations which constitute violations of standards
provided in Section 1941.1 of the Civil Code, and records of
subsequent action with respect to those notices and orders, are
public records.
(d) Except as otherwise provided in subdivision (e) and Chapter 3
(commencing with Section 99150) of Part 65 of the Education Code,
trade secrets are not public records under this section. "Trade
secrets," as used in this section, may include, but are not limited
to, any formula, plan, pattern, process, tool, mechanism, compound,
procedure, production data, or compilation of information which is
not patented, which is known only to certain individuals within a
commercial concern who are using it to fabricate, produce, or
compound an article of trade or a service having commercial value and
which gives its user an opportunity to obtain a business advantage
over competitors who do not know or use it.
(e) Notwithstanding any other provision of law, all air pollution
emission data, including those emission data which constitute trade
secrets as defined in subdivision (d), are public records. Data used
to calculate emission data are not emission data for the purposes of
this subdivision and data which constitute trade secrets and which
are used to calculate emission data are not public records.
(f) Data used to calculate the costs of obtaining emissions
offsets are not public records. At the time that an air pollution
control district or air quality management district issues a permit
to construct to an applicant who is required to obtain offsets
pursuant to district rules and regulations, data obtained from the
applicant consisting of the year the offset transaction occurred, the
amount of offsets purchased, by pollutant, and the total cost, by
pollutant, of the offsets purchased is a public record. If an
application is denied, the data shall not be a public record.
6254.8. Every employment contract between a state or local agency
and any public official or public employee is a public record which
is not subject to the provisions of Sections 6254 and 6255.
6254.9. (a) Computer software developed by a state or local agency
is not itself a public record under this chapter. The agency may
sell, lease, or license the software for commercial or noncommercial
use.
(b) As used in this section, "computer software" includes computer
mapping systems, computer programs, and computer graphics systems.
(c) This section shall not be construed to create an implied
warranty on the part of the State of California or any local agency
for errors, omissions, or other defects in any computer software as
provided pursuant to this section.
(d) Nothing in this section is intended to affect the public
record status of information merely because it is stored in a
computer. Public records stored in a computer shall be disclosed as
required by this chapter.
(e) Nothing in this section is intended to limit any copyright
protections.
6254.10. Nothing in this chapter requires disclosure of records
that relate to archaeological site information and reports maintained
by, or in the possession of, the Department of Parks and Recreation,
the State Historical Resources Commission, the State Lands
Commission, the Native American Heritage Commission, another state
agency, or a local agency, including the records that the agency
obtains through a consultation process between a California Native
American tribe and a state or local agency.
6254.11. Nothing in this chapter requires the disclosure of records
that relate to volatile organic compounds or chemical substances
information received or compiled by an air pollution control officer
pursuant to Section 42303.2 of the Health and Safety Code.
6254.12. Any information reported to the North American Securities
Administrators Association/National Association of Securities Dealers'
Central Registration Depository and compiled as disciplinary records
which are made available to the Department of Corporations through a
computer system, shall constitute a public record. Notwithstanding
any other provision of law, the Department of Corporations may
disclose that information and the current license status and the year
of issuance of the license of a broker-dealer upon written or oral
request pursuant to Section 25247 of the Corporations Code.
6254.13. Notwithstanding Section 6254, upon the request of any
Member of the Legislature or upon request of the Governor or his or
her designee, test questions or materials that would be used to
administer an examination and are provided by the State Department of
Education and administered as part of a statewide testing program of
pupils enrolled in the public schools shall be disclosed to the
requester. These questions or materials may not include an individual
examination that has been administered to a pupil and scored. The
requester may not take physical possession of the questions or
materials, but may view the questions or materials at a location
selected by the department. Upon viewing this information, the
requester shall keep the materials that he or she has seen
confidential.
6254.14. (a) (1) Except as provided in Sections 6254 and 6254.7,
nothing in this chapter shall be construed to require disclosure of
records of the Department of Corrections and Rehabilitation that
relate to health care services contract negotiations, and that reveal
the deliberative processes, discussions, communications, or any
other portion of the negotiations, including, but not limited to,
records related to those negotiations such as meeting minutes,
research, work product, theories, or strategy of the department, or
its staff, or members of the California Medical Assistance
Commission, or its staff, who act in consultation with, or on behalf
of, the department.
(2) Except for the portion of a contract that contains the rates
of payment, contracts for health services entered into by the
Department of Corrections and Rehabilitation or the California
Medical Assistance Commission on or after July 1, 1993, shall be open
to inspection one year after they are fully executed. In the event
that a contract for health services that is entered into prior to
July 1, 1993, is amended on or after July 1, 1993, the amendment,
except for any portion containing rates of payment, shall be open to
inspection one year after it is fully executed.
(3) Three years after a contract or amendment is open to
inspection under this subdivision, the portion of the contract or
amendment containing the rates of payment shall be open to
inspection.
(4) Notwithstanding any other provision of law, including, but not
limited to, Section 1060 of the Evidence Code, the entire contract
or amendment shall be open to inspection by the Joint Legislative
Audit Committee, the California State Auditor's Office, and the
Legislative Analyst's Office. The Joint Legislative Audit Committee,
the California State Auditor's Office, and the Legislative Analyst's
Office shall maintain the confidentiality of the contracts and
amendments until the contract or amendment is fully open to
inspection by the public.
(5) It is the intent of the Legislature that confidentiality of
health care provider contracts, and of the contracting process as
provided in this subdivision, is intended to protect the competitive
nature of the negotiation process, and shall not affect public access
to other information relating to the delivery of health care
services.
(b) The inspection authority and confidentiality requirements
established in subdivisions (q), (v), and (y) of Section 6254 for the
Legislative Audit Committee shall also apply to the California State
Auditor's Office and the Legislative Analyst's Office.
6254.15. Nothing in this chapter shall be construed to require the
disclosure of records that are any of the following: corporate
financial records, corporate proprietary information including trade
secrets, and information relating to siting within the state
furnished to a government agency by a private company for the purpose
of permitting the agency to work with the company in retaining,
locating, or expanding a facility within California. Except as
provided below, incentives offered by state or local government
agencies, if any, shall be disclosed upon communication to the agency
or the public of a decision to stay, locate, relocate, or expand, by
a company, or upon application by that company to a governmental
agency for a general plan amendment, rezone, use permit, building
permit, or any other permit, whichever occurs first.
The agency shall delete, prior to disclosure to the public,
information that is exempt pursuant to this section from any record
describing state or local incentives offered by an agency to a
private business to retain, locate, relocate, or expand the business
within California.
6254.16. Nothing in this chapter shall be construed to require the
disclosure of the name, credit history, utility usage data, home
address, or telephone number of utility customers of local agencies,
except that disclosure of name, utility usage data, and the home
address of utility customers of local agencies shall be made
available upon request as follows:
(a) To an agent or authorized family member of the person to whom
the information pertains.
(b) To an officer or employee of another governmental agency when
necessary for the performance of its official duties.
(c) Upon court order or the request of a law enforcement agency
relative to an ongoing investigation.
(d) Upon determination by the local agency that the utility
customer who is the subject of the request has used utility services
in a manner inconsistent with applicable local utility usage
policies.
(e) Upon determination by the local agency that the utility
customer who is the subject of the request is an elected or appointed
official with authority to determine the utility usage policies of
the local agency, provided that the home address of an appointed
official shall not be disclosed without his or her consent.
(f) Upon determination by the local agency that the public
interest in disclosure of the information clearly outweighs the
public interest in nondisclosure.
6254.17. (a) Nothing in this chapter shall be construed to require
disclosure of records of the California Victim Compensation and
Government Claims Board that relate to a request for assistance under
Article 1 (commencing with Section 13950) of Chapter 5 of Part 4 of
Division 3 of Title 2.
(b) This section shall not apply to a disclosure of the following
information, if no information is disclosed that connects the
information to a specific victim, derivative victim, or applicant
under Article 1 (commencing with Section 13950) of Chapter 5 of Part
4 of Division 3 of Title 2:
(1) The amount of money paid to a specific provider of services.
(2) Summary data concerning the types of crimes for which
assistance is provided.
6254.18. (a) Nothing in this chapter shall be construed to require
disclosure of any personal information received, collected, or
compiled by a public agency regarding the employees, volunteers,
board members, owners, partners, officers, or contractors of a
reproductive health services facility who have notified the public
agency pursuant to subdivision (d) if the personal information is
contained in a document that relates to the facility.
(b) For purposes of this section, the following terms have the
following meanings:
(1) "Contractor" means an individual or entity that contracts with
a reproductive health services facility for services related to
patient care.
(2) "Personal information" means the following information related
to an individual that is maintained by a public agency: social
security number, physical description, home address, home telephone
number, statements of personal worth or personal financial data filed
pursuant to subdivision (n) of Section 6254, personal medical
history, employment history, electronic mail address, and information
that reveals any electronic network location or identity.
(3) "Public agency" means all of the following:
(A) The State Department of Health Care Services.
(B) The Department of Consumer Affairs.
(C) The Department of Managed Health Care.
(D) The State Department of Public Health.
(4) "Reproductive health services facility" means the office of a
licensed physician and surgeon whose specialty is family practice,
obstetrics, or gynecology, or a licensed clinic, where at least 50
percent of the patients of the physician or the clinic are provided
with family planning or abortion services.
(c) Any person may institute proceedings for injunctive or
declarative relief or writ of mandate in any court of competent
jurisdiction to obtain access to employment history information
pursuant to Sections 6258 and 6259. If the court finds, based on the
facts of a particular case, that the public interest served by
disclosure of employment history information clearly outweighs the
public interest served by not disclosing the information, the court
shall order the officer or person charged with withholding the
information to disclose employment history information or show cause
why he or she should not do so pursuant to Section 6259.
(d) In order for this section to apply to an individual who is an
employee, volunteer, board member, officer, or contractor of a
reproductive health services facility, the individual shall notify
the public agency to which his or her personal information is being
submitted or has been submitted that he or she falls within the
application of this section. The reproductive health services
facility shall retain a copy of all notifications submitted pursuant
to this section. This notification shall be valid if it complies with
all of the following:
(1) Is on the official letterhead of the facility.
(2) Is clearly separate from any other language present on the
same page and is executed by a signature that serves no other purpose
than to execute the notification.
(3) Is signed and dated by both of the following:
(A) The individual whose information is being submitted.
(B) The executive officer or his or her designee of the
reproductive health services facility.
(e) The privacy protections for personal information authorized
pursuant to this section shall be effective from the time of
notification pursuant to subdivision (d) until either one of the
following occurs:
(1) Six months after the date of separation from a reproductive
health services facility for an individual who has served for not
more than one year as an employee, contractor, volunteer, board
member, or officer of the reproductive health services facility.
(2) One year after the date of separation from a reproductive
health services facility for an individual who has served for more
than one year as an employee, contractor, volunteer, board member, or
officer of the reproductive health services facility.
(f) Within 90 days of separation of an employee, contractor,
volunteer, board member, or officer of the reproductive health
services facility who has provided notice to a public agency pursuant
to subdivision (c), the facility shall provide notice of the
separation to the relevant agency or agencies.
(g) Nothing in this section shall prevent the disclosure by a
government agency of data regarding age, race, ethnicity, national
origin, or gender of individuals whose personal information is
protected pursuant to this section, so long as the data contains no
individually identifiable information.
6254.19. Nothing in this chapter shall be construed to require the
disclosure of an information security record of a public agency, if,
on the facts of the particular case, disclosure of that record would
reveal vulnerabilities to, or otherwise increase the potential for an
attack on, an information technology system of a public agency.
Nothing in this section shall be construed to limit public disclosure
of records stored within an information technology system of a
public agency that are not otherwise exempt from disclosure pursuant
to this chapter or any other provision of law.
6254.20. Nothing in this chapter shall be construed to require the
disclosure of records that relate to electronically collected
personal information, as defined by Section 11015.5, received,
collected, or compiled by a state agency.
6254.21. (a) No state or local agency shall post the home address
or telephone number of any elected or appointed official on the
Internet without first obtaining the written permission of that
individual.
(b) No person shall knowingly post the home address or telephone
number of any elected or appointed official, or of the official's
residing spouse or child, on the Internet knowing that person is an
elected or appointed official and intending to cause imminent great
bodily harm that is likely to occur or threatening to cause imminent
great bodily harm to that individual. A violation of this subdivision
is a misdemeanor. A violation of this subdivision that leads to the
bodily injury of the official, or his or her residing spouse or
child, is a misdemeanor or a felony.
(c) (1) (A) No person, business, or association shall publicly
post or publicly display on the Internet the home address or
telephone number of any elected or appointed official if that
official has made a written demand of that person, business, or
association to not disclose his or her home address or telephone
number.
(B) A written demand made under this paragraph by a state
constitutional officer, a mayor, or a Member of the Legislature, a
city council, or a board of supervisors shall include a statement
describing a threat or fear for the safety of that official or of any
person residing at the official's home address.
(C) A written demand made under this paragraph by an elected
official shall be effective for four years, regardless of whether or
not the official's term has expired prior to the end of the four-year
period.
(D) (i) A person, business, or association that receives the
written demand of an elected or appointed official pursuant to this
paragraph shall remove the official's home address or telephone
number from public display on the Internet, including information
provided to cellular telephone applications, within 48 hours of
delivery of the written demand, and shall continue to ensure that
this information is not reposted on the same Internet Web site,
subsidiary site, or any other Internet Web site maintained by the
recipient of the written demand.
(ii) After receiving the elected or appointed official's written
demand, the person, business, or association shall not transfer the
appointed or elected official's home address or telephone number to
any other person, business, or association through any other medium.
(iii) Clause (ii) shall not be deemed to prohibit a telephone
corporation, as defined in Section 234 of the Public Utilities Code,
or its affiliate, from transferring the elected or appointed official'
s home address or telephone number to any person, business, or
association, if the transfer is authorized by federal or state law,
regulation, order, or tariff, or necessary in the event of an
emergency, or to collect a debt owed by the elected or appointed
official to the telephone corporation or its affiliate.
(E) For purposes of this paragraph, "publicly post" or "publicly
display" means to intentionally communicate or otherwise make
available to the general public.
(2) An official whose home address or telephone number is made
public as a result of a violation of paragraph (1) may bring an
action seeking injunctive or declarative relief in any court of
competent jurisdiction. If a court finds that a violation has
occurred, it may grant injunctive or declarative relief and shall
award the official court costs and reasonable attorney's fees. A fine
not exceeding one thousand dollars ($1,000) may be imposed for a
violation of the court's order for an injunction or declarative
relief obtained pursuant to this paragraph.
(3) An elected or appointed official may designate in writing the
official's employer, a related governmental entity, or any voluntary
professional association of similar officials to act, on behalf of
that official, as that official's agent with regard to making a
written demand pursuant to this section. A written demand made by an
agent pursuant to this paragraph shall include a statement describing
a threat or fear for the safety of that official or of any person
residing at the official's home address.
(d) (1) No person, business, or association shall solicit, sell,
or trade on the Internet the home address or telephone number of an
elected or appointed official with the intent to cause imminent great
bodily harm to the official or to any person residing at the
official's home address.
(2) Notwithstanding any other law, an official whose home address
or telephone number is solicited, sold, or traded in violation of
paragraph (1) may bring an action in any court of competent
jurisdiction. If a jury or court finds that a violation has occurred,
it shall award damages to that official in an amount up to a maximum
of three times the actual damages but in no case less than four
thousand dollars ($4,000).
(e) An interactive computer service or access software provider,
as defined in Section 230(f) of Title 47 of the United States Code,
shall not be liable under this section unless the service or provider
intends to abet or cause imminent great bodily harm that is likely
to occur or threatens to cause imminent great bodily harm to an
elected or appointed official.
(f) For purposes of this section, "elected or appointed official"
includes, but is not limited to, all of the following:
(1) State constitutional officers.
(2) Members of the Legislature.
(3) Judges and court commissioners.
(4) District attorneys.
(5) Public defenders.
(6) Members of a city council.
(7) Members of a board of supervisors.
(8) Appointees of the Governor.
(9) Appointees of the Legislature.
(10) Mayors.
(11) City attorneys.
(12) Police chiefs and sheriffs.
(13) A public safety official, as defined in Section 6254.24.
(14) State administrative law judges.
(15) Federal judges and federal defenders.
(16) Members of the United States Congress and appointees of the
President.
(g) Nothing in this section is intended to preclude punishment
instead under Sections 69, 76, or 422 of the Penal Code, or any other
provision of law.
6254.22. Nothing in this chapter or any other provision of law
shall require the disclosure of records of a health plan that is
licensed pursuant to the Knox-Keene Health Care Service Plan Act of
1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the
Health and Safety Code) and that is governed by a county board of
supervisors, whether paper records, records maintained in the
management information system, or records in any other form, that
relate to provider rate or payment determinations, allocation or
distribution methodologies for provider payments, formulae or
calculations for these payments, and contract negotiations with
providers of health care for alternative rates for a period of three
years after the contract is fully executed. The transmission of the
records, or the information contained therein in an alternative form,
to the board of supervisors shall not constitute a waiver of
exemption from disclosure, and the records and information once
transmitted to the board of supervisors shall be subject to this same
exemption. The provisions of this section shall not prevent access
to any records by the Joint Legislative Audit Committee in the
exercise of its powers pursuant to Article 1 (commencing with Section
10500) of Chapter 4 of Part 2 of Division 2 of Title 2. The
provisions of this section also shall not prevent access to any
records by the Department of Corporations in the exercise of its
powers pursuant to Article 1 (commencing with Section 1340) of
Chapter 2.2 of Division 2 of the Health and Safety Code.
6254.23. Nothing in this chapter or any other provision of law
shall require the disclosure of a risk assessment or railroad
infrastructure protection program filed with the Public Utilities
Commission, the Director of Homeland Security, and the Office of
Emergency Services pursuant to Article 7.3 (commencing with Section
7665) of Chapter 1 of Division 4 of the Public Utilities Code.
6254.24. As used in this chapter, "public safety official" means
the following parties, whether active or retired:
(a) A peace officer as defined in Sections 830 to 830.65,
inclusive, of the Penal Code, or a person who is not a peace officer,
but may exercise the powers of arrest during the course and within
the scope of their employment pursuant to Section 830.7 of the Penal
Code.
(b) A public officer or other person listed in Sections 1808.2 and
1808.6 of the Vehicle Code.
(c) An "elected or appointed official" as defined in subdivision
(f) of Section 6254.21.
(d) An attorney employed by the Department of Justice, the State
Public Defender, or a county office of the district attorney or
public defender, the United States Attorney, or the Federal Public
Defender.
(e) A city attorney and an attorney who represent cities in
criminal matters.
(f) An employee of the Department of Corrections and
Rehabilitation who supervises inmates or is required to have a
prisoner in his or her care or custody.
(g) A sworn or nonsworn employee who supervises inmates in a city
police department, a county sheriff's office, the Department of the
California Highway Patrol, federal, state, or a local detention
facility, and a local juvenile hall, camp, ranch, or home, and a
probation officer as defined in Section 830.5 of the Penal Code.
(h) A federal prosecutor, a federal criminal investigator, and a
National Park Service Ranger working in California.
(i) The surviving spouse or child of a peace officer defined in
Section 830 of the Penal Code, if the peace officer died in the line
of duty.
(j) State and federal judges and court commissioners.
(k) An employee of the Attorney General, a district attorney, or a
public defender who submits verification from the Attorney General,
district attorney, or public defender that the employee represents
the Attorney General, district attorney, or public defender in
matters that routinely place that employee in personal contact with
persons under investigation for, charged with, or convicted of,
committing criminal acts.
(l) A nonsworn employee of the Department of Justice or a police
department or sheriff's office that, in the course of his or her
employment, is responsible for collecting, documenting, and
preserving physical evidence at crime scenes, testifying in court as
an expert witness, and other technical duties, and a nonsworn
employee that, in the course of his or her employment, performs a
variety of standardized and advanced laboratory procedures in the
examination of physical crime evidence, determines their results, and
provides expert testimony in court.
6254.25. Nothing in this chapter or any other provision of law
shall require the disclosure of a memorandum submitted to a state
body or to the legislative body of a local agency by its legal
counsel pursuant to subdivision (q) of Section 11126 or Section
54956.9 until the pending litigation has been finally adjudicated or
otherwise settled. The memorandum shall be protected by the attorney
work-product privilege until the pending litigation has been finally
adjudicated or otherwise settled.
6254.26. (a) Notwithstanding any provision of this chapter or other
law, the following records regarding alternative investments in
which public investment funds invest shall not be subject to
disclosure pursuant to this chapter, unless the information has
already been publicly released by the keeper of the information:
(1) Due diligence materials that are proprietary to the public
investment fund or the alternative investment vehicle.
(2) Quarterly and annual financial statements of alternative
investment vehicles.
(3) Meeting materials of alternative investment vehicles.
(4) Records containing information regarding the portfolio
positions in which alternative investment funds invest.
(5) Capital call and distribution notices.
(6) Alternative investment agreements and all related documents.
(b) Notwithstanding subdivision (a), the following information
contained in records described in subdivision (a) regarding
alternative investments in which public investment funds invest shall
be subject to disclosure pursuant to this chapter and shall not be
considered a trade secret exempt from disclosure:
(1) The name, address, and vintage year of each alternative
investment vehicle.
(2) The dollar amount of the commitment made to each alternative
investment vehicle by the public investment fund since inception.
(3) The dollar amount of cash contributions made by the public
investment fund to each alternative investment vehicle since
inception.
(4) The dollar amount, on a fiscal yearend basis, of cash
distributions received by the public investment fund from each
alternative investment vehicle.
(5) The dollar amount, on a fiscal yearend basis, of cash
distributions received by the public investment fund plus remaining
value of partnership assets attributable to the public investment
fund's investment in each alternative investment vehicle.
(6) The net internal rate of return of each alternative investment
vehicle since inception.
(7) The investment multiple of each alternative investment vehicle
since inception.
(8) The dollar amount of the total management fees and costs paid
on an annual fiscal yearend basis, by the public investment fund to
each alternative investment vehicle.
(9) The dollar amount of cash profit received by public investment
funds from each alternative investment vehicle on a fiscal year-end
basis.
(c) For purposes of this section, the following definitions shall
apply:
(1) "Alternative investment" means an investment in a private
equity fund, venture fund, hedge fund, or absolute return fund.
(2) "Alternative investment vehicle" means the limited
partnership, limited liability company, or similar legal structure
through which the public investment fund invests in portfolio
companies.
(3) "Portfolio positions" means individual portfolio investments
made by the alternative investment vehicles.
(4) "Public investment fund" means any public pension or
retirement system, and any public endowment or foundation.
6254.27. Nothing in this chapter shall be construed to require the
disclosure by a county recorder of any "official record" if a "public
record" version of that record is available pursuant to Article 3.5
(commencing with Section 27300) of Chapter 6 of Part 3 of Division 2
of Title 3.
6254.28. Nothing in this chapter shall be construed to require the
disclosure by a filing office of any "official record" if a "public
record" version of that record is available pursuant to Section
9526.5 of the Commercial Code.
6254.29. (a) It is the intent of the Legislature that, in order to
protect against the risk of identity theft, local agencies shall
redact social security numbers from records before disclosing them to
the public pursuant to this chapter.
(b) Nothing in this chapter shall be construed to require a local
agency to disclose a social security number.
(c) This section shall not apply to records maintained by a county
recorder.
6254.30. A state or local law enforcement agency shall not require
a victim of an incident, or an authorized representative thereof, to
show proof of the victim's legal presence in the United States in
order to obtain the information required to be disclosed by that law
enforcement agency pursuant to subdivision (f) of Section 6254.
However, if, for identification purposes, a state or local law
enforcement agency requires identification in order for a victim of
an incident, or an authorized representative thereof, to obtain that
information, the agency shall, at a minimum, accept a current driver'
s license or identification card issued by any state in the United
States, a current passport issued by the United States or a foreign
government with which the United States has a diplomatic
relationship, or a current Matricula Consular card.
6255. (a) The agency shall justify withholding any record by
demonstrating that the record in question is exempt under express
provisions of this chapter or that on the facts of the particular
case the public interest served by not disclosing the record clearly
outweighs the public interest served by disclosure of the record.
(b) A response to a written request for inspection or copies of
public records that includes a determination that the request is
denied, in whole or in part, shall be in writing.
6257.5. This chapter does not allow limitations on access to a
public record based upon the purpose for which the record is being
requested, if the record is otherwise subject to disclosure.
6258. Any person may institute proceedings for injunctive or
declarative relief or writ of mandate in any court of competent
jurisdiction to enforce his or her right to inspect or to receive a
copy of any public record or class of public records under this
chapter. The times for responsive pleadings and for hearings in these
proceedings shall be set by the judge of the court with the object
of securing a decision as to these matters at the earliest possible
time.
6259. (a) Whenever it is made to appear by verified petition to the
superior court of the county where the records or some part thereof
are situated that certain public records are being improperly
withheld from a member of the public, the court shall order the
officer or person charged with withholding the records to disclose
the public record or show cause why he or she should not do so. The
court shall decide the case after examining the record in camera, if
permitted by subdivision (b) of Section 915 of the Evidence Code,
papers filed by the parties and any oral argument and additional
evidence as the court may allow.
(b) If the court finds that the public official's decision to
refuse disclosure is not justified under Section 6254 or 6255, he or
she shall order the public official to make the record public. If the
judge determines that the public official was justified in refusing
to make the record public, he or she shall return the item to the
public official without disclosing its content with an order
supporting the decision refusing disclosure.
(c) In an action filed on or after January 1, 1991, an order of
the court, either directing disclosure by a public official or
supporting the decision of the public official refusing disclosure,
is not a final judgment or order within the meaning of Section 904.1
of the Code of Civil Procedure from which an appeal may be taken, but
shall be immediately reviewable by petition to the appellate court
for the issuance of an extraordinary writ. Upon entry of any order
pursuant to this section, a party shall, in order to obtain review of
the order, file a petition within 20 days after service upon him or
her of a written notice of entry of the order, or within such further
time not exceeding an additional 20 days as the trial court may for
good cause allow. If the notice is served by mail, the period within
which to file the petition shall be increased by five days. A stay of
an order or judgment shall not be granted unless the petitioning
party demonstrates it will otherwise sustain irreparable damage and
probable success on the merits. Any person who fails to obey the
order of the court shall be cited to show cause why he or she is not
in contempt of court.
(d) The court shall award court costs and reasonable attorney fees
to the plaintiff should the plaintiff prevail in litigation filed
pursuant to this section. The costs and fees shall be paid by the
public agency of which the public official is a member or employee
and shall not become a personal liability of the public official. If
the court finds that the plaintiff's case is clearly frivolous, it
shall award court costs and reasonable attorney fees to the public
agency.
6260. The provisions of this chapter shall not be deemed in any
manner to affect the status of judicial records as it existed
immediately prior to the effective date of this section, nor to
affect the rights of litigants, including parties to administrative
proceedings, under the laws of discovery of this state, nor to limit
or impair any rights of discovery in a criminal case.
6261. Notwithstanding Section 6252, an itemized statement of the
total expenditures and disbursement of any agency provided for in
Article VI of the California Constitution shall be open for
inspection.
6262. The exemption of records of complaints to, or investigations
conducted by, any state or local agency for licensing purposes under
subdivision (f) of Section 6254 shall not apply when a request for
inspection of such records is made by a district attorney.
6263. A state or local agency shall allow an inspection or copying
of any public record or class of public records not exempted by this
chapter when requested by a district attorney.
6264. The district attorney may petition a court of competent
jurisdiction to require a state or local agency to allow him to
inspect or receive a copy of any public record or class of public
records not exempted by this chapter when the agency fails or refuses
to allow inspection or copying within 10 working days of a request.
The court may require a public agency to permit inspection or copying
by the district attorney unless the public interest or good cause in
withholding such records clearly outweighs the public interest in
disclosure.
6265. Disclosure of records to a district attorney under the
provisions of this chapter shall effect no change in the status of
the records under any other provision of law.
6267. All patron use records of any library which is in whole or in
part supported by public funds shall remain confidential and shall
not be disclosed by a public agency, or private actor that maintains
or stores patron use records on behalf of a public agency, to any
person, local agency, or state agency except as follows:
(a) By a person acting within the scope of his or her duties
within the administration of the library.
(b) By a person authorized, in writing, by the individual to whom
the records pertain, to inspect the records.
(c) By order of the appropriate superior court.
As used in this section, the term "patron use records" includes
the following:
(1) Any written or electronic record, that is used to identify the
patron, including, but not limited to, a patron's name, address,
telephone number, or e-mail address, that a library patron provides
in order to become eligible to borrow or use books and other
materials.
(2) Any written record or electronic transaction that identifies a
patron's borrowing information or use of library information
resources, including, but not limited to, database search records,
borrowing records, class records, and any other personally
identifiable uses of library resources information requests, or
inquiries.
This section shall not apply to statistical reports of patron use
nor to records of fines collected by the library.
6268. Public records, as defined in Section 6252, in the custody or
control of the Governor when he or she leaves office, either
voluntarily or involuntarily, shall, as soon as is practical, be
transferred to the State Archives. Notwithstanding any other
provision of law, the Governor, by written instrument, the terms of
which shall be made public, may restrict public access to any of the
transferred public records, or any other writings he or she may
transfer, which have not already been made accessible to the public.
With respect to public records, public access, as otherwise provided
for by this chapter, shall not be restricted for a period greater
than 50 years or the death of the Governor, whichever is later, nor
shall there be any restriction whatsoever with respect to enrolled
bill files, press releases, speech files, or writings relating to
applications for clemency or extradition in cases which have been
closed for a period of at least 25 years. Subject to any restrictions
permitted by this section, the Secretary of State, as custodian of
the State Archives, shall make all such public records and other
writings available to the public as otherwise provided for in this
chapter.
Except as to enrolled bill files, press releases, speech files, or
writings relating to applications for clemency or extradition, this
section shall not apply to public records or other writings in the
direct custody or control of any Governor who held office between
1974 and 1988 at the time of leaving office, except to the extent
that that Governor may voluntarily transfer those records or other
writings to the State Archives.
Notwithstanding any other provision of law, the public records and
other writings of any Governor who held office between 1974 and 1988
may be transferred to any educational or research institution in
California provided that with respect to public records, public
access, as otherwise provided for by this chapter, shall not be
restricted for a period greater than 50 years or the death of the
Governor, whichever is later. No records or writings may be
transferred pursuant to this paragraph unless the institution
receiving them agrees to maintain, and does maintain, the materials
according to commonly accepted archival standards. No public records
transferred shall be destroyed by that institution without first
receiving the written approval of the Secretary of State, as
custodian of the State Archives, who may require that the records be
placed in the State Archives rather than being destroyed. An
institution receiving those records or writings shall allow the
Secretary of State, as custodian of the State Archives, to copy, at
state expense, and to make available to the public, any and all
public records, and inventories, indices, or finding aids relating to
those records, which the institution makes available to the public
generally. Copies of those records in the custody of the State
Archives shall be given the same legal effect as is given to the
originals.
6270. (a) Notwithstanding any other provision of law, no state or
local agency shall sell, exchange, furnish, or otherwise provide a
public record subject to disclosure pursuant to this chapter to a
private entity in a manner that prevents a state or local agency from
providing the record directly pursuant to this chapter. Nothing in
this section requires a state or local agency to use the State
Printer to print public records. Nothing in this section prevents the
destruction of records pursuant to law.
(b) This section shall not apply to contracts entered into prior
to January 1, 1996, between the County of Santa Clara and a private
entity for the provision of public records subject to disclosure
under this chapter.
