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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. 21 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. 22 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. 23