1996-148 - Approving Guidelines for Inspection Town RecordsRESOLUTION 1996-148
RESOLUTION OF THE TOWN OF COUNCIL OF THE TOWN OF LOS GATOS
APPROVING GUIDELINES FOR INSPECTING TOWN RECORDS
WHEREAS, the public records of the Town are a precious resource for all citizens; and
WHEREAS, the Town Clerk has been historically responsible for keeping and protecting
public records and making this information accessible to the general public; and
WHEREAS, an orderly process is necessary to make these documents available.
NOW, THEREFORE, BE IT RESOLVED, that the Town of Los Gatos adopt the
attached policy (Exhibit) regarding public access to Town documents.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 18th day of November, 1996 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Joanne Benjamin.
NAYS: None
ABSENT: None
TOWN OF LOS GATOS
GUIDELINES
FOR
INSPECTION OF TOWN RECORDS
CALIFORNIA PUBLIC RECORDS ACT
Marian V. Cosgrove
Los Gatos Town Clerk
August, 1996
�
Town Policy reaffirms current Government Code Section 6250 et seq. and restates the spirit
of open government law allowing citizens the right to access their government in a
cooperative, efficient, timely and cost effective manner.
FORWARD
Contained in this document are the Town of Los Gatos regulations relative to the
inspection of public records and the California Public Records Act, California Government
Code Section 6250 et seq.
In summary, the Act provides that:
Any person has a right to inspect any public record (GC 6253) and to receive
a copy of any identifiable public record upon request (GC 6256). A fee for
the cost of producing the copies may be established by the Town Council (GC
6257).
Exemption of particular records is prescribed in the Act (GC 6254).
The Town may adopt reasonable guidelines stating the procedures to follow
when making records available (GC 6253). (See Town Policy 1996 -XXX)
Public records are open for inspection at all times during Town office hours
(GC 6253).
If the request for records cannot be met, or if the custodian of the records
is asking for an extension of time, response must be made to the requestor
within 10 days stating the reasons therefor. The procedures for doing this
are outlined in Sections 6256 et seq of Government Code. (There is a
complete copy of California Government Code in the reference section of
the Los Gatos Public Library.)
Records subject to subpoena in lawsuits against the Town of Los Gatos should be reviewed
by the Town Attorney before being released.
Copies of this pamphlet are available from the Town Clerk's Office, 354 -6834.
Marian V. Cosgrove
Los Gatos Town Clerk
CONTENTS
Inspection of Public Records - Town Policy 1996 -xxx
California Public Records Act, Section 6250, et seq
6250
Legislative findings and declarations
6251
Short Title
6252
Definitions
6253
Public records open to inspection; time; guidelines and regulations governing procedure
6253.1
Adoption of requirements for greater access
62535
Initiative, referendum, recall petitions, deemed not public records; examination by
proponents
6253.6
Bilingual Ballot or ballot pamphlet requests not deemed public records
6254
Examination of particular records
6254.1
Disclosure of residence, mailing address or results of test competency to safely operate
motor vehicle
62545
Pesticide safety and efficacy information; public disclosure; limitations; procedures
625455
Memorandum from legal counsel to state body or local agency-, pending litigation
62543
State employee home address and phone number as public records; disclosure
6254.4
- Voter registration information; confidentiality
62545
_
Disclosure of public record; waiver of exemption; application of section
6254.6
Private industry wage data from federal bureau of labor statistics; identity of employers
6254.7
Air pollution data; public records; notices and orders to building owners; trade secrets
6254.8
- Employment contracts between state of local agency and public olflcial or employee; public
record
6254.9
- Computer software; status as public record; sale, lease, license authorized; limitations
6254.10
- Disclosure or archeological site information not required
6254.11
- Volatile organic compounds or chemical substances information
6254.12
- Broker- dealer license information; disciplinary records
6254.13
Statewide testing program; test questions or materials; disclosure to Member of Legislature
or Governor; confidentiality
6254.14
Health care services contract of the Corrections Department or the California Medical
Assistance Commission
6254.15
Information relating to retention, location, or expansion of corporate facilitywithin the state
6255
Justification for withholding of records
6256
Copies of records; determination on compliance with request; notice; reasons
6256.1
Extension of time for determination in unusual circumstance; notice
6256.2
Delay in access; prohibition; notification of denial; name of person responsible
6257
Request for copy; prompt availability; fee; reasonably segregable portion after deletion
of exempt portions
6258
Proceedings to enforce right to inspect or to receive copy of record
6259
Order of court; review; contempt; court costs and attorney fees
6260
Effect of chapter on prior rights and proceedings
6261
Itemized statement of total expenditures and disbursement of any agency
6262
Examination of records of complaints to, or investigations by, any state or local agency for
licensing purposes; inapplicability to district attorney
6263
District attorney-, inspection or copying of nonexempt public records
6264
Order to allow district attorney to inspect or copy records
6265
Disclosure of records to district attorney-, status of records
6267
Libraries supported by public funds; registration and circulation records; confidentiality;
exceptions
The foregoing relates to the California Public Records Act only. Other references to specific categories of records may be
found in various California and Federal statutes.
TOWN POLICY
TOWN OF LOS GATOS PROCEDURAL POLICY REGARDING PUBLIC RECORDS
The public records of the Town are a precious resource for all citizens that describe the history
and define the ongoing legal relationships among thousands of citizens. The Town Clerk has
historically been responsible for keeping and protecting the public record and making this
information accessible to the general public. The entire legislative history is available to staff
and public as an aid to the orderly functioning of Town business. Town records remain open and
accessible. It is available and fully indexed for easy retrieval and use by us all. Democratic
government is founded on the principle of open and honest information concerning the people's
business, and that principle is incorporated in this Town policy.
It is important to remember that the Town can only provide documents it has. if a citizen wants
the Town to create a document or study, that request should be addressed to either the Town
Manager or the Town Council. While requests which require little expense to produce can be
provided without charge, more difficult requests requiring substantial staff time will require a
charge which will not exceed the actual expense.
Inspection of Town records may be delayed or restricted when:
Town records are in use by other citizens or Town staff;
2. The space available for inspection is in use by other citizens;
A staff member is not available to facilitate the inspection of records;
4. A citizen is monopolizing records to the exclusion or detriment of other citizens
who wish to view them;
The requested records are stored in archives;
The requested records are voluminous and require assembly;
Portions of the records are confidential and require editing in order to provide the
public portions of the records;
8. Questions arise whether a document is confidential and are referred to the Town
Attorney for determination;
If access is delayed or restricted, Town staff will arrange for a convenient future time for
inspection. If access is denied, a written response to the request will be made.
It is a felony for any citizen without legal authorization to willfully remove, secrete, destroy,
mutilate, deface, alter, or falsify any public record of the Town. Government Code § 6201.
Government Code § 6254 describes records that are generally not open to public inspection. In
addition, the Town is prohibited by other provisions of Federal, State, and Town laws to make
certain documents or records available to the public, such as tax filings, criminal history, and
individual library usage.
Many public records are destroyed after a period of years. Therefore, while a record may have
existed in the past, it may no longer exist in Town files.
Any person may receive a copy of a public record upon request. Fees for providing copies are
charged in accordance with the attached fee schedule.
No one, other than an authorized Town employee, shall be allowed to remove a file or record
from the Town's record system. A request for records from the Clerk's Office by staff or a
citizen will be authorized by the Clerk or the Clerk's designee. Unspecific perusal of files will
not be permitted, and if research is requested of Town staff, a research fee will be charged in
accordance with the attached fee schedule.
The Town has many of its meetings on audiotape. Facilities are available for citizens to listen to
these tapes. Fees for providing copies will be charged in accordance with the attached schedule.
Some Town records are on microfiche or in an electronic or video medium. In most cases,
facilities for viewing these records are available. However, in other instances, special
arrangement may be necessary. Fees for providing copies will be charged in accordance with the
attached schedule.
No original Town document or file used in a court case will be allowed to be made a part of the
court's file. If the court requests a document to file, a certified copy will be provided.
The Town Clerk can certify copies of public records. In order to ensure accuracy, copies of
documents to be certified will only be made by Town staff. Fees for certification will be charged
in accordance with the attached fee schedule.
Copies of staff reports or other Town council or Board or Commission agenda materials will not
be released before the packets for the body have left Town Hall for delivery to the members of
the body.
The attached request/response form has been developed to facilitate handling of public records.
It is to be completed by all persons requesting copies of public records. if a request can be
handled in a reasonable time, the request will be met while citizen waits. if that is not feasible,
the request will be accepted, and the citizen contacted when the documents are available.
c1k:d16:records.mvc
TOWN OF LOS GATOS
OFFICE OF THE TOWN CLEF,
REQUEST FOR COPIES OF PUBLIC RECORDS
DATE OF REQUEST:
PLEASE PRINT:
TIME OF REQUEST:
ADDRESS CRY ZIP TELEPHONE NUMBER
I/We agree to pay the Town of Los Gatos for copies at the rate of ten cents ($.10) per page or the amount specified as per Town
Fee Schedules and stated below.
ESTIMATED COST: $ (This amount is an "estimate" only. Every effort will be made to stay within
this amount. If the amount varies greatly, we will telephone the above listed telephone number before
proceeding.)
SIGNATURE
• • • ••
I•LVf�7:•T�iF9��A
DATE OF DOCUMENT
FOR OFFICE USE ONLY
TIME PROMISED:
TIME REQUIRED:
RETENTION RESEARCH ANTICIPATED: YES I I NO [ I
IF UNABLE TO COMPLETE PROJECT, BRIEFLY STATE WHY:
TOTAL AMOUNT CHARGED:
TAPES: $
MICROFISCHE: $
[t'R
DATE
• N.. •. 71��.
STAFF INITIAL.:
STAFF INITIAL.
VALIDATE FORM
OFFICE OF THE TOWN CLEF
SERVICE FEES
*
GENERAL RECORDS (per page) (plus staff time)
$ .10
(All reports and studies will be made available for the actual cost of duplicating that report or study)
*
RESEARCH (per hour)
$ 30.00
*
TAPES ($ 650 each additional)
$ 10.00
*
ORDINANCES AND RESOLUTIONS
$ 4.00
*
CERTIFICATION OF DOCUMENTS
$ 1.00
*
CERTIFIED COPIES OF BIRTH CERTIFICATES (pre 1930's)
$ 12.00
*
TOWN MAP
$ 9.00
*
PUBLISHED DOCUMENTS
COST
• TOWN CODE
$150.00
• TOWN CODE SUPPLEMENTS (annual)
$100.00
• ZONING ORDINANCE
$ 4025
• ZONING ORDINANCE SUPPLEMENTS (annual)
$ 25.00
• SUBDIVISION ORDINANCE
$ 25.00
• SUBDIVISION ORDINANCE SUPPLEMENTS (annual)
$ 15.00
• GENERAL PLAN
$ 17.50
• DOWNTOWN SPECIFIC PLAN
$ 1035
• HILLSIDE SPECIFIC PLAN
$ 5.75
• ZONING MAPS (available in Planning Dept)
$ 8.00
• BLOSSOM HILL OPEN SPACE STUDY
$ 1350
• COMMERCIAL SPECIFIC PLAN REPORT
$ 1150
• ANNUAL FINANCIAL REPORT
$ 5.00
• ANNUAL BUDGET
$ 15.00
• CAPITAL IMPROVEMENT PLAN
$ 5.00
*
ADMINISTRATIVE TRANSCRIPTS
COST
*
SCHEDULE OF MEETINGS (mailed)
$ 6.00
*
COUNCIL AGENDAS (mailed)
$ 24.00
*
COUNCIL MINUTES AND AGENDAS (mailed)
$ 65.00
*
RETURNED CHECK FEE
$ 10.00
*
ELECTION FILING FEE
$ 25.00
*
NEIGHBORHOOD PARKING PERMIT FEE
$ 10.00
*
POLITICAL REFORM ACT LATE FILING FEE
$ 10.00
*
ADDRESS CHANGE FEE
$ 50.00
CALIFORNIA PUBLIC RECORDS ACT
(California Government Code §§ 6250 and following)
Sec. 6250. Legislative findings and declarations
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.
Sec. 6251. Short title
This chapter shall be known and may be cited as the California Public Records Act.
Sec. 6252. Definitions
As used in this chapter:
(a) "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.
(b) "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 nonprofit organizations
of local governmental agencies and officials which are supported solely by public funds.
(c) "Person" includes any natural person, corporation, partnership, limited liability
company, firm, or association.
(d) "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.
(e) "Writing" means handwriting, typewriting, printing, photostating, photographing,
and every other means of recording upon any form of communication or representation,
including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers,
maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards,
discs, drums, and other documents.
(f) "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.
Sec. 6253. Public records open to inspection; time; guidelines and regulations governing
procedure
(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. 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
Department of Transportation
Department of Real Estate
Department of Corrections
Department of the Youth Authority
Department of Justice
Department of Insurance
Department of Corporations
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 Services
Employment Development Department
State Department of Social Services
State Department of Mental Health
2
State Department of Developmental Services
State Department of Alcohol and Drug Abuse
Office of Statewide Health Planning and Development
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 Quality 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 Quality Management 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 subdivision (a).
Sec. 6253.1. Adoption of requirements for greater access
Except as otherwise prohibited by law, a state or local agency may adopt
requirements for itself which allow greater access to records than prescribed by the
minimum standards set forth in this chapter.
3
Sec. 6253.5. Initiative, referendum, recall petitions, and petitions for reorganization of
school districts or community college districts deemed not public records; examination by
proponents
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.
Sec. 6253.6. Bilingual ballot or ballot pamphlet requests not deemed public records
(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).
Sec. 6254. Exemption of particular records
Except as provided in Sections 6254.7 and 6254.13, nothing in this chapter shall be
construed to require disclosure of records that are any of the following:
(a) Preliminary drafts, notes, or interagency or intra - agency memoranda that are not
retained by the public agency in the ordinary course of business, provided that 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:
(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).
(1). (4) Information received in confidence by any state agency referred to in paragraph
(e) Geological and geophysical data, plant production data, and similar information
relating to utility systems development, or market or crop reports, which 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, 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, except that 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 (c) of Section 13960, 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 reflect the analysis or conclusions
of the investigating officer.
Other provisions of this subdivision notwithstanding, 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, 261, 264, 264.1, 273a, 273d, 273.5, 286, 288, 288a, 289, 422.6,
422.7, 422.75, or 646.9 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 by Section 220, 261, 264, 264.1, 273a, 273d, 286, 288, 288a, 289, 422.6, 422.7, 422.75,
or 646.9 of the Penal Code 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,
except that the address of the victim of any crime defined by Section 220, 261, 264, 264.1,
273a, 273d, 273.5, 286, 288, 288a, 289, 422.6, 422.7, 422.75, or 646.9 of the Penal Code shall
remain confidential. Address information obtained pursuant to this paragraph shall not be
used directly or indirectly 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.
(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 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.
0) 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.
(1) 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, provided that
public records shall not be transferred to the custody of the Governor's legal affairs
secretary to evade the disclosure provisions of this chapter.
6
(m) In the custody of or maintained by the Legislative Counsel, except those records
in the public data base 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 which 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 of Title 1, 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) Records of state agencies related to activities governed by Articles 2.6
(commencing with Section 14081), 2.8 (commencing with Section 14087.5), and 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.
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. In the event that 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.
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.
8
Notwithstanding any other provision of law, the entire contract or amendment shall
be open to inspection by the Joint Legislative Audit Committee. The Joint Legislative
Audit Committee 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 maintained by
the Native American Heritage Commission.
(s) A final accreditation report of the Joint Commission on Accreditation of
Hospitals that has been transmitted to the State Department of Health 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 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 or 11512 of the Insurance Code.
However, the record shall be open to inspection within one year after the contract is fully
executed.
(u) Information contained in applications for licenses to carry firearms issued
pursuant to Section 12050 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.
(v)(1) Records of the Major Risk Medical Insurance Program related to activities
governed by Part 6.3 (commencing with Section 12695), and Part 6.5 (commencing with
Section 12700), 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)(A) Except for the portion of a contract that contains the rates of payment,
contracts for health coverage entered into pursuant to Part 6.3 (commencing with Section
12695), or Part 6.5 (commencing with Section 12700), of Division 2 of the Insurance Code,
on or after July 1, 1991, shall be open to inspection one year after they have been fully
executed.
(B) In the event that a contract for health coverage 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 amendment
has been fully executed.
(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 provision of law, the entire contract or amendments
to a contract shall be open to inspection by the Joint Legislative Audit Committee. The
Joint Legislative Audit Committee shall maintain the confidentiality of the contracts and
amendments thereto, until the contract or amendments to a contract is open to inspection
pursuant to paragraph (3).
(w)(1) Records of the Major Risk Medical Insurance Program related to activities
governed by Chapter 14 (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 14 (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 provision of law, the entire contract or amendments
to a contract shall be open to inspection by the Joint Legislative Audit Committee. The
Joint Legislative Audit Committee shall maintain the confidentiality of the contracts and
amendments thereto, until the contract or amendments to a contract is 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 the Department 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.
Nothing in this section prevents any agency from opening its records concerning the
administration of the agency to public inspection, unless disclosure is otherwise prohibited
by law.
Nothing in this section prevents any health facility from disclosing to a certified
bargaining agent relevant financing information pursuant to Section 8 of the National
Labor Relations Act.
Sec. 6254.1. Disclosure of residence, mailing address or results of test for competency to
safely operate motor vehicle
(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.
10
(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.
Sec. 6254.2. Pesticide safety and efficacy information; public disclosure; limitations;
procedures
(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 employee or
agent specified in subdivision (h) and signs the affirmation specified in subdivision (h).
(b) The Director of Food and Agriculture, upon his or her initiative, or upon receipt
of a request pursuant to the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1) 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 the California
Public Records Act 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
11
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 of Food and Agriculture shall not knowingly disclose information
submitted 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 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 other 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 this
disclosure. To implement this subdivision, the director shall require the following
affirmation to be signed by the person who requests information pursuant to this section:
AFFIRMATION OF STATUS
This affirmation is required by Section 6254.2 of the Government Code.
I have requested access to information submitted by an applicant or registrant under
the California Food and Agricultural Code. I hereby affirm all of the following:
(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 engaged in the production, sale, or distribution
of pesticides in countries other than the United States or in other countries in addition to
the United States, or to the agents or employees of such a business or entity.
(2) I will not purposefully deliver or negligently cause the data to be delivered to
such a business or entity or its agents or employees.
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 Organization
Signature
Date Request No. Address
;vent, it you are requesting access on benalt of someone
than the organization or affiliation listed above.
(i) Notwithstanding any other provision of this section, the Director of Food and
Agriculture 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.
[F
0) 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.
(1) 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.
Sec. 6254.25. Memorandum from legal counsel to state body or local agency; pending
litigation
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.
Sec. 6254.3. State, school district and county office of education employees; home address
and phone number as public records; disclosure
(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.
13
(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.
Sec. 6254.4. Voter registration information; confidentiality
(a) The home address, telephone number, occupation, precinct number, and prior
registration information shown on the voter registration card for all registered voters is
confidential, and shall not be disclosed to any person, except pursuant to Section 615 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.
Sec. 6254.5. Disclosures of public records; waiver of exemptions; application of section
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.
14
(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 Superintendent of Banks under Section 1909 of the Financial Code
or by the Savings and Loan Commissioner under Section 8009 of the Financial Code or by
the Commissioner of Corporations under Section 18396 of the Financial Code.
Sec. 6254.6. Private industry wage data from federal bureau of labor statistics; identity
of employers; confidentiality
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.
Sec. 6254.7. Air pollution data; public records; notices and orders to building owners;
trade secrets; data used to calculate costs of obtaining emission offsets
(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.
is
(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.
Sec. 6254.8. Employment contracts between state or local agency and public official or
employee; public record
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.
Sec. 6254.9. Computer software; status as public record; sale, lease, or license authorized;
limitations
(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.
16
(e) Nothing in this section is intended to limit any copyright protections.
Sec. 6254.10. Disclosure of archeological site information not required
Nothing in this chapter requires disclosure of records that relate to archeological
site information maintained by the Department of Parks and Recreation, the State
Historical Resources Commission, or the State Lands Commission.
Sec. 6254.11. Volatile organic compounds or chemical substances information
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.
Sec. 6254.12. Broker - dealer license information; disciplinary records
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.
Sec. 6254.13. Statewide testing program; test questions or materials; disclosure to
Member of Legislature or Governor; confidentiality
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.
Sec. 6254.14. Health care services contract records of the Corrections Department or the
California Medical Assistance Commission
(a) 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 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
FIN
Medical Assistance Commission, or its staff, who act in consultation with, or on behalf of,
the department.
Except for the portion of a contract that contains the rates of payment, contracts
for health services entered into by the Department of Corrections 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.
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.
Notwithstanding any other provision of law, the entire contract or amendment shall
be open to inspection by the Joint Legislative Audit Committee and the Bureau of State
Audits. The Joint Legislative Audit Committee and the Bureau of State Audits shall
maintain the confidentiality of the contracts and amendments until the contract or
amendment is fully open to inspection by the public.
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 (w) of Section 6254 for the Legislative Audit Committee shall also
apply to the Bureau of State Audits.
Sec. 6254.15. Information relating to retention, location, or expansion of corporate facility
within the state; redaction
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.
18
Sec. 6255. Justification for withholding of records
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 making the record public clearly outweighs
the public interest served by disclosure of the record.
Sec. 6256. Copies of records; determination on compliance with request; notice; reasons
Any person may receive a copy of any identifiable public record or copy thereof.
Upon request, an exact copy shall be provided unless impracticable to do so. Computer
data shall be provided in a form determined by the agency.
Each agency, upon any request for a copy of records shall determine within 10 days
after the receipt of such request whether to comply with the request and shall immediately
notify the person making the request of such determination and the reasons therefor.
Sec. 6256.1. Extension of time for determination in unusual circumstances; notice _
In unusual circumstances, as specified in this section, the time limit prescribed in
Section 6256 may be extended by written notice by the head of the agency 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 such notice shall specify a date that would
result in an extension for more than 10 working days.
As used in this section "unusual circumstances" means, but only to the extent
reasonably necessary to the proper processing of the particular request:
(a) 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.
(b) The need to search for, collect, and appropriately examine a voluminous amount
of separate and distinct records which are demanded in a single request.
(c) The need for consultation, which shall be conducted with all practicable speed,
with another agency having a substantial interest in the determination of the request or
among two or more components of the agency having substantial subject matter interest
therein.
Sec. 6256.2. Delay in access; prohibition; notification of denial; name of person
responsible
Nothing in this chapter shall be construed to permit an agency to delay access for
purposes of inspecting public records. Any notification of denial of any request for records
shall set forth the names and titles or positions of each person responsible for the denial.
19
Sec. 6257. Request for copy; prompt availability; fee; reasonably segregable portion
after deletion of exempt portions
Except with respect to public records exempt by express provisions of law from
disclosure, each state or local agency, upon any request for a copy of records, which
reasonably describes an identifiable record, or information produced therefrom, shall make
the records promptly available to any person, upon payment of fees covering direct costs
of duplication, or a statutory fee, if applicable. Any reasonably segregable portion of a
record shall be provided to any person requesting such record after deletion of the portions
which are exempt by law.
Sec. 6258. Proceedings to enforce right to inspect or to receive copy of record
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.
Sec. 6259. Order of court; review; contempt; court costs and attorney fees
(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.
20
(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.
Sec. 6260. Effect of chapter on prior rights and proceedings
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.
Sec. 6261. Itemized statement of total expenditures and disbursement of any agency
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.
Sec. 6262. Exemption of records of complaints to, or investigations by, any state or local
agency for licensing purposes; application to district attorney
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.
Sec. 6263. District attorney; inspection or copying of nonexempt public records
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.
Sec. 6264. Order to allow district attorney to inspect or copy records
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.
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Sec. 6265. Disclosure of records to district attorney; status of records
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.
Sec. 6267. Libraries supported by public funds; registration and circulation records;
confidentiality; exceptions
All registration and circulation records of any library which is in whole or in part
supported by public funds shall remain confidential and shall not be disclosed 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 "registration records" includes any information which
a library requires a patron to provide in order to become eligible to borrow books and
other materials, and the term "circulation records" includes any information which identifies
the patrons borrowing particular books and other material.
This section shall not apply to statistical reports of registration and circulation nor
to records of fines collected by the library.
Sec. 6268. Public records in custody or control of governor leaving office; transfer to state
archives; restriction on public access; conditions
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.
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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.
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