HomeMy WebLinkAbout91-47 Establishing Regulations Under the CA PRARESOLUTION NO. 91-47
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF UKIAH ESTABLISHING REGULATIONS UNDER
THE CALIFORNIA PUBLIC RECORDS ACT.
WHEREAS:
1. The City of Ukiah is subject to the California Public
Records Act (Gov. Code § 6250 et seq.); and
2. The Public Records Act requires that the City make
public records in its possession available for public inspection
during the hours that the City government is open to the public;
and
3. Government Code section 6253 authorizes the City to
adopt regulations stating the procedures to be followed when
making its records available; and
4. Requests for public records are received by various of-
ficers and employees of the City in different departments; and
5. There is a substantial need in the City to provide a
uniform procedure for responding to public records requests to
insure that the City complies with the requirements of the Public
Records Act;
NOW, THEREFORE, BE IT RESOLVED that the following regula-
tions are adopted to implement the Public Records Act in the City
of Ukiah.
PROCEDURES FOR PUBLIC RECORDS ACT REQUESTS
1. Public Records Act applies in Ukiah.
Unless otherwise specifically provided by statute the rules~
contained herein govern the disclosure and copying of public
records in the City of Ukiah. The standards and definitions con-
tained in the California Public Records Act shall apply to these
regulations, unless otherwise specifically stated. A copy of the
public records act is attached hereto as Appendix I. Generally,
the Act requires that all public records shall be available for
inspection and copying, unless a document is excluded from the
disclosure requirement by a specific provision of the Act.
2. Procedure for requesting a public record.
a. Request to City Clerk or Director of Public Safety.
Ail requests for public records in the custody of the Police
or Fire Departments must be submitted to the Director of Public
Safety or his or her designee. Ail requests for other public
records must be submitted to the City Clerk. Together, the City
Clerk and the Director of Public Safety shall be referred to in
these regulations as "the Custodian [of Records] ." Requests can
be verbal or written. If a request is received by any other City
official or employee, the party making the request shall be
referred to the appropriate Custodian or the request shall be im-
mediately delivered to the appropriate Custodian. Ail requests,
whether verbal or written, shall describe the document or type of
document. The description must be sufficient to allow the iden-
tification of the document.
(1) Verbal requests.
The Custodian shall make a written record of every verbal
public records act request which shall include a general descrip-
tion of the document sought and the date when the request was
received by the Custodian. The Custodian shall maintain a file
of these records which shall additionally note the date when the
record was disclosed or copied and the charges for any furnished
copies. If disclosure was denied, the record shall reflect the
date when the applicant was so notified and the grounds for
denial, including the Public Records Act code section relied
upon.
(2) Written requests.
The Custodian shall stamp each written Public Records Act
request, indicating the date it was received. These documents
shall be filed with the record of verbal requests. A separate
record shall be prepared for written requests containing the in-
formation required under section 2a(1) of these-regulations.
b. Processing of request by Custodian.
(1) Routine requests.
Routine public records act requests that seek readily avail-
able records to which no exemption from disclosure could apply
shall be processed promptly. If administratively feasible, the
record or records shall be made available for inspection within
one working day of when the request is made. Copies shall be
furnished within one working day after payment of the required
fee, if administratively feasible.
(2) Non-routine requests.
(i) Requests to Public Safety.
Within two working days of receiving a non-routine request
(one involvin9 records that may be difficult to locate or to
which an exemption from disclosure may apply), the Director of
Public Safety or his or her designee shall submit a copy of the
request together with the department's comments thereon to the
City Attorney. If the record contains information of a personal
or confidential nature about specifically named individuals or
entities, the Custodian shall notify the individuals or entities
of the request if their addresses are reasonably available. Any
such notice shall state that any objections to disclosure must be
submitted to the City Attorney within two working days of the
date of the notice. Within two working days of receiving the
request and comments and any objections from individuals or en-
tities, the City Attorney shall advise the Director of Public
Safety whether the requested records are subject to disclosure.
If he determines that the document is exempt from disclosure, he
or she shall provide the Director with the grounds for nondis-
closure, including the Government Code or other reference relied
upon.
(ii) Requests to City Clerk.
Within two working days of receiving a non-routine request,
the City Clerk shall transmit a copy of the request to the City
Manager and the City Attorney. If the record contains informa-
tion of a personal or confidential nature about specifically
named individuals or entities, the Custodian shall notify the in-
dividuals or entities of the request if their addresses are
reasonably available. Any such notice shall state that any ob-
jections to disclosure must be submitted to the City Attorney
within two working days of the date of the notice. Within two
working days of receiving the copy from the City Clerk the City
Manager or his or her designee shall determine what department or
departments are concerned with the request and within that time
request the affected department or departments to comment upon
the request. Within two working days of receiving the request
for comments, the department shall deliver its comments to the
City Manager and City Attorney. Within two working days of
receiving the comments and any objections from individuals or en-
tities, the City Attorney shall advise the City Clerk whether theJ
document is subject to disclosure or whether it is exempt from
disclosure. If the City Attorney determines that the document
is exempt from disclosure, he or she shall provide the City Clerk
with the grounds for nondisclosure, including the Government Code
or other reference relied upon.
c. Procedure for responding to request.
(1) Time for response.
The Custodian shall respond to a request to examine or copy
a public record within ten days of receiving the request. In un-
usual circumstances the Custodian may extend the time for
responding to a public records act request by up to ten addi-
tional working days. In the event of an extension the Custodian
shall notify the applicant of the extended date by which he or
she will respond to the request and of the reasons for the exten-
sion, which must be limited to one of the following:
i. The need to search for and collect the
requested records from locations outside of the Ukiah Civic
Center;
ii. The need to search for, collect, and ap-
propriately examine a voluminous amount of separate and distinct
records which are demanded in a single request, taking into con-
sideration the manpower resources of the City available to con-
duct the search; or
iii. The need for consultation, which shall
be conducted with all practicable speed, with another agency out-
side. of the City government having a substantial interest in the
determination of the request or among two or more departments
within the City having substantial subject matter interest
therein.
(2) Production of records.
If the requested documents are subject to disclosure, the
Cust'odian shall notify the party requesting the document or docu-
ments of the time and place where they may be examined, which
shall be within the time limits specified in section 2c(1). If
copies are requested, the Custodian shall also inform the party
requesting the document or documents of the total fee for the
copies requested. The documents shall be produced for inspection
at the time and place indicated in the notice. If copies are re-
quested, they shall be furnished upon payment of the required
fees.
(3) Denial of request.
If the Custodian in consultation with the City Manager and
City Attorney determines that the requested records are wholly or
partially exempt from disclosure, the Custodian shall so notify
the party requesting the records. The notice shall state the
grounds for non-disclosure and the section of the Government Code
relied upon. It shall state the names and titles of the City of-
ficials who participated in the decision. It shall inform the
party requesting the record or records that the decision is final
for the City.
If portions of a record or records~ are subject to disclosure
and other portions are exempt from disclosure, the Custodian
shall segregate or delete the exempt portions, if reasonably
feasible, and disclose the remaining documents or portions
thereof in accordance with section 2c(2).
(4) Records containing personal or confidential
information.
The Custodian shall notify any individual or entity which
has submitted objections to the disclosure of personal or con-
fidential information of the disposition of the Public Records
Act request. If any such document is disclosed or copied, the
notice shall provide the name of the party requesting the docu-
men t.
3. Fees.
Unless another fee is expressly authorized by statute, the
Custodian shall charge a fee of 20~_ per page for copies fur-
nished under these regulations. The ~City Council finds and
declares that the fee set forth in this section .covers the direct
costs of duplicating documents in the City of Ukiah.
PASSED AND ADOPTED this 20 day of March , 1991, by the follow-
ing roll call vote:
AYES: Counci]member$ McMichae]~,'wattenburger, Shoemaker, Schne]ter and Mayor Henderson
NOES: None
ABSENT: None
ATTEST~
xrl,lt'TI(N ()1: PL'BLIC RECORDS
·
) Chapter 3.5
INSPECTION OF PUBLIC RECORDS
',2:4.1.
,,2~4.25.
72~4.4.
:,'~4.5.
',2~4.8.
:,254.10.
~,254.11.
:,254.12.
t,255.
b2¢0.
~250.1.
~258.
~,258.5.
~,259.
,~2e~2.
:,203.
,,204.
Lcoislativc tindings and declarations.
-
Short ~itlc.
Definitions.
Public records open to inspection: time: guidelines and regulations govern-
in~ procedure.
Adoption of requirements for greater access.
Initiative, referendum, recall petitions, and petitions for reorganization of
school districts or community college districts deemed not public records:
examination by proponents.
Bilingual ballot or ballot pamphlet requests not deemed public records.
Exemption of particular records.
Disclosure of residence, mailing address or results of test for competency to
safely operate motor vehicle.
Pestici~te safety and efficacy information; public disclosure; limitations;
procedures.
Memorandum from legal counsel to state body or local agency; pending
litigation.
State~ school district and county office of education employees; home address
and phone number as public records: disclosure.
Voter registration information; confidentiality.
Disclosures of public record; waivers of exei-nption; agency; application of
section.
Private industry wage data from federal bureau of labor statistics; identity of
employers; {5onfidentialitv.
Air pollt]tion data; public 'records; notices and orders to building owners;
trade secrets: data used to calculate costs of obtaining emission offsets.
Employment contracts between state or local agency and public official or
empJoyee; public record.
Computer software; status as public record; sale, lease, or license autho-
rized: limitations.
Disclosure of archeological site information not required.
Volatile organic compounds or chemical substances information.
Broker-dea~er license information; disciplinary records.
Justification for withholding of records.
Copies of records; determination on compliance with request; notice; rea-
sons.
Extension of time for determination in unusual circumstances; notice.
Delay in access: prohibition; notification of denial; name of person responsi-
ble.
Request for copy; prompt availability; fee; reasonably segregable portion
after deletion of exempt portions.
Proceedings to enforce right to inspect or to receive copy of record.
Inoperative.
Order of court; review; contempt; court costs and attorney fees.
Effect of chapter on prior rights and proceedings.
Itemized statement of total expenditures and disbursement of any agency.
Exemption of records of complaints to, or investigations by, any state or local
agency for licensing purposes; application to district attorney.
District'attornev; inspection or copying of nonexempt public records.
Order to allow 'district attorney to inspect or copy records.
Disclosure of records to district attorney; status of records.
199
Section ~:~Title 1
6207. Librarius suppol'tcd bx public tunds: registration and circulation record.
cont'idcntialitv: exceptions. ,
6268. Public records ~in custody or control of governor leaving office; transfer t0
state archives; restriction on public access' conditions.
Chapter 3.5 was added by Slats. 1968, c. 1473, p. 2945, ~ 39.
Cross References
Attachment, delayed public disclosure, see Code of Civil Procedure ~ 482.050.
Automobile accident reports confidential, see Vehicle Code ~ 20012.
Campaign statements, inspection, see Government Code ~ 81008.
Department of Motor Vehicles, public inspection of records, see Vehicle Code ~ 1808 et seq.
Furnishing federal employer identification number or social security number for tax enforcement
purposes, see Business and Professions Code ~ 30; Insurance Code ~ 1666.5.
Geothermal resources records, see Public Resources Code ~ 3752.
Local rent controls, permissible rent levels as public record, see Civil Code ~ 1947.8.
Mining operation reports confidential, see Public Resources Code ~ 2207.
Oil and gas consen, ation records, see Public Resources Code ~ 3234.
Organic food producers, handlers, processors, and retailers, inspection of records, see Health ~d
Safety Code, } 26569.29.
Payroll records, inspection, see Labor Code ~ 1776.
Supplemental insurance information, exemption, see Insurance Code ~ 925.3.
Temporao' confidentiality of candidates' statements included in voter's pamphlet, notwithstanding
this act, see Electi~ns Code ~ 13311.
Trade secrets and confidential information, see Labor Code ~ 6322.
Trade secrets protection, hazardous substances information, see Labor Code ~ 6396.
Youth authority record disclosure, see Welfare and Institutions Code ~ 1764.
Code of Re~lations References
Air resources board, disclosure of confidential data, see 17 Cal. Code of Regs. ~ 91022.
Disclosure of energy commission records, see 20 Cal. Code of Regs. ~ 2501 et seq.
Disclosure of public records, see ~7 Cai. Code of Regs. ~ 91000 et seq.
Proprieta~ and other records exempt from disclosure recycling division, see 14 Cal. Code of Regs.
~ 2080. '
Law Review
Access to governmental information in Cali-
fornia. 54 Cal. L.Rev. 1650 (1966).
Brown Act or secret meeting law as affecting
public officer's privilege. Stanford D. Herlick
(1962) 37 S.Bar J. 548.
California supreme court survev a review of
decisions: July 1982-November 1~82. 10 Pep-
perdine L.Rev. 835 (1983).
DiscoveD' of governmental information. 10
U.C.Davis L.Rev. 367 (1977).
Environmental due diligence: How to ensure
compliance in real estate transactions. Patrick
W. Dennis and Clifton J. McFarland, 14
L.A.Law. 22 (Jan. 1992).
Governmental privileges: Roadblock to effec-
tive discovery. 7 U.S.F.L.Rev. 282 (1973).
Inadequacy of individual's present right to
prevent disclosure of criminal records. 19
UCLA L.Rev. 659 (1972).
Informational privacy and public records. 8
Commentaries
Inspection of public records under California
laxv. 50 Cal. L.Rev. 79 (1962).
Interagency information sharing: access to
public records--a legal vacuum. 9 Santa Clara
L.Rev. 301 (1969).
Limitation on right to inspect public records
privileged because of confidential character.
10 Cal. L.Rev. 346 (1922).
Need for disclosure in property tax proceed-
ings. Francis J. Cart (1965) 40 &Bar J. 794.
Organizations and administrative practice.
Gene Livingston, 26 Hastings L.J. 91 (1974).
Physician-patient privilege: Absent patient.
27 Hastings L.J. 99 (1975).
Right of citizen or organization of citizens to
inspect data concerning activity of state or mu-
nicipality regardless of character as public rec-
ords. 10 Cal. L.Rev. 346 (1922).
Secrecy and access to administrative records.
Pac. L.J. 25 (1977).
Albert G. Pickerell, 44 Cal. L.Rev. 305 (1956).
200
Note 13
:~.r ~:~r .~e ',..~,~ i~ffo~,~a~ion for any unau~o~z~ed purpose. Any ~olafion of ~is ~fion sh~l ~ a
.~ .~Icll~ eanor.
Added by S~;.1~5, c. ~6 tA.B.1374), ~ 1.)
~ 6165. Interagen~ a~men~
~e Depmment of Gene~ ~mces ~d s~ ~ncies sh~ e~r in~ in~nw a~men~ ~
reimbu~ ~e Depa~ment of ~ne~ Semces for i~ cos~ in en~ in~ ~n~c~ puget ~ ~
chapter.
(Added by Stats.1995, c. 92fi(A.B.1374), § 1.)
·
-" .... Chapter 3.5
INSPECTION OF PUBLIC RECORDS
Section
6253.7.
6254.
62542.
6254.4.
6254.5.
6254.5.
Contracts for gas transmission and stor-
age; exemption; considerations.
Exemption of particular records.
Pesticide safety and efficacy informa-
tion; public disclosure; limitations;
procedures.
Voter registration information; confi-
dentiality.
Disclosures of public records; waiver of
exemptions; application of section.
Disclosures of public records; waiver of
exemptions; application of section.
Section
6254.13. Statewide testing program; test ques-
tions or materials; disclosure to Mem-
ber of Legislature or Governor;, confi-
dentidity.
6254.14. Health care services contract records of
the Corrections Department or the
California Medical Assistance Com-
mission.
6254.15. Information relating to retention, loca-
tion, or expansion of corporate facility
within the state; redaction.
6270. Sale, exchange or otherwise providin.g
records subject to disclosure to pri-
vate entities; prohibition; exception.
California
marion obtained to
ment Code § 15372.89.
Cross References
Act, exemption for infor- Health care service
assessments, see Govern- Health and
.457.
§ 6250. Legislative
declarations
Notes of
2. Purpose
California Public Records Act (CPRA) was
verify accountability of government to public.
v. Superior Court (Press Enterprise Co.) (App. 4
1995) 44 Cal. Rptr2d 532, 37 Cal.App.4th 1411, modi-
fied on denial of rehearing, review denied.
§ 6252. Definitions
and
1996 Legislation limited
Legislative declaration of e. 57 (S.B.141), Notes under
§ 30, relating to zional services by a
~-ompany, see Historical and Statutory
'Civil Procedure § 699.720.
Notes of Decisions
perior Court (Argent Research & Ltd.) (App. 3
Person 13 Dist. 1996) 50 CaLRptrPxl 357, 42 1177, re-
view granted and cause 41, 917
13. P2d 1164, transferred to 56 Cal. Rptr2d 829.
Out of corporation was "person" entitled to re-
quest public records. Connell v. Sacramento County Su-
Additions or changes Indicated by underline; deletions by asterisks * * *
15
§ 6250
Librao' References
public Records Act of 1968. Re- Public records surxev.
Reports of Special
~)i thc Asscmbl\ Committee ()n State-
lldt)rn~ation Policy, 1970, p. 7. Vol.
Appendix to Journal of thc Assembly,
Rcg. Scss., 1970.
.~l~c-tions and right of privacy·
,)p.kcg.Counscl. Vol. I of Appendix to
l~)ttrnal ot tho Assembly, p. 46, 1970.
~,.,~,,)nal privacy in the computer age. Re-
o[' the A~scmblv Committee on State-
Information P61icv, 1970, p. 21. Vol.
Appendix to Jour~al of the Assembly,
:cg.Scss.. 1970.
Senate Committee on Government Adminis-
tration, 1955. Vol. 1 of Appendix to Jour-
nal of the Senate, Reg. Sess.. 1955.
West's California Handbook California Evi-
dence, Mendez, § 21.01.
West's California Practice California State
and Local Taxation, Lane, § 185.
West's California Practice~Familv Law Prac-
tice, Goddard, § 989.
West's California Practice Probate Court
Practice, Goddard, § 51.
6250. Legislative findings and declarations
In enacting this chapter,, the Legislature, mindful of the right of individuals to
l,t-ivacv, finds and declares that access to information concerning the conduct
thc 'people's business is a fundamental and necessa~ right of eve~ person in
tills state.
~.\ddcd by Stats.1968, c. 1473, p. 2946, § 39. Amended by Stats.1970, c. 575, p. 1150,
Historical and Statutory Notes
l'hc 1970 amendment substituted "person in"
~,t 'Titizen of" following "necessao' right of
,,
t'~ CI'V .
Cross References
l)tx cleaning plant registration, forms, see Government Code ~ 15372.14.
s~d~o~'dination of this chapter to provisions on pupil records, see Education Code ~ 49060.
Law Review Commentaries
Autonomy and accountability: The University
,,1 Califorr~ia and the state constitution. 38
ltastings L.J. 927 (19875.
California Public Records Act. 4 Golden
(,ate U.L.Rev. 203 (19745.
}-h)xv California governs the news media. Jon
lt. SSIvester, 26 Santa Glara L.Rev. 381 (19865.
Public interest and intimidation suits: A new
approach. Joseph J. Brecher, 28 Santa Clara
L.Rev. 105 (1988).
Supreme court of California, 1981-1982 fore-
word: Emerging court. Stephen R. Barnett, 71
Cal.L.Rev. 1134 (19835.
Library References
Records 0=30.
\\:ESTLAW Topic No. 326.
C.J.S. Records §§ 60, 62, 63, 65, 93, 95.
California Practice Guide:
CMl Appeals and Writs, Eisenberg, Horvitz
& Wiener, see Guide's Table of Statutes
for chapter paragraph number references
to paragraphs discussing this section.
Civil Trials and Evidence, Wegner, Fair-
bank, Epstein & Chernow, see Guide's
Table of Statutes for chapter paragraph
number references to paragraphs discuss-
ing this section.
201
5II S£' EI.LANEOUs
Title I
loop., U.S.N.Y. 1989, 110
107 L.Ed.2d 462, re-
884, 493 U.S. 1064,
ate Public Records Act
support for refusal to
ust be found, if at all,
ons to that general poli-
Iohnson v. Winter (App.
)tr. 585, 127 Cal.App.3d
tom of Information Act
q.) upon which it was
,olicv of the California
250 et seq.) favors dis-
(App. 3 Dist. 1976) 127
,p.3d 773.
t (§ 6250 et seq.) favors
n concerning the con-
mss. State, Division of
Court, for Los Angeles
74) 117 Cal. Rptr. 726,
crying confidential in-
importance interest of
ncc of considerations
City & County of San
ourt /1951) 38 Cal.2d
1 may be curtailed in
,ns or portions thereof
:ted into statutory law,
be prohibited. City &
:o v. Superior Court
~ P.2d 581.
s not require that rec-
urden on government
s there will be some
ith request, the only
u'den is so onerous as
interest in disclosure.
n v. Superior Court
sultants, Inc.) (App. 3
342, 10 Cal.App.4th
iNSI'E£;TION ¢)F I'L'BI.IC RECORDS § 6252
t)ix. 7
6251. Short title
This chapter s¼all bc known and may be cited as thc California Public
Rccorct~ Act.
,:\ddcd by Stats. 1908, c. 1473, p. 2946, § 39.)
Library References
£alito~nia Practice Guide' CMl Trials and chapter paragraph number references to
Evidence, Wegncr, Fairbank, Epstein & paragraphs discussing this section.
Chcl'noxv, sec Guide's Table of Statutes for
§ 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 char-
tered; city and county' school district; 'muniCipal corporation; district; politi-
cal subdivision; or any board, commission or agency thereof; other local
public agency; or nonprofit organizations of local governmental agencies and
officials whi~'h 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 busines} 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 JanuaD' 6, 1975.
(e) "Writing" means handwriting, typewriting, printing, photostating, photo-
graphing, and every other means of recording upon anv form of communica-
~.
tion or representation, including letters, words, pictures, sounds, or symbols, or
combination thereof, and all papers, maps, magnetic or paper tapes, photo-
graphic films and prints, magnetic or punched cards, discs, drums, and other
documents.
(f) "Member of the public" means anv person, except a member, agent,
officer, or emplovee of a federal, state, or'local agency acting within the scope
of his or her me~nbership, agency, office, or employment.
{Added by Stats. 1968, c. 1473, p. 2946, § 39. Amendedbv Stats.1970, c. 575, p. 1151,
§ 2; Sta~s.1975, c. 1246, p. 3209, § 2; Stats. 1981, c. 968'p. 3680, § 1' Stats. 1991, c.
181 (A.B.788), § 1' Stats. 1994, c. 1010 (S.B.2053), § 136.)
Historical and Statutory Notes
The 1970 amendment substituted "any writ- records"; and added subd. (e) the definition of
lng" tot "all papers, maps, magnetic or paper "Writing".
tapes, photographic films and prints, magnetic The 1975 amendment added the second sen-
or pun, ched cards, discs, drums, and other docu-
meres' in subd. (d) in the definition of "Public tence, relating to records in the custody of or
203
§ 6252
Note ~ 2
12. Jury commissioner, judicial records
.'~I ISCELLAXEolis
Title 1
[ · ·
v. Citx and C'otintx ol 3an Francisco (App ,
Dist. '19S4~ 19S Cai.Rp~. 489. 151 Cal.App~
258.
{} 6253. Public records open to inspection; time; guidelines and regulation,
governing procedure
(al Public records are open to inspection at ali times during the office hours
of the state or local aeencv and evetw person has a right to inspect any public
record, except as hereafter provided. Eve~ 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 anv person request.
ing that body's records:
Department of Motor Vehicles
Department of Consumer Affairs
Department of Transportation
Department
Department
Department
Department
Department
Department
Secretary of
of Real Estate
of Corrections
of the Youth Authority
of Justice
of Insurance
of Corporations
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
State Department of Developmental Services
State Department of Alcohol and Drug Abuse
Office of Statewide Health Planning and Development
Public Employees' Retirement System
206
,~ ~ l]i~\ ~,)l: t~'t'BLI(- REC()RI)~
§ 6253
l~ pxu~n~cnt ui Veterans Aifairs
~ xlitornia Coastal Commission
xlu~u XVa~cr Quality Comrol Board
xx,~ Francisco Bay Area Rapid Transit District
'Xll ,-u&onal water quality control boards
I.~ ~n~clcs County Air Pollution Control District
I~av Arc~ Mr Quality Management District
.
~' .iCh Gate Bridge. Highway and ~r~nsporm~io~ District
l>cpartmcnt of Toxic Substances Control
~)t'fic~ of Bnvironmental Health Hazard Assessment
lb) Guidelines and regulations adopted pursuant to this section shall bc
~mxistent with all other sections of this chapter and shall rc~cct thc intcntio~
,~t thu Legislature ~o make thc records accessible to thc public. The g.idcli~cs
a,~d ,-~gulatio~s ~dop~cd p.rs.am to this sc¢tio~ shall ~ot opcra~c to limit thc
I~ours public records arc open for i~spcction as prescribed in subdivision (a).
~,'Xddcd by Stats. 1968, c. 1473, p. ~946, ~ 39. Amended by Stats.l~7), c. 6~4, p. 1~15,
C I' Sta~s.l~?4, c. 544, p. 1249, ~ 7; Stats. 19?B, c. 957, p. ]140, ~ 6; Stats. 19??, c.
1~2, p. 4325, ~ ~, operative July 1, 1978; Stats. l~7~, c. ~7~, ~ I~0; Stats. 1983, c.
x2o. ~ 1' Stats. l~88, c. 40~, ~ 1' 6ov. Rcorg. Plan No. 1 of 1~1, ~ ?0, cfi. July 17,
19gl .)
Historical. and ~laluto~ ~ot~9
.~ enacted this section read: place at thc o[ficcs of such bodies by July 1,
1974, and a copy of such guidelines shall there-
after 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
"California Youth Authority
"Department of Justice
"Department of Insurance
"Department of Corporations
"Secretary. of State
"Air Resources Board
"Department of Water Resources
"Department of Parks and Recreation
"Bay Conservation and Development Corn-
lines shall be' posted dna conspicuous public mission
207
"Public records are open to inspection at all
limes during the office hours of the state or
It)cal a~encv and every citizen has a right to
inspect~any' public rec'ord, except as hereafter
provided. Every agency may adopt regulations
~tatin-~ the procedures' to 'be followed when
makir~ its records available in accordance with
this section."
The 1973 amendment rewrote the section to
t'cad:
"Ia/ Public records are open to inspection at
all times during the office hours of the state or
local a~encv and every citizen has a right to
mspect~any' public recbrd, except as hereafter
provided. Every agency may adopt regulations
~tatin~ the procedures' to 'be followed when
makir~ its records available in accordance with
this section.
"The following state and local bodies shall
establish written guidelines for accessibility of
records by July 1, 1974. A cop>' of these guide-
· ,,>I'I'.£ l ll)N I)]!: l'i b*l.l£' RE£()RI).";
~ ilcct a5 uilicial records in office board,
< ~ot open to public inspection. Runxon v.
%,:t~d oi Prison Terms and Paroles (App. 1938)
.~ t_al.App.2d 183, 79 P.2d 101.
71. Probation reporls
Ih~fl~ation officers' reports on adults are confi-
,:~tial documents until filed with clerk of court.
.Ytt at %uch time, become public writings, and,
t~ttdc~'C.C.P- ~ 1892 (repealed) and this section
,t~'c open to public inspection, however, data on
~hich Yeports are based remains confidential
jll~{ i, llot subject to public inspection. 24
i)ps. Atty.Gen. 219 (1954).
72. Pardon Boards' privileged or confidential
communications
.~ trial {udge's letter to the advisoo' pardon
b~,avd regarding an application for executive
~l~,mency is confidential and not open to public
inspection. I Ops.Atty. Gen. 144 (1943).
73. Custody of or possession of records
The fact that a writing is in the custody of a
public officer does not make it a "public rec-
,,rd". 25 Ops.Atty. Gen. 90 (1955).
74. Partial disclosure
Under Public Records Act, fact that public
~'ucord may contain some confidential inforrna-
~i,)n does 'not justify withholding entire docu-
ment. State Bd. ~f Equalization v. Superior
t~ourt (Associated Sales Tax Consultants, Inc.)
(App. 3 Dist. 1992) 13 Cal. Rptr.2d 342, 10 Cal.
:',pp.4th 1177, review denied.
75. Rules and regulations
Rules promulgated by custodian of public rec-
~rds which will prevent, future interference with
thc orderly conduct of custodian's office and
,,till, in the' meantime, not unnecessarily hamper
pt~blic inspection are permissible. Bruce v.
(ircgmT (1967) 56 Cal.Rptr. 265, 65 Cal.2d 666,
423 P.2d 193.
6253.1
rule ot reason. ;vhich enables a custodian ot
public r'ecords to formulate regnlaUollS neces-
sa~x' to protect the safety ol the records aaainst
theist, mutilauon or accidental damage, to pre-
vent inspecuon from interfering with the order-
lv tunction of his office and its employees, and
aenerallv to avoid chaos in the record archives.
~ruce ;i. GregoO' (1967) 56 Cal.Rptr. 265, 65
Cal.2d 666, 423 P.2d 193.
76. Copies of records
After prescribed copying and destruction, a
mechanical reader must be made available to
thc public for microfilm and microfiche items
and copies of records and documents must be
made for the public if requested. 57 Ops.Atty.
Gen. 307, 6-20-74.
77. Attorney general opinions
Opinions of attorney general construing stat-
utes relating to the right of citizens to inspect
public documents are to be accorded substantial
weight. Bruce v. Grego~ (1967) 56 Cal. Rptr.
265. 65 Cal.2d 666, 423 P.2d 193.
78. Review
Inasmuch as orders of probate court cutting
off public access to and sealing probate files in
an estate did not pu~ort to operate as a direct
restraint on newspersons from publishing any
information, the "clear and present danger test"
did not apply in determining propriety of the
orders, and the issue on review was the reason-
ableness of the sealing and unsealing orders
under circumstances of the case. Matter of
Hearst's Estate (App. 2 Dist. 1977) 136 Cal.
Rptr. 821, 67 Cal.App.3d 777.
Original petition to require county agricultur-
al commissioner to exhibit certain documents
and to require superior court to set aside prior
injunction, issued in pending case in which peti-
tioner was not a party, did not disclose such
exceptional circumstances as would justify an
original determination of questions involved by
Court of Appeal, and writ was denied without
prejudice to right to seek solution of questions
in superior court. Cohen v. Superior Court of
Kern County (App. 5 Dist. 1968) 72 Cal.Rptr.
814, 267 Cal.App.2d 268.
§ 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 g~reater access to records than prescribed by
the minimum standards set forth in this chapter.
IAdded by Stats. 1981, c. 968, p. 3680, § 2.)
219
i
{}6253.1
Fee reduction or waiver I
Notes of Decisions
M ISC E LLANEoL's
Title 1
I. Fee reduction or waiver
Trial court's determination that agency was
not obligated under Public Records Act to waive
copy tee had to be reversed, where agency de-
clined to exercise discretion to reduce copying
fee based on erroneous contention that it had no
discretion. North County Parents Organization
for Children with Special Needs v. Department
of Educ. lapp. 4 Dist. t994} 28 Cal. Rptr.2d 359,
23 Cal.App.4th 144, t'ehcaring denied, reviea
denied.
Public Rccorcts Act provision allowing agency.
to adopt t'equircmcnts allowing greater acces;
to records than minimum required standards
permits agency to reduce copy fee. North
County Pa~'cnts Organization for Children with
Special Needs v. Department of Educ. (App. 4
Dist. 1994) 28 Cal. Rptr.2d 359, 23 Cal.App.4th
144, t'ehearing denied. ~'eview denied.
{} 6253.5. Initiative, referendum, recall petitions, and petitions for reorga.
nization 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 7~000) of the Education Code and all memoranda prepared by the
count,,' elections officials in the examination of the petitions indicating which
re~oistbred voters have signed particular petitions shall not be deemed to be
pu~blic 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 bv the propo-
nents in writing in order to determine which signatures were disqualified and
the reasons therefor. However, the Attorney General, the Secreta~ 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 an,,' 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.
220
xspECTION OF PUBLIC RECORDS § 6253.5
7
~t For recall IllC£t~LII'CS, tt~C pCl'SOl] OI- persons defined in Section 343 of thc
?.~cc~ion~ Code.
tS) For petitions circulamd pursuant ~o Section 5091 of the Education Code,
person or persons having charge of ~he petition who submit the petition to
county superintendent of schools.
~5) For petitions circulamd pursuant to Article 1 (commencing wRh Section
;;700~ of Chapmr 4 of Part 21 of the Education Code, the person or persons
dC~i?a~ed as chief petitioners under Section 35701 of the Education Code.
~ For petitions circulated pursuant to Part 46 (commencing with Section
7~000) of ~he Education Code, the person or persons designated as chief
~ctitioners under Sections 74102, 74133, and 74152 of the Education Code.
~ddcd by Stats.1974, c. 1410, p. 3106, ~ 10; Stats. 1974, c. 1445, p. 3155, ~ 10.
~cndcd-bv Stats. 1975, c. 678, p. 1483, ~ 26; Stats. 1977, c. 556, p. 1782, ~ 4;
~t;~s.l~0, ~c. 535, ~ l' Stats. 1982, c. 163, p. 529, ~ 2; Stats. 1985, c. 1053, ~ 1;
~t~;~.i992, c. 970 (S.B.1260), ~ 22; Stats. 1994, c. 923 (S.B.1546), ~ 32.)
Historical and Statuto~ Notes
linc tx~o 1974 additions were identical in text, "a school district or a community college dis-
,.tit tot the comma between "initiative" and
~l~',~cndmn" in c. 1410.
~,cction affected by two or more acts at the
session of the l~gislature, see Government
~, 9605.
Iht 1975 amendment inserted a comma be-
cc~ "initiative" and "memorandum"'
linc 1977 amendment added the proviso at
end of the section authorizing specified offi-
and entities to examine materials upon
approval.
l}~c 1980 amendment inserted preceding the
,,x~,o in the first sentence authority for {he
,,p,mcnts to examine insufficient petitions in
~,i~.~ to determine which signatures were dis-
.~.dilicd and reasons therefor; added the sec-
paragraph relating to examination by pro-
.,~wnts ota petition: and added the definition
'proponents of the petition" including subds.
,t~l and (c).
linc 1982 amendment in the first paragraph
.-~'~tcd "and petitions circulated pursuant to
~,,~ ~091 of the Education Code" following
~c~c~dum. and recall petitions" and inserted
trict attorney" following "a district attorney":
and in the third paragraph defining proponents
of the petition added subd. (d) relating to peti-
tions circulated pursuant to Education Code
§ 5091
The 1985 amendment in the first paragraph
inserted "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 dis-
tricts submitted pursuant to Part 46 (commenc-
ing with Section 74000) of the Education
Code": and in the third paragraph defining
proponents of the petition added subds. (e) and
(f) relating to petitions circulated pursuant to
Educations Code §§ 35700 and 74000 et seq.
The 1992 amendment inserted the definition
of "petition": and made nonsubstantive
changes.
The 1994 amendment made technical and
nonsubstantive changes to conform with reorga-
nization of the Elections Code by Stats.1994. c.
920 (S.B.1547).
Cross References
'~I~.~c ,t initiative, referendum, or recall petition signatures, see Elections Code § 18650.
:" ~.dl. examination of petition with disqualified signatures notwithstanding this section, see
Elections Code § 11301.
Library References
"; I:~TI.AW Topic No. 326.
* Is Records §§ 99 to 101, 103, 104.
221
~ 6253.6 .MISCELI~ANEOUs
Title 1
§ 6253.6. Bilingual ballot or ballot pamphlet requests no! deemed public
records
~a~ Notwithstanding the provisions ot' 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
arc 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 bv 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
ained in subdivision (a).
..-'"'-(Added by Stats. 1982, c. 1260, p. 4629, § 1. Amended bv Stats. 1985, c. 1129, § 1.)
Historical and Statutory Notes
The 1985 amendment in subd. (a) substituted and substituted "provided to any person other
"intormation compiled by public officers or than" for "open to inspection except by the
public employees revealing the identity of per- precinct board and other" following "shall not
sons who have requested" for "requests for" be"
Library References
Records Cm54.
WESTLAW Topic No. 326.
C.J.S. Records §§ 99 to 101, 103, 104.
§ 6254. Exemption of particular records
Ekcept as provided in Section 6254.7 nothing in $,hqs chapter shall be
construed to require disclosure of records that a~any of the following:
(a) [Preliminary drafts, notes, or memoransla/not prepared in ordinary
course of business] Preliminary drafts, note~, or interager~cy or intra-agency
memoranda which are not retained by th~blic agency ~n th; c~dinarv course
of business, provided that the publ~'~nterest in-witiaholdine' those ~ records
~igh. s. the public inte~r.g~ in disclosure.
(b) [Pendl~ation] /J?,~ords per~g to pending litigation to which
the public agency is~a.~rty, or to' cl;i~-~-n~te~'"~Sa~'t"~)' Division 3.6
(commencing with Se~m~-n~('Oh until the-l~-n~ti'~it~)~"c~r'~laim has been
Vi ~af,1 yr na~! ~u~ct_~c?~7~, ?th. erwiS_e'~~-- ...... e ....
_ (c) [Personnel, medical, or similar files]'"tZersonnel medical or similar files,
the disclosuf(of which would constitute ~an-~~"n~'c~'~;a~v~'s~'o'n of personal
privac!~/
(d) J~ecords of agencies regulating or supervising issuance of securities or
fin~/cial institutions] Contained in or related to:
(I) Applications filed with any state agency responsible for the regulation or
superxSsion of the issuance of securities or of financial institutions, including,
222
it
§ 6253. Public records open to inspection; time; guidelines and regulations governing procedure
Notes of Decisions
1. Conltruction and application
App.4th 1177, rev/ew granted and cause transferred 54
Under California Public Records Act rCPRA), members Cal. Rptr.2d 41, 917 P.2d 1164, transferred to 5~ Cal.
of media do not have greater right of access to informs- Rptr.2d 829.
tion than that enjoyed by any member of public. City of
Hemet v. Superior Court (Press Enterprise Co.) (App. 4 29. Real estarte records-license applications of bro-
Dist. 1995) 44 Cal. Rptt.2d 532~7 Cal.App.4th 1411, modL kers or salespersons
fled on denial of reheaning, review denied. D~pite contention by Controller that incidence of coun-
6. Public records, generally ~rfeiting might increase and that it w~uld be inconvenient
If records sought pertain to conduct of · ' and expensive for her office to eom 1 with
governmental .proportionate to 'vii rite.rest in disclosure outwei,h,~a .......
ness wi.L . .tm.ks sought te be illumi,a,,~r'~._g?, Y~f nondisdosure Corm .... ~s ..... y a _p~eme interest in
tn wnieh disclosure will - - .~ ~nu direct.~. Co ...... : ~ ~. ~ ?eramento County Superior
nell v e .... ~erve to ~]uminate c,,,. ~'-y_ ~; t^rgent t~esearcn & Recov .
· o,~ramento County Su ri -' · .... cry, Ltd.) (App. 3 Dist.
search & pe o~"Court ( IS~) 50 Cai Rptr~l 357
Recovery Ltd - . Argent Re- ~ ' , 42 Cai.App.4th 1177 '
RptrJ?~l , .) (Ap ,~.~J Dlst 1996 gran~and cause tran , review
357, 42 CaiA __ · ) 50 Cai . ~. . alerted 54 Cai R tr.2d 4
rerrecl to 66 Gai. Rptrj?.d~.-'~ '~, ~17 P~?.d 1164, trans. 37. Public ~l~te'i~,oartment inv~ztig~tion reports
disclose public re~o~ls is public inte e. In undertaking review~of order stating that police
What is materiai/i'n deciding wheth r agen. ey must Par*anent internal investigation report w~ discoverable
~ure, not pn~yii .rt~t in thew di~lo- under California Public Records Act (CPR), Court of
· nterest of requestin
,requesting s commercial ~ ..... ~ ~ raet that Appeal
[or strictly c~'nereio~ ...... :-frest U~ng information performs plenary review of ruling on merits; re.
interest i~/'~o,~.~ ~,~..-,~?_a? u_oes not diminish ublic view is independent on issues of law, and follows substan-
-'~ ' ....... ~laeate(L L;onnell v. Sae~u~ento ~ evidence test with respect to any issues of fact. City
Ltd.) (App. 3 Dist. 1996) 50 Cai. Rptr2A of Hemet v. Superior Court (Press Enterprise Co.) (App.
County Superior Court (Argent Research & Recovery, 4 Dist. 1995) 44 Cai. Rptr.2d 532, 37 Cai.App.4th 1411,
357, 42 Cai. modified on denial of rehearing, review denied.
-----~.~ § 6253.7. Contracts for gas transmission and storage; exemption; considerations
(a) Notwithstanding any other provision of law, a local agency may, by rule or ord
or completely from any requirement to make r, exem
the local agen to · available ['or . . . e pt partiall
CY provide t · . pubhc ms tton · Y
exemption is i,, ,~- ......... gas ransm~ssmn or o, ...... ~ any contracts ne~otiated by
· ,, a~e puoue interest I . . o~,,,~e services, ff the local ~
eonmder factors i,,-~--~: .... .~ . n determining, whe ~, ..... . agency finds that the
..... ~,mg, out not l/mi t~ ,~.*?~ _t:,~, u~ grant an exemption, the local ma
ted--, ~-~.~omers in · . . agency y
level of disclosure that is comparable to that which is required by federal or state law for competitors.
terests in confidentiahty and shall require a
Co) This section shall remain in effect only until January 1, 2001, and as of that date is repealed, unless
a later enacted statute, which is enacted before January 1, 2001, deletes or extends that date.
(Added by Stats.1996, c. 8 (A.B.1095), § 2.)
1996 Legislation
Section 1 of Stats.1996, e. 8 (A.B.1095), provides:
"rhe Legislature finds and declares all of the following:
"(a) The California Public Utilities Commissions is re-
quJred to keep open for public inspection rates, tolls,
charges and other related information.
Repeal
This section is repealed by its own terms on Jan. 1, ~001.
Historical and Statutory Notes
"(b) The evolving deregulation of the gas industry is
forcing gas utilities to offer special contract terms in
competitive markets, as recognized by the commission, in
order to compote for these customers. Regulated gas
utilities are placed at a competitive disadvantage if their
contracts or trade secrets are open to public inspection by
their COmpetitors, upon whom that burden is not placed."
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
records clearly outweighs course of business, Provided that the public interest in withholding those
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.
Additions or changes indicated by underline; deletions by asterisks * * *
16
e: guidelines and res;rations &-ovemmg procedure
D~isions
~p.4tE 11~, m~5~ ~n~ and cause t~sfe~d
C~.P.p~ 41, 917 p~ 11~. :mnsfemed
Rp~ ~9.
29. ~al es~ ~or~lieense appli~hon8 of br~
kern or ~es~ns
Despi~ ~n~nOon by ~n~er tha~ in~denee of ~un-
teffeihng mght incm~ ~d ~at it ~d be inmnvenien[
~d ~nsive for her offi~ to ~mply ~th mques~ for
~ of ou~ng vendor ~, gene~ pubic
in~st in ~s~m~ ou~igh~ ~y s~ifie in,mst in
non~sdos~. ~nne~ v. ~ento Co~W Su~hor
~m (~nt ~se~h & ~ve~, L~) (App. 3 DisL
1~) ~ C~.Rptr~ ~7, ~ C~.App.4th 11~, ~ew
~ ~d ~use tmnsfe~ ~ C~.Rptr~ 41, 917 P2d
11~, tm~e~ m ~ C~.Rp~
37. Public ~e~ de~ent inv~fi~fion re~
In unde~ng ~ of o~er s~Ong ~at ~ce de-
~ent in~ invesh~tion m~ ~ ~s~vemble
under C~fo~ia ~bfic RemUs ~t (CPR), ~m of
~ ~ms plen~
~ is inde~ndent on i~ues of law, and foUom subs~-
~ ~den~ ~st m~ ms~ to ~y issues of f~L Ci~
of Hemet v. Su~or Corn (Press En~h~ Co.) (App.
4 Dist. 1~) 44 C~.Rp~ ~ 37 C~.App.4th 1411,
m~fl~ on deni~ of mhemng, renew deni~.
tge; exemption; considerations
~cal agency may, by rule or order, exempt partially
e for public inspection any contracts negotiated by
.rage services, if the local agency finds that the
lether to grant an exemption, the Icc
,rs' interes · . . al agency may
·ts m confidentiality and shall require a
required by federal or state law for competitors.
tary 1, 2001, and as of that date is repealed, unless
[anuary 1, 2001, deletes or extends that date.
J
rum terms on Ja~ 1, 2001.
;tutory Notes
"(b) The evolving deregulation of the gas industry is
,rcing gas utilities to offer special contract terms in
Impetitive markets, as recognized by the commission, in
der to compete for these customers. Regulated gas
ilities are placed at a competitive disadvantage if their
ntracts or trade secrets are open to public inspection by
eir competitors, upon whom that burden is not placed."
ring in this chapter shall be construed to require
agency memoranda that are not retained by the
ed that the public interest in withholding those
,.
the public agency is a party, or to claims made
, until the pending litigation or claim has been
IIn._~e; deletions by asterisks * * *
(;()VEI~NMt-.N F C()DE
§ 6254
(c) Pe~onneI. medical, or similar fries, the disclosure of which would constitute an unwarranted
invasion of personal privacy.
(d) Contained in or related to:
(1) Applications filed with any stnte agency responsible for the regulation or supervision of the
issuance of securities or of finandal 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-ageney communieations prepared by, on behalf of,
or for the use of, any state agency referred to in paragraph (1).
(4) Information received in confidence by any state agency referred to in paragraph (1).
(e) Geological and geophysical data, plant production data, and similar information relating to utility
systems development, or market or crop reports, which are obtained in confidence from any person.
(f) Records of complaints to, or investigations eondueted 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 seeurity files compiled by any other state or local police
agency, or any investigatory or seeurity 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 ineident, 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, fL-e, explosion,
larceny, robbery, earjaeking, vandalism, vehiele theft, or a crime as defined by subdivision (e) 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 eonelusions 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 vietim of any crime
~d~e~n~ed~ b~,y S~ectio,n ~220., 261, 262, 264, 264.1, 273a, 273_df 273.5, 286, 288, 288a, 289, 422.6, 422.7, 422.75, or
~o.u o~ me Yenai uode 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, 262, 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 ff 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 require-
ments 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, 262, 264, 264.1, 273a, 273d, 273.5, 286, 288, 288a, 289, 422.6, 422.7, 422.75, or 646.9 of the
Additions or changes Indicated by underline; deletions by asterisks * * *
§ 62~.~
GOVE R.N.~IENT
Penal Code shall remmn conll, dennai, .~ ;~o~a~on ob~ pu~uant ~ ~is p~p~ sh~
~ used d~cfly or ind.,dy ~ sell a p~uct or ~m~ ~ ~y in~ffdu~ or g~up of mdi~du~s, ~d
~ques~r shah ~xecu~ a decl~on ~ ~ac eff~t und~ ~n~ty of ~u~.
(g) Test ques~ons, s~ng keys, ~d o~ ~~on da~ u~ ~ ~s~ a li~nsing
~on, ~ina~on for emplo~en~ or s~e~e ~a~on, ~pt ~ p~d~ for ~ Chap~r
(~mmencing ~ S~on ~1~) of P~ ~ of ~e Edu~on C~e.
(h) ~e ~n~n~ of ~ es~ app~s or ~~ng or f~b~ty esfima~s ~d e~uafions m~e
for or by ~e sm~ or 1~ agency ~a~ve ~ ~e acq~on of pm~, or ~ p~s~ve pubic supply
~d ~ns~c~on ~n~c~, un~ ~ of ~e pm~ h~ ~n ~u~ or ~ of ~e ~n~ct a~ment
ob~n~. Howev~, ~e law of em~ent doman ~ not ~ ~ by ~ pm~aon.
(i) Info~a~on ~q~ ~m ~y ~y~ ~ ~on ~ ~e ~on of l~ ~es ~at is
~eiv~ in ~den~ ~d ~e ~os~ of ~e ~o~a~on ~ o~ ~ons wo~d ~t in ~
~m~ve d~~ m ~e ~n supp~ ~e ~o~on.
~) Lib~ cinnamon ~s kept for ~e p~ of iden~g ~e ~wer of i~ms a~able in
lib~es, ~d Ub~ ~d mu~um ~~ ~e or ~ ~d p~n~ ~lely for mf~nce or
~ibi~on p~ses. ~e ~emp~on in ~ su~on ~ no~ app~ m ~s of ~es ~d on ~e
~we~.
· ) R~s ~e d~os~ of w~& ~ ~emp~ or pm~bi~ p~u~t ~ f~ or s~ law,
~clud~g, but not Umi~ ~, Pm~om of ~e E~den~ C~e m~ ~ p~e~.
(l) Co~nden~ of and m ~e ~v~or or employes of ~e ~v~oFs offi~ or in ~e cushy of
or m~n~ by ~e ~vemoFs le~ ~ ~~, pm~d~ ~at pubic ~s ~ not
~e~ m ~e ~s~y of ~e ~vemoFs le~ ~ ~~ m eyre ~e d~os~ pm~sions of
~ &ap~r.
(m) In ~e ~s~y of or m~n~n~ by ~e ~gs~gve CouP, ~pt ~o~ ~s in ~e public
~ m~n~n~ by ~e ~sla~ve Coun~ ~at ~ de~ in ~gon 10~.
(n) S~men~ of ~n~ ~ or ~ ~c~ da~ ~ by a ~nang ~n~ ~d ~ by
~ applier ~ ~e li~nsing ~n~ m ~mb~ his or ncr ~on~ qu~ca~on for ~e license,
~ca~, or ~t app~ for.
(o) ~c~ dam ~n~n~ ~ app~cagom for fl~ng under Dillon ~ (~mmencing ~ ~on
~) of ~e H~ ~d S~ety CM~ where ~ au~o~ o~r o
~~g Au~o~ de~es ~at ~ ..... · ........ f ~. C~o~a PoHu~on Con~l
· e app~c~t ~d ~e da~ ~ ~,,~ ~ o~ ~e ~c~ aam woma ~ ~m~gv ' 'u~
~n ~~ ~m ~e Um~ Sm~s Sm~l
Bu~ne~ ~mi~on. ~e C~ffo~a PoHu~on Con~l Fin~cing Au~o~ty ~ ~opt roles for
m~ew of ~di~du~ ~uesm for ~nflden~ty und~ ~is s~on ~d for m~ng a~able m ~e pubic
· o~ ~ons of ~ applicagon which ~ su~t ~ di~los~ under ~is chap~.
(p) R~s of sm~ a~n~es mla~ ~ ~es ~vem~ by Chap~ 10.3 (~mmen~g ~ S~on
3512), Chap~r 10.5 (~mmencing ~ S~on ~), and Chap~ 12 (~mmen~ng ~ S~on 3~0) of
Di~sion 4 of ~fle 1, ~at ~veal a sm~ a~nc~s deli~ve pmces~s, im ~ons
opi~o~, ~ommenda~ons, m~n ~ P ' , ev~ua~ons
g ~ m~, work p~uc~, ~ges o .......... '
pm~de ~c~on, ad,ce, or ~ng ~ employes who do not have ~H ~ecgve ~ng and
mpmsenm~on ~gh~ und~ ~e~ chap~. No~ing in ~ su~i~aon ~ ~ co~ m ~mit ~e
~los~ du~ of a s~ aoncy ~ ~t ~ ~y o~er ~s ~ng ~ ~e ~es ~vem~ by
· e employee ~la~ons ac~ ~e~ ~ ~ ~ su~ion.
(q) Re~s of s~ a~ncies ~la~ ~ ~es ~v~ ~ ~cles 2.6 (~mmen~ng ~ S~fion
14~1), 2.8 (commencing ~ S~on 14~.5), ~d 2.91 (~mmen~g ~ S~on 14~9) of Chap~ 7 of
P~ 3 of DMsion 9 of ~e Weff~ ~d I~g~ons C~e, ~at ~v~ ~e s~ ne~Fs d~ve
pm~sses, discussions, ~mmu~ca~on~ or ~y o~er ~on of ~e ne~a~o~ ~ pm~d~ of he~
c~ se~s, imp~ssions, opi~ons, ~enda~on~ m~ng minu~s, ~se~, work p~duc~ ~
~es, or s~, or ~at pm~de ins~on, ~, or ~ng ~ employs.
Except for ~e ~nion of a con,ct con~ning ~e ~s of pa~en~ con~c~ for inpa~ent ~ces
en~ in~ pu~uant ~ ~ese ~cles, on or ~r Ap~ 1, 1~, sh~ ~ o~n ~ ins~on one ye~ ~r
· ey ~ ~lly ~u~d. In ~e event ~at a con,ct for ~ent ~s ~at is en~ in~ p~or ~
Ap~ 1, 1~, is ~ended on or ~r Ap~ 1, 19~, ~e amendmen~ ~pt for ~y ~on ~n~g ~e
~s of pa~en~ sh~ ~ o~n m ins~on one ye~ ~ it is ~Hy ~. If ~e C~o~a
~s~ce Commission en~ ~ con~c~ ~ he~ c~ pm~d~ for o~er ~an ~pa~ent hospi~
~ces, ~ose con~c~ sh~ ~ o~n m ~on one y~ ~ ~ey ~ ~y ~u~d.
~ ye~ ~r a con~t or ~en~ent is o~n ~ ~on und~ ~ su~sion, ~e ~on of
· e con,ct or ~endment coning ~e ~s of ~ent sh~ ~ o~n ~ ~s~on.
&g~itlons or changzs ingl~t~ b~ un~zgln~; g~l~flons b? asterisks * * *
18
rmatzon obt.~mt<~ pumuant ~ ~is P~ph sh~ not
~nce ~ ~y fndi~ffdu~ or ~up of fntii'~du~s, ~d the
md~ ~n~ty of
fina~on da~ us~ ~ ~s~ a licensing ~mina-
~afion, ~pt a~ pm~d~ for m Chap~r '3
',du~on C~e.
n~ng or f~b~ty es~ma~s ~d e~ua~ons m~e
:qu~on of pm~, or ~ PmS~ve pubhc supply
' h~ ~n acqu~ or ~ of ~e ~n~ct a~ment
[ not ~ ~ by ~ pm~on.
~on ~ ~e ~on of l~ ~es ~at is
~ i~o~flon.
~ of iden~ng ~e ~wer of i~ms a~able in
or ~u~ ~d p~n~ ~]e]y for ~f~nce or
on ~ not app~
] or pmhibi~ p~u~t ~ f~ or s~ law,
m C~e mh~g m p~e~.
floy~s of ~e ~v~oFs o~ or in ~e ~s~y of
~, pm~d~ ~t pubic
~ ~~ ~ eyre ~e di~los~ pm~sio~ of
ire Coun~l, ~pt ~o~ ~s in ~e pubUc da~
~fl~ in ~flon 1~.
[~ da~ ~~ by a ~n~ng ~ncy ~d ~ by
his or ~er ~on~ qu~cagon for ~e ~cense,
~ng under Di~on ~ (~mmencing ~ ~flon
~o~ o~cer of ~e C~o~a Pofluflon Con~l
~ dam world
~b~n ~~ ~m ~e Uni~ S~s Smfll
on~l F~n~ng Au~o~ty ~ ~opt roles for
· is S~on ~d for m~ng a~able ~ ~e pubUc
~los~ under ~is &ap~.
'em~ by Chap~ 10.3 (~mmen~g ~ S~on
~d Chap~ 12 (~mmen~g ~ S~flon 3~) of .
~eli~ve pm~ impm~ions, ev~ua~ons,
~, work p~uc~, ~es, or s~, or
who do not have ~ ~ec~ve ~ng ~d
2 ~ su~M~on
~.her ~s ~flng ~ ~e ~es ~vem~ by
'~ ~ ~es 2.6 (~mmen~ng ~ S~on
~commen~ng ~ S~on 14~9) of Chap~ 7 of
', ~at mv~ ~e s~ ne~Fs d~ve
~on of the ne~om ~ pm~d~ of h~
n~ng ~nu~s, m~, work pmduc~
~ng ~ employs.
~s of pa~en~ ~n~c~ for inpa~ent se~ces
,1~, sh~ ~ o~n ~ ~s~on one y~ ~r
' inpa~ent ~s ~at
~endmen~ ~pt for ~y ~on ~n~ing
~r it is ~fly ~~. If ~e C~o~ M~i~
c~ pm~d~ for o~ ~ ~ent hospi~
~ ~r ~ey ~ ~y ex~u~.
m~ffon und~ ~ su~sion, ~e ~on of
~t sh~ ~ o~n ~ ~s~on.
GOVERNMENT (_?ODE
Not,Mthstanding any other provision of law, the entire contract or amendment :hail be -~t:,~n t~
inspection by the Joint Legislative Audit Committee. The Joint Legislative Audit Committee sh~i
maintain the confidentiality of the contracts and amendmenUs 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
(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 M~or Risk Medical Insurance Program related to activities governed by Part 6.3
(commencing with Section 12695), and Part 6J~ (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 employeea
(2)(A) Except for the portion of a contract that contains the rates of payment, contracts for health
coverage entered into pursuant to Part 62 (commencing with Section 12695), or Part 6J~ (commencing
with Section 12700), of Division 2 of the Insurance Code, on or after July l, 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-~fitered 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 M~or 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.
Additions or changes Indicated by underline; deletions by asterisks * * *
19
6254
Nothm~r m this seeuon prevents any agency rn opening its reco~s GOVERNMENT CODE
the ager, c~. ~o public inspec~on, un]ess d/sclosure~ otherw/se proh/bked by/aw, aamm~st~-auon of
concermng the
Nothing in this sectSon prevents any health facility from disclosing to a certified bargaining agent
relevant financing information pursuant to Section 8 of the NationM Labor Relations
(Amended bY.S_tats. 199& c. 438 (A.B.985), § 1;
(S.B.1059), § Act. 1
1.6; Stats.1995, e. 778 (S.B.1069), ~ 1.5, operative Jul 1. ?ts.1995, e. 778
(S.B.1444), § ll.) ~tats.1995, e. 777 (A.B.958), § 2; $
~29U. S.C.A § l~. Y . 1996; Sta~s.1996, c. 107~
1995 Legislation
"Sect/o: 2(a) of Stats. 1995, c. 778 (S.B.1059), Pruvides:
Section bill incorporates amendments to
this bill .,~. _C~e .Propesed by both
operative ff(l ~¥~. It shall only become
are enaetecl and become effective
on or before Jam I, 1996, (2) e~.h b~ amen~ Section
6254 of the ~t Code,
erme~l or a~ ana (3) AB 1158 is not
tered, does not not amend that section [chap.
enacted after AB 9r~ md (4) this bill is
1.7 of this bill shall ~'~ 1, 1.6, and
Section 3 of Stmtz.1996, e. :S.B.1059), provides:
'The amendments
and (2) of, and the bill to Paragraphs (1)
~lon (0 or Section 6254 (3) to, subdtvl.
with respect to the ciisdo
tton, shall become operative on 1, 1996, and
amendments made to
1995, e. 777} or AB 1158
operative un~ that time, should
after AB 958 or AB 1158, or both."
Section affected by two or more acts Same
session of the legislature, sc~ Government
(t)(D, § 9605.
following "defln~l
. ,, --- by section"
422.75 and made nonsui
The 1995 amendment by c.
language, substituted "Sections 778, in
6254.7
Review and
Review of selected 1995
L.J. 849 (1996). legislation. 27 Pac.
Historical and Statutory Notes
"Section 62~4.7"; in
"name, eun~nt
~ame and age" for
deleted
defined
Penal
the first
by section"
the three
substituted 'name" for
in subd. (f)(2), substituU..d
age, and current address",
of the victim of ~y ~me
2~1, I~, 264.1, ~ ~d,
422.6, 422.7, 422.75, or ~ o .... '
not be dJ*m. Josed,- fo"- ....~.o o, me
' '~"".~ iOllOWin # ,, .
777 ...... g 422.75 m two
,,,us u,e same insertions (the
b-" · ~ne acldreaa of
3~12)" and ~' ~aon 4 of Title 1
~3ec~on 3626)',; and made
changes throughout.
Under the Prm'isions of § 6 of
l___995amendmen ^~,~; ..... Stats. 1995, e 7~
ts -- -,,~ se~o .... ,
W7 (A.B.9~) we,- -,. - - n oy c. ~8 (AB 9~} ,,~
oecome opemtiv .... ~__ ':. ' ~-. ~'~'~ (A.B.9~8), fali~a
o ....... ~ ---~r r~e provisions of § 5 of thais;
o-cuon ~ or ~tats.1996,-6-?77 (A.B.958), Provides: Act.
"It is the intent of the L shtu
to. a. void interference with .c~..! _ re .in. enacting this act
nugat otherwise exist on ~.~?-,~e°P-Y~-~ght p.rivileges that
eational testing materials.- oenau or the authors oi' edu-
I~{M Le~hlation
The 1996 amendment inserted a reference to Penal
C-~xie § 262 three times in subd.
Commentaries
Freedom of informatfi
confidential sources,
Official records
Document or
leged, or not
behind its
(Press gn
rx~2, 87
review den~ed.
United States Supreme
enforcement exemption, tics v.
see U.S. DepL of Jus- 1~, 124 L.E
Notes of Decisions
application
for dual purpose is privi.
depending on "dominant purpose'
City of Hemet v. Superior Court
Co.) (App. 4 Dist. 1995) 44 Cal. Rptr2d
1411, modified on denial of rehearing,
113 S. Ct. 2014, 508 U.S.
on remand 873 F.Supp. 884.
App.4th
Additions or changes indicated by ~; deletions by asterisks
8. Pending litigation,
Publie Records Act
documents
in order to obtain
(P~P.'2 which city was a
Subdivision exempting from (
nent to pending litigation is not records perti-
may fall within materials that
or
Court
41 Cal.
.
9ia~e5 n
pending
li~t
men~
no~
concludf
ve~ a
~ (~
Cm~p
For p
e~mp~
~m ~s
En~n
c~p.
de~
I~ Poh
~n~ in
du~ ~c
s~tu~s
sh~ng e
Hemet v.
~sL I~
fl~ on ~
C~or
lng pubic
lng ~t
~ ofp
h~r c
En~s~
Og~p,4t
de~.
For p~
~mp~on
sis ~d ~w
l~t ~
(~s Ent
~ S7 C~
~ den:
Pe~ ~
sonnel ~
~pt by d
ly ~ud~
pm~sion e
s~ of~
f~e~ or
(~s
~ 37 C~.
~ deni~
PoH~ de!
~p~d ~n
~a ~b~c F
§ 6254.2.
(a) Noth'
efficacy inf
§ 6254
Note 85
Hcarst's Estate (App. 2 Dist. 1977) 136 Cal.
Rpt]. $21. 67 Cal.App.3d 777.
MISCELLANEOUs
Title I
§ 6254.1. Disclosure of residence, mailing address or results of test for
competency to safely operate motor vehicle
(at Except as provided in Section 6254.7, nothing in this chapter requires
disclosure of records that are the residence address of any person contained in
the records of the Department of Housing and Community Development, if the
person has requested confidentiality of that information, in accordance with
Section 18081 of the Health and Safety Code.
(b) Nothing in this chapter requires the disclosure of the residence or mailin~o
address of any person in any record of the Department of Motor Vehicle~
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.
(Added by Stats. 1989, c. 1213, {} 3. Amended by Stats. 1993, c. 546 (A.B.2284), § 1.)
Historical and Statutory Notes
Section I of Stats. 1989, c. 1213, provides: applicant or insured to provide valid. ~urate.
~"Thc Legislature hereby finds and declares and timely information as to their hon% address
th"a~..., to their insurer or on any applicfi~tion for an
insurance ohc~
· -, "(a?.~on I of Article I of the California ' ' 'P '.'. .~'
Constitution~antees the right to privacy. "(f) Nothing in this ac~ghall be construed to
'.'(b.) in, o.rde}',~.ividuals to be able to authorize any pers9n~"io request confidential
~ght to,~the,' must be able treatment as' to~ah~eir home address for an,'
to c~hen~to release p~l information, fraudulent or-~6b'iminal purpose" '
and to whom, and reasonable lax-'Xvs~equiring The 190}'~mendment added ~ubd ' '
enacted only when it is deemed absolutely n~0 to di~/zlosure of the results of a test undertaken
;2gaaC&e,~n2~(~;htxe,.~ ~,j?fadreee. med absolutely ne~ev;~l ..
nt to Vehtcle Code § 12804 8
"(~~Former"~~.l, added by Stats. 1984. c.
one's home is fundamental to this~ right of/p{' '(va- 1126, § 1 , was ren ered Government Code
c°~'.e's h°me is lunaamental t° this right.?fpfiva' } 162~ ~21 ;nX~taSa~ec~;ts. 1985, c. 100.
"(d) In order to protect individualk from un- § 44.
wanted invasions of theirhome.s, ihe Legislature Former § 6254.1, added by Stats. 1984, c.
has enacted this act 765, § 1, was renumbered as Government Code
"(e) Nothing in this am'shall be construed to § 6254.2 and amended by Stats. 1985, c. 1430,
affect any contractual-Or other obligation of an § 1.
~~.2. Pesticide safety and efficacy information;~osure; limi-
..... ~, .~~. ta~t~ons; procedures ~
_, !a)- ~Nothi.n.g. ~n'mi.s~hapter exempts f. rom__...p~lic disclosure the same catego-
ries of p.est!cide_sa .fOx.nd efficac~tion that are disclosable un'er
Insecticide,
individual
subdMsion
(h!,a.n_d, sig._n.s the affirm_ ati.on s.Pecified.in~ivision (h).
(b! The~ Directo,,~.ot Food and A. gric__u!!~ure, .up~-'~.. his or her_initiative, or up,on
receipt of .a,~,equ. e_st pur.suant to the c.al!to, rnia Pub.lle~ecords Act (Chapter ~.5
(commen~g with Section 6250) of Division 7 of Title ~ease of data
248
iNSPEC
Div. 7
subrnitte
determir
trade sec
obtain a
the expi~
tion, the
for regis
(c) If'
shall no~
(d) Th
notificat
of the gr
and stat
(e) Th
secret 'a
justifical
director
ed the d
by certit
trade se
after thc
any per.'
(f) "T
subsecti
cide Ac!
(g) t}
enforcel
Insectic
court o
judgmm
extent c
(h) TI
mation
ing wit[
Code to
product
States (
person
busines
To impl
tion to
sectio .
This
t) ~ ~.RN MENT COI)E
6204..
?u:'[!c ?.ceo.s A~ pro~nsion ."or exemption from d/sdo-
.;re ~f records perta:rdng to pending htigaUon eontem-
o[ates nondisclosum of documents while litigation remains
pending and obvious purpose of exemption is to prevent
',itigant from obtaining greater advantage against govern-
mental entity than would otherwise be allowed through
normal discovery channels; however, once litigation ha~
coneiuded, overall purlx~e of Act become.* paramount to
verify accountability. City of Los Angeles v. Superior
Court (Axelrad) (App. 2 Dist. 1996) 49 Cal. Rptr2d 35, 41
Cal.App.4th 1083, re=Am denied.
For purposes of California Public Records Act (CPRA)
exemption allowing public agency to withhold records
pertaining to pending litigation, document is protected
from disclosure only if it ~was specifically prepared for use
in litigation. City of Hemet v. Superior Court (Press
Enterprise Co.) (App. 4 Dist. 1995) 44 Cal. Rptr2d 532, 37
Cal.App.4th 1411, modified ~., denial of rehearing, review
denied.
15. Police personnel records'.,
closure of records ~he disclosure of which is exempted or
prol'~bited pumuant to federal or state la~;' since such
infom~tion w~s confidential under Penal Code section
a~d Penal Code section was implicitly included in CPRA.
City of Hemet v. Superior Court (Press Enterprise Co.)
(AI~. 4 Disk 1995) 44 Cal. Rptr2d 532, 37 Cal.App.4th
1411, modified on denial of reheaa'ing, review denied.
Catch-all exemption of California Public Records Act
(CPRA), providing exemption from required disclosure
where, on facts of pex~icular case, public interest served
by ~ondisclosure clearly outweighs public interest served
by d/sclosure, did not apply to protect police department's
internal investigat/on report of officer since legislature
a-eared specific exemptio,~s for personnel files and law
enforcement investigation files, but did not create specific
exemption for law enforcement personnel investigation
reports. City of Hen?et v. Superior Court (Press Enter-
prise Co.) (App. 4 ,Dist. 1995) 44 CaLRptr2d 532, 37
CaLApp.4th 1411, mbdified on deni~1 of rehearing, review
denied. ~
Provisions of California Publ~ Records Act (CPRA) ~LL Official~eords
requin.'ng disclosure of police infoi~ation cannot be con- The namesyaddresses, and telephone numbers of per-
strued to require disclosure of sensitive information con- sees who hay'e filed noise comolaln~ concerning the oper-
.mined,in re,~r~., ,relat~,'ng to, ,enegati~d~_of p?li~ .mi .s?n- at/on of a/city airport are s~bject to public disclosure
duct, ~nee aetaiiea aha caren~ proceau, ee~_u~es ~.set out m other unkss t;hdd~dty can establish in the pam'cular aroum-'
statutes for disclosure of such information only upon ,t~u~ t/n~ tl~ nublie interest s~rvnd hv not w_~idn, the
.... i of ---'--- -'--- ----
showing of manifest necoss~ty would be n.dt~ifled. Cty i~ion public clearly outweighs the public interest
Hemet v. Superior Court (Press Enterprise:xCo.) (App.,4 ~l~-di~elosure 78 OpAttyGen 103, May 10 1996.
Dist. 1995) 44 Cal. Rptr2d 532, 37 Cal. App.4thXl,411, modi- / - ' ' ' '
fled on denial of rehearing, review denied. ',x 82,/Discovery, generally
California Public Records Act (CPRA} provisioh~enow- /Depositions generated in litigation arising out of claims
ing public agency to withhold records pertaining toy.end- ,~iust city relate to conduct of public business subject to
ing litigation did not protect against diselosure to new~- /disclosure pursuant to Public Records Act, and deposi-
per of police department internal investigation ~po~/ ~ that are not pertaining to pending litigation are
where report was not prepared with dominant purpos~ ~lect to disclosure. City of Los Angeles v. Superior
relating to litigation and disclosure of report would n,e/t ~Court (Axelrad) (App. 2 Dist. 1996) 49 Cal. Rptr,?A 35, 41
hamper city's ability to defend itself in lawsuit s~ce C:(tl. App.4th 1083, review denied.
disclosure of report to opposing par? would ~evit~.b~ be ~ty's claim that disclosure of depositions in concluded
_required an_yw~y. City of Hemet v. Superior (;o_m~. _~_ _s_s essesX~ay impinge on right of privacy of people involved
Enterprise Co.) (App. 4 Dist. 1996) ,44 .Cal..Rptr~l/fo32,. 37_ la e~e~xfalled where city did no~ advise court that any
Cal.App.4th 1411, modified on denial or renearir}g, rew'ew i~'mat~n contained in any requested depositions would
denied. // ..... fell within '~ight to privacy and did not present any specific
For purposes of California Public Reco.rd..s/~.. (CPRA) iglormation ~, support claim; thus, claim did not defeat
exemption allowing public agency to withhold records disclosure of dc~ositions required pursuant to Public Ree-
pertaining to pending litigation,, police dej~znent inter- ~rds Act. City b( Los Angeles v. Superior Court (Axel-
nal affairs report v~s prepared with d/gmi, nant. pu?e r~l) (App. 2 DJ. st. ~X996) 49 Cal. Rptr.2d 35, 41 Cal.App.4th
relating to interdepzrtment~ concerns/' and not pendigand not pencling 11}83,1}83, r~iew denied k.review denied
ht~gation ..... where police chief said re o]R's' valueand imp°nr" I City's srm~m~nt' that- '
tance was critical part of departme's self-critical analy- -'-' --° .... -: ........ .
........ ~ ~an~y- concluded e~es would 'k~lict burden and oppression on
s~s ana mvesugauon was coneiu_~ ~_~.~ oe_rore ~v to review all deoos~ons m de~ine if they fen
532, 37 CalApp.4th 1411, moc~~tu~"b~,x~" o~-udi~'-~'-that-°-
~ew ?~ied. .. /~.~ed ~~ty did no~ ~te any p~o~o, of
ten? t.~a,e prowsmn,. ~t contemphted that-claim was v'~id ground for nondis-
sonnei recoms are connc, l~ntial and _sh~ n_ot_be .c~isel..os.ed closure. City of Los Angeles v. Suobrior Court (Axelrad}
except by discovery p t to Evidence Cede is implicit- ' ' -'1 o ·
y ~nciuaea ~n ~a~z~rma ruoue r~,coms _,~i~. ~.r.r~. ~ review denied.~
provision exempti~ ~e ~sclo- ......... '_ ....
sure of which is/rexempted or prohibited pureu~t to 8~. Burden of proof
federal or state/{a~~ ~urt Exemptions from compelled disclosure un&qr California
(Press En~ C )~~Rptr~l Public Records .a. et (CPRA) are construed nal~dy, and
532, 37 CalJ~~~, burden is on public agency to show why disclosil~e should
review deni~, sot be ordered. City of Hemet v. Superior Cotu~ (Press
Police ~partm t~gation report was ex- ~terprise Co.) (.app. 4 Dist. 1995) 44 Cal. RptrY. dT~S2, 37
empted~i-om disclosure as personnel record under Califor- Cal. App.4th 1411, modified on denial of rehearing, review
nia P lic Records Act (CPRA) provision exempting dis- denied.
§ 6254-~. 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
,e, dclitiona or changes indicat~l by underline; deletions by asterisks * * *
21
§ 6~54.2
~.)~, ~RNMENT CODE
Insecticide, Fungicide, and Roden~eide A~ ~7 U.S.C. ~. l~6h(d)(1)), ~ ~e :nc~du~ ~quesung ~he
~fo~a~on is not ~ o~eer, employ~ or ~nt s~ ~ su~ion (h) ~d si~ ~e ~a~on
s~ in su~ion (h).
~) ~e ~r of* * * P~fi~de ~ ........
~uon, u~n ~ or h~ ~five, or u~n ~eipt of a ~u~t
p~u~t ~ * * * ~ chap~r for ~e mle~ ~f dam sub~ ~d d~
~st~t or app~n~ sh~de~ .......... '~ ~ a ~e ~t bv a
~'~ ~~ tnomerm~~**~: ........... ~ ~ a pm~ly
mmew ~stidde ~e~ and effic~ dam ~d ~ ~mment p~or ~ ~e e~on of ~e pubic ~mment
· ~ .,~ u~ puoac n~ ~ op~~ ~ ob~ ~d
~ on a pm~ ~cide ~~on, ~e ~r ~ pm~de no~ce m ~s~ ~ns ~en
~ app~ca~on for ~~on en~m ~e m~on ev~on p~.
(c) If ~e ~r de~~ ~t ~e ~ ~ not a ~e ~q ~e d~r ~ no~ ~e m~t
or app~t by c~ m~.
(d) ~e m~s~t or app~t ~ ~ve ~ ~ ~ ~pt of ~ noOn,on m pm~de ~e
~r ~ a ~mple~ jus~on ~d s~ment of ~e ~ on
~. ~ '~m · ~ ~ ~e ~e ~mt p~e~
J ~on ~d s~ment s~ ~ sub~ ~ ~ ~
(e) ~e ~r sh~ dele whe~er ~e dam ~ pm~ ~ a ~e ~t ~ 15
~eipt of ~e jus~on ~d sm~ment or, ff no J~on ~d s~ment ~ ~ ~ ~ da~ of ~e
o~ no~ce. ~e ~r sh~ no~ ~e m~t or app~t ~d ~y ~ who ~
~ ~t ~ · .~ ?~p~ o(~t de~~o, by ~ ~ ~ ~e d' ........ ~e
~e~notpm~~a~e~ ~ · · . -~r
~ e ~ no~ s~ ~ s~ a ~, not ~n~
1~ ~ ~ ~e ~ of ~g of ~e ~ nofi~, ~en ~e dam ~ ~ a~ble ~ ~y ~n
~u~g i~o~on P~t ~ su~on (a).
(~ ~e ~t' m~ ~m ~t ~ non,lo,hie ~d~ ~ph (1) of su~on (d) of ~on 10
of ~e ~e~ I~de, ~n~dde, ~d ~en~dde ~
~) ~ ~on s~ ~ o~ve o~y ~ long ~, ~d ~ ~e ~nt ~ e~o~ment of ~ph (1)
of ~fion (d) of ~on 10 of ~e f~ I~d~ ~~ ~d Roden~de ~ ~ not ~n
e~o~ by f~e~ m~ o~er, ~d ~ ~me ino~five ff ~ ~p~ble f~ co~ J~t
or d~ion ~om~ ~ ~t holds ~at ~ph ~d, ~ ~e ~nt of ~e ~ty.
&) ~e~r* * *~ .............
or m~t p~t ~ ~ n sub~ W ~e s~ ~ ~ appff~t
o, .....
me P~u~o~ ~e, or ~ ' · .~ ~. ~ ~u~ o~ ~ o~ or o~er enfit en '
~on~~ad~ m coun~ th~ ,a~ ~_: ....... Y
~un~ in ~difion W ~e U~ S~, or W ~y o~er ~n who in~nds W d~ver ~ ~o~fion
W ~y fomi~ or m~fi-~fio~ b~ine~ or enfi~, u~ ~e appff~nt or m~s~t ~n~n~
~lo~m. To ~plement ~ su~ion, ~e ~r ~dl ~ ~e follo~ng ~afion
~ by ~e ~n who ~ues~ suc~ ~oma~on * * *:
~FIR~TION OF STATUS
~ ~afion is mq~ by ~on 6~2 of ~e ~v~ent ~e.
(1) I do not ~k ~ce~ W ~e ~o~fion for P~s of d~v~g it or offe~g it for ~e W ~y
b~e~ ? 9~ enfi~.. ~e bus~e~ or enfiw of w~
~ in ~e p~ucfio~ I ~ ~ offi~r em lo ~ or ent
· * * ~es ~ ~fion w ~e u~ s~s, or w ~e office~ employs% o~ ~n~ * * * of such
bu~e~ or enfi~, or
(2) I ~ not p~~y deriver or negff~nfly ~ ~e ~ ~ ~ deffve~ W * * * a b~iness or
enfi~ * * * ~~ ~ ~~h (1) or i~ o~m, employ~r ~n~.
I ~ a~ ~at I ~y ~ subj~t W ~ ~n~fi~ und~ ~fion 118 of ~e Pe~ C~e ff I make
~Y s~ment of ma~ f~ ~o~g ~t ~e s~ment ~ fd~ or ff I ~y ~n~
f~
N~e ~ N~e of Reques~Fs ~fion
Si~ ~ Ad,ss of Reques~r
~dltlone or change, indlMt~ by underline; deleflona by astefle~ * · ·
.Nan~
--
$OITh
sub~
pest
envi
oftk
(k
(l
~mp
d~i
F
(~
(~
empi
aent
eide
tare
§ 6:
(i
tion
disc
(t
ind~
(Ar,
1!
T
den
C.O V ERNM ENT CODE
C. ~c. 13Ch~d~/'l)), ff L~e :nd~vidu~ ~ques~g ~e
on ~ or h~ ]~dve, or u~n ~ipt of a ~t
~ sub~t~ ~d d~i~ ~ a ~de ~t by a
~y or ~ of ~e ~ ~ sub~t~ h a p~ly
in~ pubic h~ ~ op~~ ~ ob~ ~d
~ent p~or ~ ~e e~fion of ~e public ~ent
~mr s~ pm~de no~ce m ~s~ ~ ~en
ev~on p~.
~e ~ ~e d~r ~ no~ ~e ~~t
~ ~ ~pt of ~ noOn,on ~ p~de ~e
f ~e ~un~ on w~ ~e ~e ~t p~e~ ~
~ P~ ~ a ~e ~t ~ 15 ~ ~
fi~on ~d s~m~t ~ ~ ~ 45 da~ of ~e
~t or appH~t ~d ~y ~ who ~ ~u~ ~e
l~on by ~ ~. ~ ~e ~mr de~~
a~ norm s~ ~ s~ a ~ not ~n~ ~
, ~en ~e ~m ~ ~ arable ~ ~y ~n
~d~ ~ph (1) of ~on (d) of ~on 10
~d ~ ~e ~nt ~ e~o~ment of P~ph (1)
id~ Fun~ ~d Roden~de ~ ~ not ~n
~ve ff ~ ~p~ble f~e~ co~ jud~t
~d, m ~e ~nt of ~e ~ty.
. - ~ ~P~ ~ oE~on T or ~e
P ~n~ or ~y b~e~ o~ o~ en~ en~ ~
un.es o~er ~n ~e U~ ~ o~ ~ · · ·
~er ~n who in~nd~ ~ de~ve~ ~ ~o~on
~e~ ~e app~ oP ~~ ~n~n~ ~ ~e
~. ~I ~ ~e ro~o~n~ ~Oon ~
3F STATUS
;overnment Code.
*.~ the Department of Pesticide Regulation (o,
,_g~, ct~ ,u~.e) b.y.a v?~dd__e applicant or regts~
ra~ ~oae. I Aereuy aKu-m all of the following
s .of .delive.ring it or offering it for sale to any
o! wh/ch I am an officer, emloloyee~ or ent
ides in countries other than the Un/ted Stat~s~ o~
~ the o~fficers, employee~, o~r agents * * * of such
: the data to be dd/vered to * * * a business or
~loyees~.
~ under Section 118 of the Penal Code ff I make
ent is false or if I wfllfizliy conceal any material
Organization
In_~e; deletions by asterisks * * *
GOVERNMENT CODE
§ 6254.5
Date Request No. * * *Telephone Number of Reouester
Name. Address. and Telephone Number of Re-
ques~r's Clien't, ff * * * the requester has
requested access ~ the information on behalf of
someone other than the requester or the
quester's organ/zation * * * ltsted above.
(i) Notw/thstanding any other providon of this section, the d/rector * * * may d/sclose information
subm/tted by an applicant or regtstrant to any person in connect/on w/th a public proceeding conducted
under law or regulation, if the director determ/nes that the information ts needed to determine whether a
pesticide, or any ingredient of any pesticide, causes unreason~le adverse effects on health or the
env/ronment.
ii) The director shall maintain records of the names of persons to whom data ts disclosed pursuant to
this section and the persons or organizations they represent and shall inform the applicant or registrant
of the names and the affi~tion of these persons.
(k) Section 118 of the Penal Code applies to any ~tion made pursuant to this section.
(l) Any officer or employee of the state or former officer or employee of the state who, because of this
employment or official position, obtains possession of, or has access to, material which is prohibited from
disclosure by this section, and who, knowing that disclosure of this material ts prohibited by this section,
wfllfully 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 wrongt~ disclosure of
trade secrets.
(n) The director may limit an individual to one request per month pursuant to this section ff the
director determines that a person has made a frivolous request~within the past 12-month period.
(Amended by Stats.1996, c. 435 (S.B~02), § 10.)
Historical and Statutory Notes
The in subd. (a), substituted "officer,
employee, or for "employee or agent"; in the first
sentence of subd. "The Director of Pesti-
tide Regulation" for of Food and Agricul.
tare" and "this chapter" California Public Rec-
§ 6254.4. Voter registration
(a) The home address, telephone occupation,
lion shown on the voter registration
disclosed to any person, except pursuant to
(b) For purposes of this section, "home
individual's city or pest office address.
(c) The California driver's license number
(Amended by Stats.1996, c. 724 (A.B.1700),
1996 Legislation
The 1996 amencLmen~ added subcL (¢)
dentiality of the driver's license
card number on a
ords Act (Chapter 3,5 with Section 62rg)) of
Division 7 of Title 1)" second senten~ of sulxl. (e),
substituted 'this for "the Calffomta Public Rec-
ord~ Act"; (h); in subd. (i), substituted "the
dir~r" for Director of Food and Ai~iculture"
pr~ed/ng informat/on"; and made non~ub-
stantive throughout.
number, and prior registration informa-
voters is confidential, and shall not be
Elections Code.
street address only, and does not include an
card number shown on a vote..
to any paten
20; Stats.1996, c. (A.B.1714), § 14.)
and Statutory
Section affected by or mom acts at the same
to confl- session of the legislature, Government Code § 9605.
identification
§ 6254~. Disclosures of waiver of exemptions; application of secti,
Te:rt of section operative until July 1, 1997.
Additions or changes Indicated by underline; deletions by asterisks * * *
~3
SCELLANEOUs
Title 1
,pticant or regis-
'ebv affirm all of
delivering it or
the production,
~ited States or in
nts or employees
data to be deliv-
Section 118 of
:nowing that the
Director of Food
,plicant or regis-
:onducted under
:ion is needed to
~esticide, causes
ns to whom data
'ganizations they
~ names and the
made pursuant
employee of the
>tains possession
sclosure by this
,rohibited by this
any person not
fine of not more
~e county jail for
he state who is
e of any contrao
INSPECTION OF PUBLIC RECORDS § 6254.25
Dix. 7
,~n, Thls section docs not prollibit any person from maintaining a civil action
IOF w4'ongtul disclosure of trade secrets.
,n~ The. director may limit an indMdual to one request per month pursuant
to this section, if the director determines that a person ha~ made a frivolous
request within the.past 12-month period. -
{Formcrlx' ~ 0254.1. ad~d bv Stats. 1984. c. 765. ~ 1.: Renumbered ~ 6254.2 and
amended by Stats. 1985. c.'I~O, ~ 1.)
ive .~ect
Historic~nd St~o~ ~otes
The 198. amendment rcnumbcred~secqion Ano~ ~ 6254.2, formerly ~ 6254.1 added
and inserted thc second sentenc~n subd. (b) by Statsz~4 c 1126 -~ I renumbered
rclatin~ to notice to intercs~ pc,~~~T~;~,,.~d,,a ~,', ~=,,~ ,oe~ . ,n~
- . . . . _ 0_~4 ....... e..~e ..... a.s.,.~o c. ,~
c,'eased the days ~o,' p,'ool~n subd~ ;;~2"-r~'- '' ....
"15 to 30 'days, and~anged t~A=~e~ ~ove,:~=nt t~V
,'eference in the AffiF~ien of Stat~~° a~ a~ =tats. l,80, c. 248,
tion"0254, l"tT4.2"' ~ 50. ~
' . __
~ 6254.25. Memorandum from legal counsel to state body or local agen ;
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 subdMsion (q) of Section
11126 or Section 54956.9 until the pending litigation has been finally adjudicat-
ed or otherwise settled. The memorandum shall be protected bv the attorney
work-product prMlege until thc pending litigation has been finally adjudicated
or otherwise settled.
(Formerly ~ 0254.1, added by Stats. 1984, c. 1126, ~ I. Rcnumbercd ~ 6254.2 and
amended' by Stats. 1985, c. 106, ~ 44. Rcnumbered ~ 6254.25 and amended by Stats.
1986, c. 248, ~ 50: Stats. 1987, c. 1320, ~ 1.)
Historical and Statuto~ Notes ~'
~e 1985 amendment amended and renum- The 1987 amendm~in~the first sentence
}'~}'~c}}~n w,thout change in the text. inserted "to a sta~dy or" following "memo-
~.hc 1986~ment renumbcred the section randum sub~' and inserted a reference to
i~v~}~ti~rt~..in~t s~ntepce '.'an~' other ~ 1112~d~i~-S;~ its legal coun-
h ." . ._.,~,, o~ ~axv snalJ r~n'e the disclosure" sel suant to .
',~'qui~e the disclosure". ~
52.
. unlc~pm corporations . 400.
~X[ ST C J S Reco ~ 60 62 63 O> 93 93
~VESTLA~ Nos. 45, 268, 307A, 326. C.J.S. Reco~0, 62, 63, 05, , -.
{} 6254.3 MISCELLANEous
Title 1
§ 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 b~ 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 inforrna.
tion pertains.
(2) To an officer or employee of another state agency, school district, or
county office of education when necessary for the performance of its official
duties.
(3) To an employee organization pursuant to regulations and decisions of the
Public Employment Relations Board, except that the home addresses and home
telephone numbers of employees performing law enforcement-related functions
shall not be disclosed.
(4) To an agent or employee of a health benefit plan providing health services
or administering claims for health services to state, school districts, and county
office of education employees and their enrolled dependents, for the purpose of
providing the health services or administering claims for employees and their
enrolled dependents.
(b) Upon written request of any employee, a state agency, school district, or
county office of education shall not disclose the employee's home address or
home telephone number pursuant to paragraph (3) of subdivision (a) and an
agency shall remove the employee's home address and home telephone number
from any mailing list maintained by the agency, except if the list is used
exclusively by the agency to contact the employee.
(Added bv Stats. 1984, c. 1657, § 1. Amended bv Stats. 1992, c. 463 (A.B.1040), § 11 eft,
Aug. 10, 1992.) ~
Historical and Statutory Notes
Sections 2 to 4 of Stats. 1984, c. 1657, pro- The 1992 amendment in subd. (a) inserted
vide:
"Sec. 2. It is the intent of the Legislature
that this act shall not apply to any court action
filed prior to April I, 198,~.
"Sec. 3. Nothin~ herein shall be deemed to
affect existing rights under the provisions of
Sections 1798.3 and 1798.60 of the Civil Code.
"Sec. 4. This act shall not be construed to
limit or affect Section 1808 of the Vehicle
Code."
"and employees of a school district or county
office of education"; in subd. (a)(2) inserted
"school district, or county office of education":
in subd. (a)(3) substituted'"and decisions of" for
"adopted by" and deleted "state" preceding
"employees performing law": in subd. (a)(4)
inserted ", school districts, and county office of
education": in subd. (b) inserted % school dis-
trict, or county office of education" and made
nonsubstantive changes.
Code of Regulations References
List of higher education emplovee mailing addresses, see 8 Cai.Code of Regs. § 51027.
List of state employee mailing hddresses, see 8 Cal. Code of Regs. § 40165.
Library References
Records 0=30.
WESTLAW Topic No. 326.
C.J.S. Records §§ 60, 62, 63, 65, 93, 95.
252
CODE
C. Sec. 136hid)(1)), if uhe [ndiv~.du',fl requesdna the
;~cified in subdivision (~;) and si2ms ~e affirmation
~n his or her initiative, or upon receipt of a request
ta submitted and designat~ as a trade secret by a
ny or all of the data so submitted is a properly
interested public has an oppertunity to obtain and
ment pr/or to the expiration of the public comment
~tor shall provide notice to interested persons when
GOVERNMENT COI)E
D~te Request No.
Name. Address, and Telephone Number of Re-
questers Client, ff * * * the requester has
reques~d access to the information on behalf of
someone other than the requester or the re-
quester's organization * * * listed above.
*Telephone Number of Requester
evaluation process. !i) Notw/thstanding any other provision of this section, the ~?* * * may disclose information
trade secret, the director shall not/fy the registrant submitted bY an applicant or registrant to any person in connec'~ion/~ith a public proceeding conducted
unde. r. law or regul.ation, ff the director determines that the inform~on is needed to determine whether a
~s after receipt,., of this notificatioq to provide the ~ pes.uc~de, or a~,, ~ngredient of any pesticide, causes unreaso/gable adverse effects on health or the
envu'onment. ,, ~ /
f the grounds on~ which the trade S/ecret privilege is 0) The director sh~ll maintain records of the names of p~sons to whom data is disclosed pursuant to
mitred by eertifie~i marl.
this section and the p~ns or organizations they represent and shall inform the applicant or registrant
is protected as a trade secret
fication and statement is fried,
;t or applicant and gny party wh~W~thin 45 days of thehas requested the ; (k) Sect/on 118 of the Peh~Cede applies to any~rmat/on made pursuant to this section.
tti?n b..y cort/fied rn~. If the ~lffector determines ~ (l.) Any officer or employee~s~' the state or forp/er officer or employee of the state who, because of this
am nouce shall also ~pedfy a date, not sooner than e.mployment or official position, o~tains posse~n of, or has access to, material which is prohibited from
', when the data sh~ll be av~ilable to any person d~sclosure by this sec_t/on, and who,~nowing~at disclosure of this material is prohibited by this sect/on,
ollub~ctio willfully discloses .the_material in a~ rn~ner to any person not entitled to receive it, shall, upon
/
,?viction, be punished by a .fine of not ~/~re than ten thousand dollars ($10,000), or by imprisonment in
~der paragraph (1) n (d) of Sect/on 10 me county jail for not more than one y/edt, br~y both fine and imprisonment.
,d ~Fme .~..nt ~e~o~..m?t of pa~r~aph (1) ; For purposes of this subdivision, ~/y contrae/~ with the state who is furnished information pursuant to
ide, ung~cme, ana ltoc~en~cide Act has not been this section, or any employ~__~f any eontrae~r~ shall be considered an employee of the state.
~rative if an uuappealal~e/federal court judgment (,m) This sect/on does not pl~ibit any person from h~intaining a civil action for wrongl~l disclosure of
',nformation submitted to. ~.by. an appticant . (n) The. director m~ an individual toone request~l~r month pursuant to this section ff the
Section 12811) of ,f Division 7 of the aireetor determines th~ a person has made a frivolous re/l~.st'within the past 12-month period.
~untries other than the States or in *
,er person who inten& r this information
nless the applicant or ~ consents to the ta _tut°fY
~or shall require the affirmation to-[~ 1996 Legisla~tdn ~ Aet_(C_h_ap.ter 3_J (~oLmnenetng with Section ~.60) of
' *' The 1996 a~~~f-,~.tl?.1)*; ~n_ .tl~s_ee?nd ~entence of subd. (e),
em-la~,,~ -~"~ub.$ti.tu_t~t ~is chapte_r*_fot~x"the Californi~ Public Rec-
~)F STATUS ~. .... ~r~ Act"; rewro~ subd. (h): in"tubd. (i), substituted ~he
s.en and Agriculture'
~overnment Code.
· to the or
all of following § 6254.4. Voter registration information; confidentiality
roes of t or offering it for to any
of which I
m or
the agents * * of such
the data to to * * * a business or
under 118 of the Penal Code if I r~ake
!ent is false or wfllfillly conceal any mat~
__Organization / -
/
~ss of Requeste_r
tln._~e; deletions by asterisks * * *
(a) The home address, telephone number, occupation, precinct number, and prior registration informa-
tion 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.
(c) The California driver's license number or California identification card number shown on a voter
registration card of a registered voter is confidential and shall not be di~!osed to an~, person.
(Amended by Stats.1996, c. 724 (A~B.1700), § 20; Stats.1996, c. 1123 (A.B.1714), § 14.)
Historical and Statutory Notes
1996 Legislation Section affected by two or more acts at the same
The 1996 amendment added subd. (c) relating to confl- session of the legislature, see Government Code § 9605.
dentiality of the driver's license number or identification
card number on a voter registration card.
§ 6254~5. Disclosures of public records; waiver of exemptions; application of section
Te, zt of section operative until July 1, 1997.
Additions or change~ Indicated by underline; deletion~ by a~terisks * * *
§ 6254.5
§ 6254.5
(;()V~;RN-MENT
Notwkhsmnding any other pro~ssions of ~e law, whenever a sram or i~ agency dictions a public
r~ord which is o~e~ ~empt ~m ~ ehap~r, ~ ~y mem~r of ~e pubhc, ~is disdosu~ sh~i
eonsfi~ a waiver of ~e exempOo~ s~ ~ ~ho~ 6~, 6~.7, or other s~ Pm~Ssions of law.
For P~ses of ~ ~hon, "~ene~' ~elud~ a mem~r, ~n~ officer, or empioy~ of ~e a~ncy
aeOng ~in ~e ~o~ of hh or her mem~p, ~n~, offi~, or emplo~en[
~is ~hon, however, sh~ not apply m d~los~:
(a) ~e Pmu~t ~ ~e I~omafion ~fic~ ~t (~mmen~g ~ ~fion 17~ of ~e Ci~ C~e)
or d~ove~ pme~.
~) ~e ~ugh o~er le~ p~~ o~ ~ o~ ~ by ~.
(e) Wi~ ~e ~ of ~o~ of a s~m~ w~ ~ ~o~ of s~ ~ m e~
(d) Not ~ by ~, ~d Pm~bi~ ~ fo~ ~on of ~ ~ le~a~ve ~y of ~e 1~
~nW which ~ ~e ~.
. ~'~'~ ~1 ~ · ~ ~ ~IU~ ' .
~o~afio . . guy ~e ~n m ~ ~ ~ co~den~
. n.. ~y ~o~a~on ob~ bv ~ ~ of ~e ~n~ ~ ~ ~~ ~ ob
~nt~ .+{~_,._ _ e ~c ~ o - ~ ...... ~e
~,smw Y ~ ~ ~ Io ............
· ' P~ w~ ~
~ i~fi~fion or ~ ~ a s~
~ ins~mOon or ~. ~n~ ~ble for ~e ~a~on or sU~ion of ~e
(g) Of ~s m~g ~ ~y ~n ~t ~ su~ ~ ~e ~c~on of ~e De~ent of
Co~mOo~, ff ~e ~los~s ~ m~e ~ ~e ~n ~at ~ ~e ~bj~ of ~e ~s for ~e p~
of ~ve ~on by ~at ~n, or ff a ~mgo~ ~ ~ offie~ ·
· e eo~m~on for ~e p~ of m~flv · , ~r, or o~ k
e ~o~ or ~ ~v o~ ........ ~ ~nnel of
ob~n ~o~on ~m ~at ~n for ~e p~ of ~ ~v~Oon by ~e De~ent of
Co,inflow.
.
~end~ by 8~.1~$, c. ~ (A.B.I~), ~ 1~, eft. ~ 2, 1~$, o~m~ve ~ ~ 1~$.)
~ 6~. Di~losums of public m~; wa~er of exemption; appli~tion of ~ction
No~s~ding any o~er Pm~sio~ of ~e 1
~o~ which is o~e~ ~emnt ~ +[: .... ~, w~enever a s~ or 1~ a~n. ~1o ·
........... cnap~r, m any mem~r of ~ .... ~,,_ ~.d _. ~s a pubhc
m~m~ a ~ver of ~e ~emp~ons
-For P~s of ~is ~Oon, "~ne~' inelud~ ~o~ 6~, 6~.7, or ot~e~uuuc' m ~osum sh~l
~ng ~in ~e ~ of ' ~- [ ....... ~s a mem~r, a~n~ o~r o si~ Pm~io~ of ~w.
~- h~s ....... m~m~mmp, ~n~, office, or empl~-~en[ employee of ~e a~ncy
~ ~on, however, sh~ not apply ~ d~los~s:
(a) ~de P~u~t ~ ~e I~oma~on ~c~ Act (~mmen~g ~ ~on 17~ of ~e Ci~ C~e)
or d~ve~ Pme~n~.
(b) M~e ~mugh o~er le~ P~in~ or ~ o~e~ ~~ by ~w.
(e) Wi~ ~e ~ of d~os~ of a smm~ w~ ~i~ ~los~ of s~ ~ ~
P~ses.
(d) Not mq~ by ~w, ~d pm~bi~ by fo~ ae~on of an ~ec~ le~slaflve ~y of ~e 1o~
agency which m~ ~e ~.
(e) M~e ~ ~y ~ve~en~ a~n~ whi h ~s ~ ~t ~e ~1o~
O~y ~mons au~o~ in ~Ong by ~e ~e .
~fomaOon ~ · . ~ ohm eh~eof~e ~ eO~den~
· · Y ~oma~on ob~ ~n~ sh~l ~ · . ·
~nsm~nt ~ ~,:__, by ~e a ney [~,, ~-, ..... ~~ ~ ob~ ~e
~m,gmw. ~ a s..~ ~,~ m ~ for P~s w~ ~
(D Of ~s mla~g ~ a ~n~ ~s~m~on or ~ ~ ~e~f, ~ ~e d~clos~s ~ m~e ~ ~e
~ ~sOmhon or ~ by a s~ ~ney ms~ble for ~e m~a~on or su~ion of ~e
~ei~ insO~Oon or ~a~.
~dl~on8 or changes Indicted by underline; delefl~8 by asterisk8 * · ·
§ 6254.5 -M I SC ELLANEo[.,~
Title
(dl Not required bx laxv. and prohibited by tormal action c)f' an electec
legislative body of thc local agency which retains thc writings.
(e) Made to any governmental agency which agrees to treat the disclosec
material as confidential. Only persons authorized in writin~ by the person
'-~sharze of thc a~encv shall 'be permitted to obtain the i~f~rmation.
~ormation obtained ~v the azencv shall only ~used for purposes which
con~tent ~vith existing law.
( ) OL~rds relating to a financial in)~ution or an affiliate thereof, if the
disclosures ~ made to the financial i~titution or affiliate by a state agency
responsible for~e regulation or s~ge~ision of the financial institution
affiliate. % /
(g) Of records rela~to any ~son that is subject to the jurisdiction of the
Department of Corporati~, i~he disclosures are made to the person that is
the subject of the records fore purpose of corrective action by that person, or
if a corporation, to an offi~r, ~rector, or other key personnel of the co.ora.
tion for the purpose o.f ~rrectiv~ction, or to any other person to the extent
necessaD' to obtain i~ormation ~m that person for the pu~ose of ~
investigation bv the ~partment of C~orations.
[~dfle~2~ St~t~.l~8~.c~968, p. 3680, ~ 3~Amended by Stats. 1983, c. 101, ~57;
/ ..... .~m anu aeatuto~ ~tes
Ibc 1983 am~dmcnt made no~ubstantk,e ~ '" ~'~ '~ subds (e)and rela'
changes to ma~~ ~ ';", ....... ~ *~ · (O t~ng
Th~ 1987 ~I~Y m gs~mental agencies and ~.
a teuera~a~iction of the Department 0f
shall 7c in xvi'iting to comply :,~-~5:~.'~¢} _ Co¥oratio~}~~-
;Xa'i~x2/rf2;}e;ic~/~93 California legislation.
§ 6254.6. Private industry wage data from federal bureau of labor statis-
tics; 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.
(Added by Stats. 1987, c. 1478, § 1.)
254
I\5t'ECT][()\ ()F P['BI. IC REC()RDS § 6254.7
l~ix.
0254.7. :S, ir pollution data; public records' notices and orders to buildimz
owners; trade secrets; data used to calculate costs of obtaining
emission offsets
~ :\11 int'o~'mation, analyses, plans, or specifications that disclose the nature,
xtc~t, quantity, or degree o[' air contaminants or other pollution which any
title, machine, equipment, or other contrivance will produce, which any air
,,,llt~tion control district or air quality management district, or any other state
local agency or district, requires any applicant to provide before the
,ti~plicant builds, erects, alters, replaces, operates, sells, rents, or uses the
,~t.tictc, machine, equipment, or other contrivance, are public records.
~t)) :All air or other pollution monitoring data, including data compiled from
.lationarS' sources, are public records.
~cl All records of notices and orders directed to the owner of an5, building of
,,i,~lations of housing or building codes, ordinances, statutes, or regulations
,ich constitute violations of standards provided in Section 1941.1 of the Civil
,tlc', and records of subsequent action with respect to those notices and
dots, are public records.
~d) Except as otherwise provided in subdivision (e) and Chapter 3 (commenc-
~u with Section 99150) of Part 65 of the Education Code, trade secrets are not
i,t~i,lic records under this section. "Trade secrets," as used in this section, may
~clttde, but are not limited to, any formula, plan, pattern, process, tool,
~cchanism, compound, procedure, production data, or compilation of informa-
~,,~ which is not patented, which is known only to certain individuals within a
,,~mercial concern who are using it to fabricate, produce, or compound an
tic'lo of trade or a service having commercial value and which gives its user
~pportunity to obtain a business advantage over competitors who do not
':,~xv or use it.
,c) Notwithstanding any other provision of law, all air pollution emission
,t,tl:t, including those emission data which constitute trade secrets as defined in
,~:~dixision (d), are public records. Data used to calculate emission data are
'.,,,I emission data for the purposes of this subdivision and data which constitute
l lade secrets and xvhich are used to calculate emission data are not public
t'C~)l'ds.
~1} Data used to calculate the costs of obtaining emissions offsets are not
;,~hlic records. At the time that an air pollution control district or air quality
:t~'~a~cment district issues a permit to construct to an applicant who is
:~'q~ti~-cd to obtain offsets pursuant to district rules and regulations, data
'd~tail~cd from the applicant consisting of the year the offset transaction
ttlrt'cd, the amount of offsets purchased, by pollutant, and the total cost, by
:",Ill,rant, of the offsets purchased is a public record. If an application is
~;,~'t~icct. the data shall not be a public record.
'~,!d~.d by Stats. 1970, c. 1295, p. 2397, § 2. Amended by. Stats. 1971, c. 1601, p. 3448,
Stats. 1972, c. 400, p. 722, § 1' Stats. 1973, c. 186, p. 488, § 1, elf. July 9, 1973'
",::-IVSl, c. 729, p. 2880, § 2; Stats. 1992, c. 612 (A.B.3785), § 1.)
255
iNspECTION OF PKBIAC RECORDS
I)i~. 7
§ 6254.9
Ma,~t>laitc CoI'p. x..%upc:'ior Court i Mcndocino
C<)tlI:tx Air Oualitx \Ianagcmeln Dist.){App. 1
Db4. 1994) 31 Cai.Rptr.2d 173, 25 Cal.App.4th
1045, 20 Cal.App.4th ~28A, as modified.
6254.8. Employment contracts between state or local agency and public
official or employee; public record
E~c~",' employment contract between a state or local agency and any public
,,tlicial" or pul~lic employee is a public record which is not subject to the
t,t.<~x.isions of Sections 6254 and 6255.
~\ddcd bx' Stats. 1974, c. 1198, p. 2588, § 1.)
Library References
Rc,ords <:~54.
\\'t:STLAW Topic No. 326.
, !.S. Records §§ 99 to 101, 103, 104.
t'.mpensation 1
performance awards and bonuses 2
I. Compensation
Section 54957.1, which requires a legislative
!,,,dx ,,t any local agency to publicly report at its
,cxt publi~ meeting any action taken concern-
~,~, employment of a public employee arising
,,~it ~i anx~ executive session ot' that legislative
I,,,dx. do~'~ not require board of directors ot'
t,,,,pital district to report at its next public
r~wt'tlng action taken by it in executive session
Notes of Decisions
to set the compensation of its hospital adminis-
trator. However. that compensation, as as inte-
gral part ot' the hospital administrator's employ-
ment contract, would still be a matter of public
record under this section. 63 Ops.Atty. Gen.
215, 3-18-80.
2. Performance awards and bonuses
Records of amounts and reasons for perfor-
mance awards granted to city executive manag-
ers are subject to disclosure under Public Rec-
ords Act, Gov. C. §§ 6250-6265. 68 Ops.Atty.
Gen. 73, 4-18-85.
6254.9. Computer software; status as public record; sale, lease, or li-
cense authorized; limitations
la) Computer software developed bv a state or local agency is not itself a
lafl,lic record under this chapter. The agency may sell, lease, or license the
~,dtxvare for commercial or noncommercial use.
~b/ As used in this section, "computer software" includes computer mapping
,~,tcms, computer programs, and computer graphics systems.
,c) This section shall not be construed to create an implied warranty on the
l~,t~'t of the State of California or any local agency for errors, omissions, or
,,tt:cr 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
:~l,~rmation merely because it is stored in a computer. Public records stored in
otto:purer shall ge disclosed as required by this chapter.
~cl Nothing in this section is intended to limit any copyright protections.
\ddcd by Stats. 1988, c. 447, § 1.)
257
§ 6254.10 MISCELLANEOUs
Title I
§ 6254.10. Disclosure of archeological site information not required
Nothing in this chapter requires disclosure of records that relate to arche0.
logical site information maintained by the Department of Parks and Recreation,
the State Historical Resources Commission, or the State Lands Commission.
(Added bv Stats. 1986, c. 876, § 1. Amended by Stats. 1989, c. 732, § 2.)
Historical and Statutory Notes
The 1989 amendment substituted "Recre-
ation.'' for "Recreation or by" and added ", or
the State Lands Commissior~."
§ 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 bv an air pollution control officer pursuant to Section 42303.2 of the
Health and Safetv Code.
(Added bv Stats. 1991, c. 902 (A.B.157), § 1.)
§ 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
Deposito~ and compiled as disciplinarv records which are made available to
the Department of Corporations througl~ a computer system, shall constitute a
public record. Notwithstanding any other provision of law, the Department of
Corporations mav 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.
(Added by Stats. 1993, c. 469 (A.B.729), § 12.)
Law Review Commentaries
Review of selected 1993 California legislation.
25 Pac. L.J. 438 (1994).
_.~. Justitlcation for withholding of recor~
( ed by Stats. 1968, c. 1473~.pi~'2947, ~,,
..... ~ Cross Referenc~e e Fmano~l
Business and industrial de(ielopment corporation records, apron of this section, se '
Code § 31111.,
258
§ 6_,a4.14
~: ): rec,,rds relat, in~ to any person ~at is subject to the jurisdiction of the Depar-~ment of
r;,~.,rat;ons if the disclosures are made to the person that is the subject of the records for the purpose
,,' :orrective action by that person, or if a eorporauon, to an officer, director, or other key personnel of
the corporauon for the purpose of corrective action, or to any other person to the extent necessary to
)brain information from that person for the purpose of an investigation by the Department of
Corporauons.
(h) Made by the * * * Commissioner of Financial Institutions under Section 1909r 8009t or 18896 of
the Financial Code * * *
tAmended by Stats.199§, e. 480 (A.B.1482), § 199, eff. Oct. 9., 199§, operative Oct. 2, 199§; Stats. 1906, e.
1064 (A.B.3351), § ?80, operative July 1, 1997.)
For text of section operative until July 1, 1997, see Government Code § 6£55.5, ante.
Historical and Statutory Notes
1995 Legislation 1996 Legislation
/
The 1995 amendment a~ the end o~sub~ (b), relating to The 1996 amendment, in subd. (h), substituted "Com-
other legal proceedings, added "or as~qtherwise required missioner of Financial Institutions under Section 1909,
by law"; and added subd. (h) relating/f.o~c~fled records 8009, or 18396 of the Financial Code" for "Superintendent
made by ~he Superintendent of Bap~s, thet Savings and of Banks under Section 1909 of the Financial Code or by
Loan Commissioner, or ~he Com)fiissioner'~f Corpora- the Savings and Loan Commissioner under Section 8009
tions. // 'X of the Financial Code or by the Commissioner of Corpora-
Short title, urgency effectivee~(ndd operate rative ~tete,'~onntin- tions under Section 18396 of the Financial Code".
gen~ operation, public policy/and transitional prow~signs Legislative findings and declarations relating to Stats.
relating to Stats.1995, c. 480/(A.B.1482), see Historical ahd, 1996, c. 1064 (A.B.3351), see Historical and Statutory
Statutory Notes under 7cial Code § 116. ~s under Business and Professions Code § 7500~3.
§ 6254.7. Air poll~/tion data; public records; notices ah~ orders to building owners; trade secrets;
da~/hsed to calculate costs of obtaining emi~offsets
~ Notes of Decisions
Emission dat~/ 3 data which qualifled'fo~ protection as trade secrets under
~ Air Toxics "Hot Spots" l~fgrmation and Asse~ment Act,
/ ~ rather than "emissions da't~ subject to disclosure as
~ .~ . /(. . . public record. Masonite Corp."~County of Mendocino
~. ~mi~ion data Air Quality Management Dist. (CRt~.~ns for a Healthy
Man~ffacturer's emission factors indicating rate of emis- Ukiah) (App. 1 Dist. 1996) 49 Cal. Rptr"~l~639, 42 Cal.
sion pf pollutants were "data used to calculate emission App.4th 436. ~
§ 6254.13. Statewide testing pFogram; test questions or mateFials; disclosuFe 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.
(Added by Stats.1995, c. 777 (A.B.958), § 3.)
Historical and Statutory Notes
1995 Legislation might otherwise exist on behalf of the authors of edu-
Section 4 of Stats.1995, c. 777 (A.B.958), provides: cational testing materials."
"It is the intent of the Legislature in enacting this act
to avoid interference with any copyright privileges that
§ 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 consU-ued to
require disclosure of records of the Department of Corrections that relate to health cam services contract
negotiations, and that reveal the deliberative processes, discussions, communications, or any other portion
Additions or changes Indicated by underline; deletiona by aeterleko * * *
§ 6254.14
of the negotiations, including, but not limited to, records relat~ to those negotiations such z~
: ' minutes, research, work product, theories, or strategy of the department, or its staff, or members of th~
California Med/cal Ass/stance Corem/salon, or its st,q.fi, who act in consultation with, or on behalf of, the
department.
Except for the port/on of a contract that contains the rates of payment, contracts for health services
~.:<. entered into by the Department of Corrections or the California Medical Ass/stance Commission on or
after July 1, 1993, shah be open to inspection one year ~ 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,
thee a?~ e. ndment, except for any portion containing rates of payment, shall be open to inspection one year
alter it is fully executed.
Three years after a contract or amendment is open to inspection under this sul:~livision, the portion of
the contract or amendment containing the rates of payment shah be open to inspection.
Notwithstanding any other proviaion 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 u~ the contract or amendment is fully open to inspection by the public.
It is the intent of the Legislatm. e that confident/a]ity of health care provider contracts, and of the
contracting process a~ provided in ~ sulx]iviaion, is intended to protect the competitive nature of the
negotiation process, a~d shah not affect public access to other information relating to the delivery of
(b) The inspection authority and confidentiality requirements established in subdivisions (q), (v), and
(w) of Section 6254 for the Legislative Audit Committee shall al~ apply to the Bureau of State Audits.
(Added by Stats. 199§, c. 749 (A.B.1177), § 4, eft. Oct. 10, 1995.)
Law R~iew ~d Je~m~! Commem~rie,
P~view of ~eleeted 1996 C~ifor~ legislation. 27 P~.
L~J. 349 (1996).
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 diselosure of records t~t are any of the
fotlowing: eorperate financial records, corporate proprietary information including trade secrets, and
information relating to siting witMn the state furnished to a government agency by a private company for
the purpose of perntit~ing the agency to work with the company in retaining, locating, or ex-panding a
facility within Cal~ornia. E×eept as provided below, incentives offered by state or local government
agencies, if any, shall be disclosed upon communieation t~
locate, relocate or e the agency or the public of a d ' '
, xpand, by a company, or umn a,,-Liea-^- ~ ....... ec~lon to stay,
for a general plan amendment, rezone, use permit, building permit, or any other permit, wMehever occurs
· -- r-r- -~,, v.v t~aL company r~) a governrl~el~ta] agel~c~
The agency shall delete, prior to disclosure to the puMie, information that is exempt purauan~ to this
seetion l~rn any record describing state or loeni ineentives offered by an agency to a private business to
retain, loeate, relocate, or expand the business within Californh.
(Added by Stats. l~$, e. 732 (.~B.~l~8), § ~.)
~-~-~.~Justification for withholding of records
q~onstruction ahd~ppfication disclosure of publie
t. to ~flmy sic s in ' ' ~.~,,,~ ~u~we~gh publie intere
1996 50 Dist. pp.4th 1177, r~view
eau~e .......... , ~,~en'e~ ~o O~
- --~- .... ~-~.,a e~. ____~.~?pers request for po~ee depa.,~ent ~nter~! ~n-
& Balancin~ t~ ves.ug~mm~mpO~ of officer m/sconduct w~ scrutinized
particular p t of provisions of California Public Reeord~ Aec (CPRA) since
Penal cad Evidence Code sections were more specific, and
AddlUon8 or changes Indicated by underline; deletions by asterl81(8 * · *
·
· § 6254.10 XII$C£LLANEOU$
', Title 1
~xxx§ 6254.10. Disclosure of archeological site information not required
'"xNothing in this chapter requires disclosure of records that relate to arche0.
lo'~i,~al site information maintained by the Department of Parks and Recreation
the, ,h~,,a, te Historical Resources Commission, or the Stye Lands Commission.
(Addcd'o~Stats. 1986, c. 876, § 1. Amended by Stats. 1989~c. 732 § 2)
. ~ Historical and Statutory NOtes
The 1989 a"~endment substituted "Recre-
ation_,'' for "R_ecr"e~tion or by" and added ", or
§ ~5t__.4f! !._-- .,V_ .°lat~,~rganic compo .~'s or chemical substances information
?0.t, hing in .this chapr~ requir_es//the disclosure of records that relate to
volati!.e ,or. ganic c. omp..ound~or c/h'emical substances information received or
compiled by an air pollution ~t'rol officer pursuant to Section 42303.2 of the
He.a. lt.h.and Safety Code.
§'----:--~---'/-'----x6254'12'__Br°ke'~ea'er ,,censeinlol~ation; disciplinary records
~_n~:_~.n. for,~a!!on/~',ep, orted, t.o the ~N~orth Ai~rican Securities Administrators
Ass'oci.a. tion/Na[i,0fla, .a, ss.omat~..on, o.! SecuritiesX, x~ealers' Central Registration
Dep°sit°~'plinary records'Xwhich are made available to
the,_,.DePartm,/~t~o,f.Co.r, P0rati,o. ns throug, h a comput?r~stem, shall constitute a
public re.c~a. ~'~ot.w. ,t.nstan.mng a_ny other provision of'lq,w, the Department of
Corpora~,o~ns. may discl~ose, th,a.t inf0rm~atio_n and the curre'h,k,[icense status and
the en or oral
re
(^
~ Law Review Commentaries
Review of selected 1993 California legislation.
25 Pac. L.J. 438 (1994).
§ 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.
(Added bv Stats. 1968, c. 1473, p. 2947, § 39.)
Cross References
Business and industrial development corporation records, application of this section, see FinanCial
Code § 31111.
258
iC ELI.ANEO['S
Title 1
orally
.~t~'c .)t records o[
al ,)x trial court to
commned in docu.
m disclosure and to
Northern Call[or.
v. Craig (App. 3
73. 90 Cal.App.3d
.horizc selective dis.
citizen with disclo-
lack Panther Party. v.
17 Cal. Rptr. 106, 42
:odians
:ords have been de-
,r restricted they are
nspection, but custo-
ax' inspection beyond
~e law or by require-
that originally creat-
)n. 15 Ops.Atty. Gen.
to an individual the
I1 public records, and
placed thereon, any
;d to inspect all such
odian may not deny
is to use information
.~ss or in aid of com-
Ic writing, such use
· scandalous. 15 Ops.
~encv's administrative
- unl~ess agency itself
} 0254. Berkeley Po-
lev (App. 1 Dist. 1977)
.~pp.3d 931.
itself seeks records
d not discoverable un-
Act /§ 6250 et seq.)
,tion or public interest,
ek information about
)t be permitted. Los
Superior Court for
tpp. 2 Dist. 1977) 135
~.3d 661.
Act. burden of showing
nts is too onerous lies
State Bd. of Equali'
.' (Associated Sales Tax
3 Dist 1992) 13 Cal.
iNSPECTION OF PUBLIC RECORDS
l)i',. 7
· ·
<,,,,.c;nm~rnal agency that socks to xv~thhold
,L,~[i< -w~Ol'Cts has bui'den to iu~tttv.
~td~C'to~urc: ~pccitic exemptions ['rom ~cncr-
.. ~-~ht to cisclo~urc of inlormation about pub-
_
lC })HblI1Cbb aFL' narrowly construed to CDSLIrC
:~ax~nmm dis~sure of conduct of zovernmen-
'al opcration~ a~ agency may withhold records
§6256
Burden ot cstablishmv exemption under Pub-
llc Rccord~ Act ~9 0250 ct scq ~ is upon public
atzcncv. Valleios v. California Highx~'ay Patrol
,App. 2 Dist. 19791 152 Cal. Rptr. 840. 89 Cal.
App.3d 781.
Under this section, proponent of confidentiali-
tx' has burden of demonstrating clear overbal-
ance of interest on side of confidentiality.
Black Panther Party v. Kehoe (App. 3 Dist.
~i it can dcmonstrat..e that public ~nterest sen'ed 19741 117 CaI.Rptr. 106. 42 Cal.App.3d 645.
~ not rnakint~ rec~5'r~ public would "clea'rlv .,., .-. .
)~tx, ei~'h" pub)it intere"~served bv disclOSure, at.~. ~,ewew .......
' - ~ ' ~" " ""-- ' '" ' />' I ' lrial court acted in excess ot its jurisdiction
',(oxy York limes Lo. v....~tlpt~rlOr ~ourJ./lkao eta .
.... A '~ Dist 1c)90' 268/Cal R tt when it required newspaper to give reasons whv
\V'ttcr LJ~st.) t pp. ~ '. :] fir t,' . p '. -
' ~ .............. court should not limit access to water district's
~ 18 Lal ,q 3d 131'9.
_ 1. - ' PP' ~4-, records of customers who exceeded their water
hc burden of demonstrating nee fol non lloc
T .... ' tg,,,t( ne 'i:l, xfor - a ations and, thus, writ of review or certiora-
,~_Io~urc of a ubl~c record upon thcNa,genc~ n ~a v v
dj.' ' ·,'-',,P " ·. J jif'upon. ' ,' .' ' ' s a affable.' New York Times Co. . Supe-
claiming the ~=ht to wuhl3oqd the informat~.~ riot Court (Goleta Water Dist) (App. 2 Dist.
Braun v. City of Taft (.,P61ston) (App. 5 Dist.'Xx 1990) 268 Cal. Rptr. 21, 218 C'~l.App.3d 1579.
1984) 201 Cal Rptr 6 154 Cai App 3d 332
~ ' . . 6/54, 154 Cal.) . 332. 'X~ourt of appeal had duty to evaluate conflict-
Burden of demon?drating need for confidcm- ing"~im for confidentiality of adoption pro-
tialitv of all of m.,aSerials in application file or ceeding'S'-~nd for relevant evidence of a necessi-
doct(ment which/is not expressly exempted rests ty and con~nce for the appointment of a
,,n agen~ priw'l~ge..Johnson v. W~zm'i~-.u,.~u~rior ~ourt In and For
tcr (App~__.r,~ist. 1982) 179 Cal. Rptr. 585, 127 Alameda County (App--_88 Cal.
qaI.App.3d 435. Rptr. 806, 10 Cal.App.3d 286.
§ 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
l0 days after the receipt of such request whether to comply with the request
and shall immediately notiN the person making the request of such determina-
tion and the reasons therefor.
~AddedbvStats. 1968, c. 1473, p. 2947, § 39. Amendedbv Stats. 1970, c. 575, p. 1151,
q 3' Stats. 1981, c. 968, p. 3680, § 3.1.)
Historical and Statutory Notes
The 1970 amendment rewrote the first sen- The 1981 amendment added the second para-
:once which prior thereto read "Any person graph relating to the ten day period for determi-
:aav receive a copy of any identifiable public nation of whether to comply with the request.
:,'cord or shall be provident with a copy of all
:tm)rmation contained therein."
Forms
West's California Code Forms, Government.
Law Review Commentaries
California Public Records Act. 4 Golden
{,,to U.L.Rev. 203 (1974).
265
LB;k-
Title I
tI~)i~..\itkcn. ~ 135.
13 Cal. Rptr.2d 342 10 Cal.
.w dcniud. '
~ination Guide" and the
o and "Unemployment In-
taintaincd bv department of
uvelopmcnt' were "identifi.
~g of this section providing
ay receive a copy of any
'cord. Rosenthal v. Hanse~
I10 Cal. Rptr. 257, 34 Cal.
: of record
ic record all persons have
-mitted bv the Public Rec-
:q.) and a person who may
ticular record sought does
rsonally affected, have any
'person to examine record
ct person has no right to
record to any other per-
~olice Dept. 'v. Superior
Los Angeles (App. 2 Dist.
575, 65 Cal.App.3d 661.
u'dians have the right to
,vritten reports of their
ol district mental exami-
.~en. 05, 1-10-75.
rial
igh school district must
xtbook or other written
sed in the district pursu-
~panied by the requisite
~e California Public Rec-
:1.) unless: (a) it is test
isclosure bv the act;
ld infringe~ a copyright;
py would constitute an
n the operation of the
n. 186, 3-3-81.
ested nonexempt docu-
~- ~v manner, for pur-
ic Records Act, where
t in city's possession or
re promptly disclosed
ble. Rogers v. Superi-
k) (App. 2 Dist. 1993)
Cal.App.4th 469, as
i\SPECTION OF PUBI~IC RECORDS § 6257
I)ix- '7
g 6256.1. Extension o[ time for determination in unusual circumstances'
notice
In unusual circumstances, as specified in this section, the time limit pre-
,cribed in Section 6256 mav be extended by written notice bv the head of the
a2cncv 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 speci~ 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.
(Added by Stats. 1981, c. 968, p. 3680, § 3.2.) .......
Library References
Records ¢=~34.
WESTLAW Topic No. 326.
C.J.S. Records §§ 63, 64, 72, 74, 75, 86.
§ 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.
(Added by Stats. 1981, c. 968, p. 3680, § 3.3.)
Library References
Records ~62.
WESTLAW Topic No. 326.
C.J.S. Records §§ 95 to 131.
§ 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,
267
33
§ 6257 .,~11S£-ELLANEO[,s
Title I
up()r~ pax'rncnt t)t lc'cs cove, ring direct costs ot' duplication, ()r a ~tatutou fee, if
applicable. Any reasonablysegrcgablc portion ofa ~'ccord ~hallbeprovidedt0
any pcl-SOl3 rcqucstin~ such record after deletion of thc pOl'liolas which are
exempt by law.
(Added by Stats. 1981, c. 968, p. 3680, 5 3.5.)
Historical and Statutory Notes
Former § 0257, added by Stats. 1968, c. 1473, Derivation: Former § 6257, added by Stats.
§ 39, amended by Stats. 1975, c. 1246, § 8; 1908, c. 1473, p. 2947, § 39, amended by Stats.
Stats. 1970, c. 822, § 1, relating to copy request 1975, c. 1246, p. 32 § 8; Stats. 1976 c. 822,
fees, was repealed by Stats. 1981 c. 968, p. 2024, § 1. '
3680, § 3.4. ' P'
Cross References
sts of tax assessors providing information and records at requt of parties, processing fees not
withstanding this section, see Revenue and Taxation Code 409.
ion of names from public records, see Health and Safety § 1439.
orion of court records of civil actions, see Government § 68152.
Prol characteristics information from tax assessor, ft notwithstanding this section, see
venue and Taxation Code § 408.3.
Library
West's ifornia Practicc~California Evi-
dentiarv bjcctions, Aitken, § 135.
Notes of
City council me,
Direct cost 6
Identification 2
Indigents 4
Public record 1
Statutory fees 5
Waiver of fee 7
1. Public record
Written traffic accident re and
retained by California highway ttrol during
thc year 19'76 were "public reco nder Pub-
lic Records Act (§ 6250 ct [lejos v.
California High\ray Patrol (t 1979)
152 Cal. Rptr. 846, 89 Cal.A >.3d 781.
2. Identification
Court (Associated Sales Tax Consultants, Inc.)
(App. 3 Dist. 1992) 13 Cal. Rptr.2d 342, 10 Cal.
App.4th I 177, review denied.
3. City council meetings
Where thc city clerk makes an authorized
tape recording o(a city council meeting to facil-
itate the preparation of the minutes: (a)any
person has a right to inspect the tape which
includes the right to listen to the tape on equip-
ment provided by the city, (b) any person has a
right to receive a copy of the tape which in-
cludes the right to buy a duplicate copy from
the city or to make a d'uplicate copy on his own
equipment but does not include the right to
have a written transcript made, and (c) the ape
recording may be destroyed at any time if the
purpose for {vhich it w~.s made and retained
was solely to facilitate the preparation of the
Size of request for di of public minutes df the meeting but if the tape was made
ords is not measure of )~vnet request reason, or retained to also ,',reserve its informational
ably describes identil/iable record' issue is ...... ~' .... ~.,
,- .~ , , / , . , . .' _. content IOr pUDIIC relerence it may un,~
wnemer recoms can 9,e lOCatea wittl reasonable ~[estroved as exm'esslv authorized by state law.
effort State Bd o~' Equalization v Superior 6~" ' - -._. - t~ ,...' .....
~ ' : ~- ' ' o~tJps.^ttv.taen. 31/, .q.--ll--61.
Lourt (Associated ~ales Tax Consultants, Inc.) ~'
(App. 3 Dist. 1992)/13 Cal. Rptr.2d 342, 10 Cal. 4. lkldigents
App 4th 117/ lex' \~ denied Resource~
. ', ' v)/ew der . TheNINarren-Alquist State Energy
Public Records/ Act's identification require- ConservXal. ion and Development Act (Pub. Res:t,.
ment ina3' not be/used by government agency as § 25000 eXkseq.) as \yell as this section and
metho, d of wittln/ho dingolding records or refusing to common la'doctrine allowina indigents to p.ro'
provide requeSl/fnglparty~with means by which ceed in forn~ pauperis do ~tot authorize tl~
he rna3' reasor/ably describe identifiable docu- commission toX,,'-lower the "threshold" or lo
ment State d of E uahzauon \ Su erlor waive r an
· . ~3d. of Eq~ " ' '. p ' waive certain paXi~cipation costs fo ' '
~ 268
Title l
Pro~idcd to
Which are
:r ~ 0257, added bv Stats.
7. ~ 39, amended b'v Stats.
2, >~ 8: Stats. 1976,'c. 822,
)arties. processing fees not
439.
3152.
~tanding this section, see
es Tax Consultants, Inc.)
Cal. Rptr.2d 342, 10 Cal.
denied.
rigs
'k makes an authorized
· council meeting to facil-
of the minutes: (a) any
inspect the tape which
ten to the tape on equip-
· ity, (b) any person has a
v of the tape which in-
,' a duplicate copy from
_]plicate copy on his own
ot include the right to
)t made, and (c) the tape
:'oyed at any time if the
.vas made and retained
the preparation of the
but if the tape was made
-~serve its informational
~rence it mav only be
mthorized b? stare'law.
-17-81.
;tare Energy Resources
3pment Act (Pub. Res. C.
as this section and the
[owing indigents to pro-
do not authorize the
.he "threshold" or to
on costs for an interest-
i\SI'ILC'I'ION ()F P['BI.IC RI~,C()RI)S
I)i~. 7
~:,. X'~tx.(Jun 220. ~-~1-7~,.
; Slatt]lory fees
t ~,:ut ut .Appeal xvonld not gralqt specific
t,: ,uncicr Public Records Act to nonprofit orga-
tt/zttiCm seeking relief from Department of Edu-
~.ttu)n's requirement that it pay all costs of
,,pxing, other than determining that Depart-
::~unt could recover only direct costs of copying
u~d that Department could waive lee: amount
~,~ bc refunded, costs at trial and appellate level.
u~d ztttorney fee award would best be deter-
;~cct by trial court. North County Parents
~)~ ~aniz~tion for Children with Special Needs v.
I)c~¢artment of Educ. (App. 4 Dist. 1994) 28
c aI.Rptr.2d 359, 23 Cal.App.4th 144, rehearing
denied, review denied.
Public Records Act provision allowing agency
to adopt requirements allowing greater access
to records than minimum required standards
permits agency to reduce copy fee. North
County Parents Organization for Children with
Special Needs v. Department of Educ. (App. 4
Dist. 1994) 28 Cal. Rptr.2d 359, 23 Cal.App.4th
144, rehearing denied, review denied.
Fcc charged by the Department of Motor Ve-
hicles under Ve~.C. ~ 1811 providing that the
Department may sell copies of all or any part of
its records and that its charge be suf~cient to
pay at least entire actual cost to the Department
of copies is a "statuto~ fee" under Gov. C.
§6258
It)t- copies of rccouds: thus. the Dcpaut:ncnt
could char2c a fee in excess ot thc actua'. ~o,t5
otmaking(hccopies plaintilf, sought. Shippcn
v. Department of Motor Vehicles ~App. 3 Dist.
1984) 208 Cal. Rptr. 13. 161 Cal.App.3d t119.
6. Direct cost
Public Records Act provision allowing agency
to charge fee covering "direct costs of duplica-
tion'' only allows agency to recover costs of
copying documents, and "direct cost" does not
include ancillary, tasks necessarily associated
with retrieval, inspection, and handling of file
from which copy is extracted. North County
Parents Organization for Children with Special
Needs v. Department of Educ. (App. 4 Dist.
1994) 28 Cal.Rptr.2d 359, 23 Cal.App.4th 144,
rehearing denied, review denied.
7. Waiver of tee
Trial court's determination that agency was
not obligated under Public Records Act to waive
copy fee had to be reversed, where agency de-
clined to exercise discretion to reduce copying
fee based on erroneous contention that it had no
discretion. North County Parents Organization
for Children with Special Needs v. Department
of Educ. (App. 4 Dist. 1994) 28 Cal. Rptr.2d 359,
23 Cal.App.4th 144, rehearing denied, review
denied.
§ 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
eight 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 hear-
ings 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.
IAdded by Stats. 1968, c. 1473, p. 2948, § 39. Amended by Stats.1970, c. 575, p. 1151,
§ 4; Stats. 1990, c. 908 (S.B.2272), § 1.)
Historical and Statutory Notes
The 1970 amendment inserted, in the first The 1990 amendment inserted "or writ of
sentence, "for injunctive or declarative relief" mandate"; and made nonsubstantive changes.
and "or class of public records".
Cross References
Deletion of names from public records, see Health and Safety Code § 1439.
Law Review Commentaries
California Public Records Act. 4 Golden
Gate U.L.Rev. 203 (1974).
269
35'
MISCELLANEOUs
§ 6258 Title
Notes of Decisions
Civil actions for damages 4 Nonprot'it organizauon's action [-or relief from
Costs 3 Department o1' Education's requirement that it
pax' costs of copying all appellate hearing deci.
1. vurpose~ ......... e ' ~as cn public records. North County Parents Organi-
.ub.c ?& om 'oi t'o,' eeds
ob ec e el increasing '' 4 ist 1994 28
acted with object'kye ..... partment of Educ. (App. 4/13 . ) Cal.
and ~t desi ned to rove puonc
information and it",i{ g ~ ~ ,,. Rmr.2d 359, 23 Cal.App_,,A{h 144, rehearing de.
access to information in possession o~ pUollC
· , . ~ ,. ,_, . ,-. . nleo review oemca.
aa~;~;~ets.° il~of~rAm~agtic~ens~llce L~ept. v. ~uper,or
rt for County of Los ngeles (App. 2 Dist ........
¥ourt for County of Los "&.nl I ~, LIVll action~ tor damages
~'~¥; 135 Cal. Rptr. 575. '6{ Cal.App.3d 06 . '
1977) 13~ CaLl<pm ::~>. oO~ Califorqi~statute authorizing person whose
2. Pupil records ~ rights~e been interfered with to bring civil
~t written repof~ el their ~, ....... v ................
~,ct. w.nt.t.en fepop~ , · /~edent who was shot by deputy sheriff
chtldren s school district men i exann-/
~hool district rn~en_t~l ",~ to bring action for wrong, ful death assault and
~..Arty. Gen. 65, 1-10-75.X,
of consortium and
3. Costs ~ (,[-~i;i(~n ;f~Californi~a P_ublic Records Act.
ego, S.D.Cal. 1994,
bv deputy sheriff
ty,' sheriff, or dep.u-
Governmen!. ,Cod~.
here court did not
tifwng pubhc rec:
· or
perly withheld .and
se deputy's mot?.n
at claim. Reyno_?~
S.D.CaI. 1994,
' ~" ' · FSupp 1064
denied, review denied. · ' '
§ 6258.5.
Addition of this section bv Stats. 1975, c. 1231.
p. 3123, § 2, relating to x(,rongful withholding
of public records by a public entity, failed to
become operative urider the provisions of § 5 of
Stats. 1975, c. 1231, which provided:
"Section 2 of this act shall become operative
only if Assembly Bill No. 23 [Stats. 1975, c.
Inoperative
Historical and Statutory Notes
1246] of the 1975-76 Regular Session is not
chaptered, or if Assembly Bill No. 23 is chap-
tered, if it does not bdcome effective on or
before Januao' 1, 1976."
§ 6259. Order of court; review; contempt; court costs and attorney fee~
(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
270
Ti tie 1
:i,,:~. rcct~irt:mc~t that it
t) · t,: h,
~pccial cducationa] ser.
Records Act provision
tivc t)r declarative relief
:'n~urcc right to copies of
Ctmnty Parents Organi.
Special Needs v. De-
4 Dist. 1994) 28 Cal.
p.4th 144, rehearing de-
mages
horizing person whose
~red ~vith to bring civil
s not provide any sub-
did not authorize wid-
; shot by deputy sheriff
gful de~th, ass~uh and
loss of consortium and
Public Records Act.
n Diego, S-D.Cal. 1994,
~ot bv deputy sheriff
unty, sheriff, or depu-
ith Government Code
where court did not
ientifying public rec-
,roperly withheld and
rose deputy's motion
hat claim. Reynolds
S.D.CaI. 1994, 858
.Ilar Session is not
:ill No. 23 is chap-
ne effective on or
I attorney fees
perior court of
d that certain
:he public, the
the records to
)t do so. The
, if permitted
i\SI'I'XTION OF Pt'BI.lC RECORDS ,~ 6259
,, ,tlbdivision (b; c~t Section 915 of thc Evidence Code. papers tilcci bx thc
:~c~l'tic- and any <)ral argument and additional evidence as thc court may allox~'.
~b; It the court finds that the public official's decision to refuse disclosure is
~c)t ustified under Section 6254 or 6255, he or she shall order the public
official to make the FecoFd public. If the judge determines that the public
official was justified in refusing to make the record public, he or she shall
~-eturn 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 demon-
strates it will other~,ise sustain irreparable damage and probable success on
the merits. Any person who fails to obey the order of the court shall be cited to
show cause why he or she is not in contempt of court. - ....
(d) The court shall award court costs and reasonable attorney fees to the
plaintiff should the plaintiff prevail in litigation filed pursuant to this section.
The costs and fees shall be paid by the public agency of which the public official
is a member or employee and shall not become a personal liability of the public
official. If the court finds that the plaintiff's case is clearly frivolous, it shall
award court costs and reasonable attorney fees to the public agency.
(Added by Stats. 1968, c. 1473, p. 2948, § 39. Amended by Stats. 1975, c. 1246, p. 3212,
§ 9; Stats. 1984, c. 802, § 1' Stats. 1990, c. 908 (S.B.2272), § 2; Stats. 1993, c. 926
(A.B.2205), § I0.)
Historical and
The 1975 amendment added the fourth, fifth
and sixth sentences of the second paragraph,
relating to court costs and attorney fees.
The 1984 amendment designated the existing
text as subds. (a) to (d); inserted the first sen-
tence of subd. (c) relating to appeal; and insert-
ed gender neutral language throughout the sec-
tion.
The 1990 amendment, in subd. (c), substituted
"1991" for "1985", and inserted three sen-
Statutory Notes
tences relating to filing a petition for review of
an order, increase of the time period in which
to file a petition when the notice is served bv
mail, and stays of orders or judgments: and
made nonsubstantive changes.
The 1993 amendment, in subd. (c), in the
second sentence, substituted "20 days" for "10
days" following "file a petition within" and
inserted "an additional" following "not exceed-
ing''.
Cross References
Contempt for failure to disclose privileged information, see Evidence Code § 914.
Determining incriminatoO' nature of privileged evidence, see Evidence Code § 404.
271
~I I S C I(I~ LA N EO US
Title 1
~){' .%tatutcs for chapter para-
1' rcfcrcncc, s t() paragraphs dis-
~ection.
0rds open to inspection and
'lug was not warranted in that
~ primarily to protect his repu-
~er of the city council, rather
:r of the public seeking with-
nation. Braun v. City of Taft
Dist. 1984) 201 Cal. Rptr. 654,
32.
petitioner seeking disclosure
rant to Public Records Act
t seq.) of financial statements
· rate increase city granted
,npany, was entitled to costs
:torncv fees incur,'ed in bring-
ate below, as well as in peri-
ppeal for review. San Gabriel
or Court of State of Cai. (App.
Cal. Rptr. 415, 143 Cal.App.3d
rty
nnist was not prevailing party
nd attorney fees under Califor-
s Act based upon city's failure
mm~cnced to provide request-
~ tbr convention attended by
bors, where city never denied
nt documents and in fact pro-
suh of search instituted prior
.int. Rogers v. Superior Court
~ (App. 2 Dist. 1993) 23 Cal.
~al.App.4th 469, as modified.
dered "prevailing party" if his
ffendants to provide primary
ctivated them to modify their
gation substantially contribut-
onstrablv influential in setting
process which eventually
resuh. Behh v. Garamendi
) 283 Cal. Rptr. 829, 232 Cal.
ation" requirement for award
tnder the Public Records Act
party obtaining settlement to
aid have prevailed on merits.
I\SI'F-CTI()X ()F I~UBI. IC RECORDS
l)ix. 7
. ,. ,,ItllCl/t5 l-c~ill'diIIZ iI1MIl'atlcC COlllpAllk, did
:,tcx:~d in litigatmn" ~o as to bc cnntlcd to
,t'[~ ~t~ d ol~ltorncv tcc~ under thc Public Rccord~
X,t. c~cn thigh documents ;yore produced bx
x ~ ttx' ¢)1 insurat~'c compans:s COllScnt Io disclo-
>tt~'c rather than ~udicial determination: trial
,ot~t't necessarily c~ncludcd that protcssor'~
§ 6260
6. Sutllciencv of evidence
In ~a~c~ ~uch as ~hc:'c ;tare tlnlVt.'I'%l:~, c'III-
pl~xcc, attcr dlsciptina~ ,anctmns had bccn
imposed upon her or an attclnpt had been rna&'
to impose such sanctmns upon her. rcN)rtcd
acts of alleged fina$t~ial irregularity by t~t) ol
her ~upcriors and iht chancellor ordered "audit
invcstigation'~,Of the chargc~ and voluminous
"audit repo~" was furnished him, it wa~ mate-
rial, to right of information under Public Rec-
ords ~t. whether recorded complaint x~'as of
sub~(antial nature and whether there was rea-
~iailn was not tmoou.%Njn denying Inst.rancc
C'omini.ssioner's attorney I~ request. Behh v. ~ablc cause to believe complaint to be x~'ell-
Gai'amcndi (app. I Dist. 19~)283~m.~ptr/jM°unded' and where court throu~h~ in camera
<'o 232 Cal. App.3d 890. N ,- examination found that repro1 had concluded
~- ' ~ // that many accusations were unsupported by evi-
......... x ~ --/ dcnce but there were exceptions disclosure
5. ,4warn to pumlc emnv x, ./ ........ · " ' .
' ~ snoula nave peen allox~'e0 with respect to such
.kx~'u'd of costs to city in proceed' indcr linn~ 'cnn ' n n ·
.... . :c~M~g~ cxcep ..... s. Amertc__ Fcderano_ ~f State
C.dilt,'ni't Public Records Act was ~use offdis
' ' ' --f ....... x'- Lountv alia MUmClpal =mp. {aracm~l. LOCal
ct'etlon in absence of showing t~t challcngc~ I~'O
nondisclosurc of records ol ~' ~cil mem-~
bc~'s' ,'eimbu,'sed telephon~all~~'ploEs.
Roucrs v. Superior Co~ fCity of ~ank) "~
,Aft'. 2 Dist. 1993)~~~M. 7. R~w
kpp.4th 469 as mo hod
disclo-
Axxard of co~~f public~,pursuant to Public Rcc-
,'.'.ia P,,~~~~,n~i,' meri,, i,, con-
actions i~n for issua~ extraordina~'
lou~. ~~~ity of Bur- writ of review. Times Mirror C~ v. Superior
bank~ {App. 2 Dist. 1993) 23 CaI.Rptr.2d 412, 19 Court (State) (1991) 283 Cal. Rptr. 893, 53
Cal.App.4th 469, as modified. Cal.3d 1325, 813 P.2d 240.
§ 6260. Effect of chapter on prior rights and proceeding~
The provisions of this chapter shall not be deemed in any manner to affect
thc status of judicial records as it existed immediately prior to thc effective date
of this section, nor to affect the rights of litigants, including parties to adminis-
trative proceedings, under the laws of discovery of this state, nor to limit or
impair any rights of discovery in a criminal case.
iAddcd by Stats. 1968, c. 1473, p. 2948, § 39. Amended by Stats. 1976, c. 314, p. 029,
~2.)
Historical and Statutory Notes
Tine 1976 amendment inserted "nor to limit
0r impair any rights o[' discovery in a crinlinal
.,
case .
Law Review Commentaries
California Public Records Act. 4 Golden
Gate U.L. Rev. 203 (1974).
Discovery of governmental information, l0
U.C.Davis k. Rev. 367 (1977).
Private means to public ends: Implications of
the private judging phenomenon in California.
17 U.C.Davis L.Rev. 01 I (1984).
Library References
West's California Practice--Probate Court Practice, Goddard, § 55.
273
38
§ 6260
In general 1
Abortion records 4
Ac~counting by defense counsel in capital cases
Construction with other laws 2
Police records 5
Publicwrec;rds, generally 3
1. l~eneral
CourtX}~s inherent power to control its own
records toXl~otect rights of litigants before it,
but where the~is no contrary statute or coun-
tervailing public'~Qlicv, the right to inspect pub-
lic recor~d~ must'b~reelv allowed. Matter of
~I-~'--l~state (App.~'Dist. 1977) 136 Cal/
Rptr. 821, 67 Cal.App.3d~7. /
2. Construction with other'loNws
N~ality provisioXsks ~ -qf. &
Inst. C. § 5328 do no{ affect proc s under
the Lanterman-Petris-Short Act as judicial
records are public, but judicial ~ncern-
ing commitment of mentally ab] sex of-
fenders, (Well. &Inst. C. § 645 ini-
tial proceedings concerning and n-
dent children in juvenile co~ (Welf. & In C.
§ 827) and prepetition ew reports
cerning mentally (Well. &
§ 5202) are con~identi. 53 Ops.Atty. Gen. 25,
1-23-70.
3. Public generally
Court are "public records" available
to the publil general, including news report-
ers, unlesy a special exception makes specific
records/fionpublic. Matter of Hearst's Estate
(App~ Dist. 1977) 136 Cal. Rptr. 821, 67 Cal.
A,FIS. 3 d 777.
Judicial records of proceedings related to the
mentally disordered, chronic alcoholics, mental-
ly retarded, mentally disordered sex offenders,
narcotic drug addicts, habit forming drug ad-
MISCELLANEOUs
Title 1
Notes of Decisions
dicts, mentally disordered cri'minal offenders
and conser~'atorship proceedings are public rec.
ords. 53 Ops.Atty. Gen; 25, 1-23-70.
4. Abortion recorc~~
Records conce therapeutic abortion in.
formation on ividual hospitals, but not as to
individual normally must be made
available inspection by the public and news
media usual department controls. 55
O 369, 9-29-72.
5. records
department records concerning investi.
~tion of citizen complaints against policemen
are subject to discove~ and hence disclosur~
where good cause is shown in both criminal
and civil trials. Berkeley Police Ass'n v. City of
Berkeley (App. I Dist. 1977) 143 Cal. Rptr. 255,
76 Cal.App.3d 931.
6. Accounting by defense counsel in capital
cases
The accounting that defense counsel must fur.
nish at the termination of the proceedings in a
"capital case" under Pen. C. § 987.9 is confiden-
tial and is not open to inspection by the district
attornev or the public until such time as the
judgment is final. 66 Ops.Atty. Gen. 407,
11-2-83.
7.~Review
In,much as orders of probate court cutting
off public access to and sealing probate files in
an estat~did not purport to operate as a direct
restraint ~x newspersons from publishing any
information,'Xhe "clear and present danger test"
did not apply"xin determining propriety of the
orders, and the }ssue on review was the reason-
ableness of the sealing and unsealing ordem
under circumstances of the case. Matter of
Hearst's Estate (App. 2 Dist. 1977) 136 cal.
Rptr. 821, 67 Cal.App.3d 777.
§ 6261. Itemized statement of total expenditures and disbursement of any
agency
Notwithstanding Section 6252, an itemized statement of the total expendi'
tures and disbursement of any agency provided for in Article VI of the
California Constitution shall be open for inspection.
(Added by Stats. 1975, c. 1246, p. 3211, § 3.5.)
274
IXfi?ECTION OF PUBLIC RECORDS § 6265
i)ix. 7
.~ 6262. Exemption of records of complaints to, or investigations by, any
state or local agency for licensing purposes; application to dis-
trict attorney
Thc exemption of records of complaints to, or investigations conducted by,
.t~v state or local agency for licensing purposes under subdivision (f) of Section
0254 shall not apply wh~en a request for inspection of such records is made by a
district attorney.
\ddcd by Stats. 1979, c. 601, § 2.)
Library References
Rocor-ds 0=54.
WESTLAW Topic No. 326.
t.J.S. Records §§ 99 to 101, !03, 104.
,,_63. District attorney; inspection or copying of nonexempt public rec-
ords
5 state or local agency shall allow an inspection or copying of any public
~'ccord or class of public'records not exempted by this chapter when requested
by a district attorney.
\ddcd by Stats. 1979, c. 601, § 3.)
Library References
Records ~=53.
WESTLAW Topic No. 326.
('.J.S. Records §§ 99 to I01.
6264. Order to allow district attorney to inspect or copy records
Thc district attorney may petition a court of competent jurisdiction to require
~tatc or local aeenc~v to 'allow him to inspect or receive a copy of any public
~'cord or class o(pub~lic records not exempted by this chapter when the agency
lail~ or refuses to allow inspection or copying within 10 working days of a
~CClUCSt. The court may require a public agency to permit inspection or
~,q~ying by the district attorney unless the public interest or good cause in
~xithholding such records cleat;Iv outweighs the public interest in disclosure.
. \ddcd by Stats. 1979, c. 601, § 4.)
Library References
R~'~rds 0:=63.
\\'I:.STLAW Topic No. 326.
t J.S. Records §§ 113 to 131.
6265. Disclosure of records to district attorney; status of records
Disclosure of records to a district attorney under the provisions of this
l~aptcr shall effect no change in the status of the records under any other
'~'"'xision of law.
\ddcd by Stats. 1979 c. 601, § 5.)
275
6265
Library References
x, VESTLAW Topic No. 320.
C.J.S. Records ~ o0, 02, 03, o5, 93, 95.
MISCELLANEOUs
Title I
§ 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 informa-
tion 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 circula-
tion nor to records of fines collected by the library.
(Added bv Stats. 1986, c. 164, § 1.)
§ 6268. Public records in custody or control of governor leaving office;
transfer to state archives; restriction on public access; condi-
tions
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
wl~ich 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 clemen-
cy 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
276
~30.
SCELLANEOUS
Title 1
~tion and circulation
hich is in whole or in
iai and shall not be
v except as follows:
er duties within the
[ to whom the records
includes any informa-
- to become eligible to
tion records" includes
particular books and
gistration and circula-
,vernor leaving office;
public access; condi-
stodv or control of the
or involuntarily, shall,
ives. Notwithstanding
strument, the terms of
~ any of the transferred
ansfer, which have not
pect to public records,
, shall not be restricted
Governor, whichever is
. respect to enrolled bill
~pplications for clemen-
a period of at least 25
.~ction, the Secretary of
such public records and
ided for in this chapter.
~eech files, or writings
s section shall not apply
;todv or control of any
FOREIGN TILADE ZONES § 6300
i)iv. 7
Governor who held off'icc bctxvecn 1974 and 1988 at the time of leaving office,
except to thc extent that that Governor may voluntarily transfer those records
or' other writings to thc State Archives.
Notxvithstanding 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 ~o 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 Secretao'
o? State, as custodian of the State Archives, who ma3' 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 thc public, any and all public records, and inventories, indices, or finding
aids relating to 'those records, which the institution makes available to thc
public _~enerallv. Copies of those records in the custody of the State Archives
shall b~ given [he same legal effect as is given to the originals.
(Added bx' Stats. 1988, c. 503, § i.)
.
'\
x Chapter 4
FOREIGN TRADE ES
Section
0300.
0301.
0302.
0303.
O304.
6305.
Public cor ration.
Act o1' Con s.
Application bv corporation to , operate and maintain.
Application by ate corporation establish, operate and maintain.
Establishment, o tion and mai enancc.
Authorized public co dditional powers.
§ 6300. Public corporation
As used in this chapter, "p
subdivision thereof, any ino
of' the State, of any politicz nbdivisiot
()t' any corporate munici instrm
(,' more other States. /
tStats. 1943, c. 134, p. 9¢, § 6300.)
)ration" means the State, any political
· ' ltv therein, any public agency
or of any municipality therein,
f this State or of this State and one
Historical and Statutory
Derivation: Stats. 19¢ c. 505, p. 1577, § 2.
277
