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HomeMy WebLinkAbout10L AB1933 (Pacheco) - Public RecordsL CITY OF PALM DESERT COMMUNITY SERVICES DEPARTMENT STAFF REPORT REQUEST: REQUEST FOR CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE ACTION ON AB1933 (PACHECO) AT ITS MEETING OF MARCH 16, 2004. DATE: April 8, 2004 CONTENTS: AB1933 LANGUAGE Recommendation: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 16, 2004, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB1933 (Pacheco) relative to public records. Executive Summary: Passage of this bill would extend the period of time in which a public official must respond to a request for records from ten days to 20 days. Background: Current law provides under the California Public Records Act that every State or local agency, upon request, is required to make records available to any person upon payment of fees to cover costs. This act requires each agency, within ten days from the receipt of a request for records to determine if the requests for public records are in the possession of that agency. Passage of AB1933 would extend the period of time in which a determination must be made from ten days to 20 days from the receipt of the request. The City of Palm Desert strives to provide requests for public information in the most expeditious and comprehensive manner. Passage of this bill would provide staff more time to research, to determine if the request for public records are in the possession of that agency, and act upon such requests. Therefore, the Legislative Review Committee recommends that the City Council support AB1933 and direct staff to prepare a letter statithat position to appropriate Legislators for the Mayor's signature. PATRICIA SCULLY SENIOR MANAGE E T ANALYST SHEILA R. GIL IG ASSISTANT CITY lll�' NAGER PAUL GIBSON DIRECTOR OF FINANCE/ CITY TREASURER S L. OR E ANAGER State Net Text Search Page 1 of 9 In bill text the following has special meaning underline denotes added text 2003 CA A 1933 AUTHOR: Pacheco VERSION: Introduced VERSION DATE: 02/10/2004 ASSEMBLY BILL No. 1933 INTRODUCED BY Assembly Member Pacheco FEBRUARY 10, 2004 An act to amend Sections 6253 and 6254 of the Government Code, relating to public records. LEGISLATIVE COUNSEL'S DIGEST AB 1933, as introduced. Pacheco. Public records. (1) Under the California Public Records Act, except for exempt records, every state or local agency, upon request, is required to make records available to any person upon payment of fees to cover costs. The act requires each agency, within 10 days from receipt of a request for records, to determine whether the request. in whole or in part, seeks copies of disclosable public records in the possession of the agency. This bill would require that this determination be made within 20 days from the receipt of a request. (2) Under the act, records that are exempt from disclosure include law enforcement investigatory records, although address information of a crime victim and of an individual arrested for a crime may be disclosed to a licensed private investigator or to a requester declaring under penalty of perjury that the request is made for a scholarly, journalistic, political, or governmental purpose, subject to specified restrictions, including that the address information obtained under these provisions remain confidential and not be used directly or indirectly to sell a product or service. This bill would provide that address information of an arrestee or crime victim obtained under these provisions shall remain in the physical possession of the requester and may not be provided to anyone, used directly or indirectly to furnish or sell a product or service to any individual or group of individuals. posted on a computer Web site for any purpose, or otherwise published. http://client.statenet.com/secure/pe/ts.cgi?mode=fetch&text_version=CA2003000A 1933_2... 2/11 /2004 State Net Text Search Page 2 of 9 Vote: majority. .Appropriation: no. Fiscal committee: no. State -mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 6253 of the Government Code is amended to read: 6253. (a) Public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record. except as hereafter provided. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law. (b) Except with respect to public records exempt from disclosure by express provisions of law, each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records. shall make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable. Upon request. an exact copy shall be provided unless impracticable to do so. (c) Each agency, upon a request for a copy of records, shall, within -1-9-20days from receipt of the request, determine whether the request, in whole or in part, seeks copies of disclosable public records in the possession of the agency and shall promptly notify the person making the request of the determination and the reasons therefor. In unusual circumstances. the time limit prescribed in this section may be extended by written notice by the head of the agency or his or her designee to the person making the request, setting forth the reasons for the extension and the date on which a determination is expected to be dispatched. No notice shall specify a date that would result in an extension for more than 14 days. When the agency dispatches the determination, and if the agency determines that the request seeks disclosable public records, the agency shall state the estimated date and time when the records will be made available. As used in this section, "unusual circumstances" means the following, but only to the extent reasonably necessary to the proper processing of the particular request: (1) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request. (2) The need to search for, collect. and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request. (3) The need for consultation, which shall be conducted with all practicable speed, with another agency having substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein. (4) The need to compile data, to write programming language or a computer program. or to construct a computer report to extract data. (d) Nothing in this chapter shall be construed to permit an agency to delay or obstruct the inspection or copying of public records. The notification of denial of any request for records required by Section 6255 shall set forth the names and titles or positions of each person responsible for the denial. (e) Except as otherwise prohibited by law, a state or local agency may adopt requirements for itself that allow for faster. more efficient, or greater access to records than prescribed by the minimum standards set forth in this chapter. http://client.statenet.com/secure/pe/ts.cgi?mode=fetch&text_version=CA2003000A 1933_2... 2/11 /2004 State Net Text Search Page 3 of 9 SEC. 2. Section 6254 of the Government Code is amended to read: 6254. 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 memorandums that are not retained by the public agency in the ordinary course of business, provided that the public interest in withholding those records clearly outweighs the public interest in disclosure. (b) Records pertaining to pending litigation to which the public agency is a party. or to claims made pursuant to Division 3.6 (commencing with Section 810), until the pending litigation or claim has been finally adjudicated or otherwise settled. (c) Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy. (d) Contained in or related to any of the following: (1) Applications filed with any state agency responsible for the regulation or supervision of the issuance of securities or of financial institutions, including, but not limited to, banks, savings and loan associations, industrial loan companies, credit unions, and insurance companies. (2) Examination, operating, or condition reports prepared by. on behalf of, or for the use of, any state agency referred to in paragraph (1). (3) Preliminary drafts. notes, or interagency or intra-agency communications prepared by, on behalf of; or for the use of, any state agency referred to in paragraph (1). (4) Information received in confidence by any state agency referred to in paragraph (1). (e) Geological and geophysical data, plant production data. and similar information relating to utility systems development, or market or crop reports, that are obtained in confidence from any person. (f) Records of complaints to, or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice, and any state or local police agency, or any investigatory or security files compiled by any other state or local police agency, or any investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes, except that state and local law enforcement agencies shall disclose the names and addresses of persons involved in, or witnesses other than confidential informants to, the incident, the description of any property involved, the date, time, and location of the incident. all diagrams, statements of the parties involved in the incident, the statements of all witnesses, other than confidential informants, to the victims of an incident, or an authorized representative thereof, an insurance carrier against which a claim has been or might be made, and any person suffering bodily injury or property damage or loss, as the result of the incident caused by arson, burglary, fire, explosion. larceny, robbery, carjacking. vandalism, vehicle theft, or a crime as defined by subdivision (c) of Section 13960, unless the disclosure would endanger the safety of a witness or other person involved in the investigation, or unless disclosure would endanger the successful completion of the investigation or a related investigation. However, nothing in this division shall require the disclosure of that portion of those investigative files that reflect the analysis or conclusions of the investigating officer. http://client.statenet.com/secure/pe/ts.cgi?mode=fetch&text_version=CA2003000A 1933_2... 2/11 /2004 State Net Text Search Page 4 of 9 Notwithstanding any other provision of this subdivision. state and local law enforcement agencies shall make public the following information, except to the extent that disclosure of a particular item of information would endanger the safety of a person involved in an investigation or would endanger the successful completion of the investigation or a related investigation: (1) The full name and occupation of every individual arrested by the agency. the individual's physical description including date of birth, color of eyes and hair, sex, height and weight, the time and date of arrest, the time and date of booking, the location of the arrest, the factual circumstances surrounding the arrest. the amount of bail set, the time and manner of release or the location where the individual is currently being held, and all charges the individual is being held upon, including any outstanding warrants from other jurisdictions and parole or probation holds. (2) Subject to the restrictions imposed by Section 841.5 of the Penal Code, the time, substance. and location of all complaints or requests for assistance received by the agency and the time and nature of the response thereto, including. to the extent the information regarding crimes alleged or committed or any other incident investigated is recorded, the time, date, and location of occurrence, the time and date of the report. the name and age of the victim, the factual circumstances surrounding the crime or incident, and a general description of any injuries, property, or weapons involved. The name of a victim of any crime defined by Section 220, 261, 261.5, 262, 264. 264.1, 273a, 273d, 273.5. 286, 288, 288a, 289, 422.6. 422.7, 422.75. or 646.9 of the Penal Code may be withheld at the victim's request. or at the request of the victim's parent or guardian if the victim is a minor. When a person is the. victim of more than one crime, information disclosing that the person is a victim of a crime defined by Section 220, 261, 261.5, 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 if the victim is a minor. in making the report of the crime. or of any crime or incident accompanying the crime, available to the public in compliance with the requirements of this paragraph. (3) Subject to the restrictions of Section 841.5 of the Penal Code and this subdivision, the current address of every individual arrested by the agency and the current address of the victim of a crime, where the requester declares under penalty of perjury that the request is made for a scholarly, journalistic, political, or governmental purpose, or that the request is made for investigation purposes by a licensed private investigator as described in Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code, except that the address of the victim of any crime defined by Section 220, 261, 261.5, 262, 264, 264.1, 273a, 273d, 273.5, 286, 288. 288a, 289, 422.6, 422.7, 422.75, or 646.9 of the Penal Code shall remain confidential. ire Unless the written permission of the arrestee or victim is obtained address information obtained pursuant to this paragraph shall not -be remain in the physical_ possession of the requester and may not be provided to anyone, used directly or indirectly to furnish or sell a product or service to any individual or group of individuals, posted on a computer web site for anypurpose, or otherwise published, and the requester shall execute a declaration to that effect under penalty of perjury. (g) Test questions, scoring keys, and other examination data used to administer a licensing examination. examination for employment, or academic examination, except as provided for in Chapter 3 (commencing with Section 99150) of Part 65 of the Education Code. (h) The contents of real estate appraisals or engineering or feasibility estimates and evaluations made for or by the state or local agency relative to the acquisition of property. or to prospective public supply and construction contracts, until all of the property has been acquired or all of the contract agreement obtained. However, the law of eminent domain shall not be affected by this provision. http://client. statenet.coni/secure/pe/ts.cgi?mode=fetch&text_version=CA2003000A 1933_2... 2/11 /2004 State Net Text Search Pale 5 of 9 (i) Information required from any taxpayer in connection with the collection of local taxes that is received in confidence and the disclosure of the information to other persons would result in unfair competitive disadvantage to the person supplying the information. (j) Library circulation records kept for the purpose of identifying the borrower of items available in libraries. and library and museum materials made or acquired and presented solely for reference or exhibition purposes. The exemption in this subdivision shall not apply to records of fines imposed on the borrowers. (k) Records, the disclosure of which is exempted or prohibited pursuant to federal or state law. including, but not limited to, provisions of the Evidence Code relating to privilege. (1) Correspondence of and to the Governor or employees of the Governor's office or in the custody of or maintained by the Governor' s legal affairs secretary, provided that public records shall not be transferred to the custody of the Governor's Legal Affairs Secretary to evade the disclosure provisions of this chapter. (m) In the custody of or maintained by the Legislative Counsel, except those records in the public database maintained by the Legislative Counsel that are described in Section 10248. (n) Statements of personal worth or personal financial data required by a licensing agency and filed by an applicant with the licensing agency to establish his or her personal qualification for the license, certificate, or permit applied for. (o) Financial data contained in applications for financing under Division 27 (commencing with Section 44500) of the Health and Safety Code, where an authorized officer of the California Pollution Control Financing Authority determines that disclosure of the financial data would be competitively injurious to the applicant and the data is required in order to obtain guarantees from the United States Small Business Administration. The California Pollution Control Financing Authority shall adopt rules for review of individual requests for confidentiality under this section and for making available to the public those portions of an application that are subject to disclosure under this chapter. (p) Records of state agencies related to activities governed by Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing with Section 3525). and Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, that reveal a state agency's deliberative processes, impressions. evaluations, opinions, recommendations, meeting minutes, research, work products, theories, or strategy, or that provide instruction, advice, or training to employees who do not have full collective bargaining and representation rights under these chapters. Nothing in this subdivision shall be construed to limit the disclosure duties of a state agency with respect to any other records relating to the activities governed by the employee relations acts referred to in this subdivision. (q) Records of state agencies related to activities governed by Article 2.6 (commencing with Section 14081), Article 2.8 (commencing with Section 14087.5). and Article 2.91 (commencing with Section 14089) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, that reveal the special negotiator's deliberative processes, discussions, communications, or any other portion of the negotiations with providers of health care services, impressions, opinions, recommendations, meeting minutes, research, work product, theories, or strategy, or that provide instruction, advice, or training to employees. Except for the portion of a contract containing the rates of payment, contracts for inpatient services entered into pursuant to these articles, on or after April 1, 1984, shall be open to inspection one year http://client.statenet.com/secure/pe/ts.cgi?mode=fetch&text_version=CA2003000A 1933_2... 2/11 /2004 State Net Text Search Page 6 of 9 after they are fully executed. In the event that a contract for inpatient services that is entered into prior to April 1, 1984. is amended on or after April 1, 1984, the amendment, except for any portion containing the rates of payment, shall be open to inspection one year after it is fully executed. If the California Medical Assistance Commission enters into contracts with health care providers for other than inpatient hospital services, those contracts shall be open to inspection one year after they are fully executed. Three years after a contract or amendment is open to inspection under this subdivision. the portion of the contract or amendment containing the rates of payment shall be open to inspection. Notwithstanding any other provision of law, the entire contract or amendment shall be open to inspection by the Joint Legislative Audit Committee. The committee shall maintain the confidentiality of the contracts and amendments until the time a contract or amendment is fully open to inspection by the public. (r) Records of Native American graves, cemeteries, and sacred places maintained by the Native American Heritage Commission. (s) A final accreditation report of the Joint Commission on Accreditation of Hospitals that has been transmitted to the State Department of Health Services pursuant to subdivision (b) of Section 1282 of the Health and Safety Code. (t) Records of a local hospital district. formed pursuant to Division 23 (commencing with Section 32000) of the Health and Safety Code, or the records of a municipal hospital, formed pursuant to Article 7 (commencing with Section 37600) or Article 8 (commencing with Section 37650) of Chapter 5 of Division 3 of Title 4 of this code, that relate to any contract with an insurer or nonprofit hospital service plan for inpatient or outpatient services for alternative rates pursuant to Section 10133 or 11512 of the Insurance Code. However, the record shall be open to inspection within one year after the contract is fully executed. (u) (1) 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. (2) The home address and telephone number of peace officers, judges, court commissioners, and magistrates that are set forth 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. (3) The home address and telephone number of peace officers, judges, court commissioners, and magistrates that are set forth in 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. (v) (1) Records of the Major Risk Medical Insurance Program related to activities governed by Part 6.3 (commencing with Section 12695) and Part 6.5 (commencing with Section 12700) of Division 2 of the Insurance Code, and that reveal the deliberative processes, discussions, communications, or any other portion of the negotiations with health plans, or the impressions, opinions, recommendations. meeting minutes, research, work product, theories, or strategy of the board or its staff, or records that provide instructions, advice, or training to employees. (2) (A) Except for the portion of a contract that contains the rates of payment, contracts for health http://client.statenet.com/secure/pe/ts.cgi?mode=fetch&text_version=CA2003000A 1933_2... 2/11 /2004 State Net Text Search Page 7 of 9 coverage entered into pursuant to Part 6.3 (commencing with Section 12695) or Part 6.5 (commencing with Section 12700) of Division 2 of the Insurance Code. on or after July 1. 1991, shall be open to inspection one year after they have been fully executed. (B) In the event that a contract for health coverage that is entered into prior to July 1, 1991. is amended on or after July 1, 1991. the amendment, except for any portion containing the rates of payment, shall be open to inspection one year after the amendment has been fully executed. (3) Three years after a contract or amendment is open to inspection pursuant to this subdivision. the portion of the contract or amendment containing the rates of payment shall be open to inspection. (4) Notwithstanding any other provision of law, the entire contract or amendments to a contract shall be open to inspection by the Joint Legislative Audit Committee. The committee shall maintain the confidentiality of the contracts and amendments thereto, until the contract or amendments to a contract is open to inspection pursuant to paragraph (3). (w) (1) Records of the Major Risk Medical Insurance Program related to activities governed by Chapter 14 (commencing with Section 10700) of Part 2 of Division 2 of the Insurance Code, and that reveal the deliberative processes. discussions, communications, or any other portion of the negotiations with health plans. or the impressions, opinions, recommendations, meeting minutes, research. work product, theories, or strategy of the board or its staff, or records that provide instructions, advice. or training to employees. (2) Except for the portion of a contract that contains the rates of payment, contracts for health coverage entered into pursuant to Chapter 14 (commencing with Section 10700) of Part 2 of Division 2 of the Insurance Code, on or after January 1. 1993, shall be open to inspection one year after they have been fully executed. (3) Notwithstanding any other provision of law, the entire contract or amendments to a contract shall be open to inspection by the Joint Legislative Audit Committee. The 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. (y) (1) Records of the Managed Risk Medical Insurance Board related to activities governed by Part 6.2 (commencing with Section 12693) or Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code, and that reveal the deliberative processes, discussions, communications, or any other portion of the negotiations with health plans, or the impressions. opinions, recommendations, meeting minutes, research. work product, theories, or strategy of the board or its staff, or records that provide instructions, advice. or training to employees. (2) (A) Except for the portion of a contract that contains the rates of payment. contracts entered into pursuant to Part 6.2 (commencing with Section 12693) or Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code, on or after January 1, 1998. shall be open to inspection one year after they have been fully executed. http://client. statenet.com/secure/pe/ts.cgi?mode=fetch&text_version=CA2003 000A 193 3_2... 2/11 /2004 State Net Text Search Page 8 of 9 (B) In the event that a contract entered into pursuant to Part 6.2 (commencing with Section 12693) or Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code is amended. the amendment 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 committee shall maintain the confidentiality of the contracts and amendments thereto until the contract or amendments to a contract are open to inspection pursuant to paragraph (2) or (3). (5) The exemption from disclosure provided pursuant to this subdivision for the contracts, deliberative processes, discussions, communications, negotiations with health plans, impressions, opinions, recommendations, meeting minutes, research, work product, theories, or strategy of the board or its staff shall also apply to the contracts, deliberative processes, discussions, communications. negotiations with health plans. impressions, opinions, recommendations, meeting minutes, research. work product, theories, or strategy of applicants pursuant to Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code. (z) Records obtained pursuant to paragraph (2) of subdivision (c) of Section 2891.1 of the Public Utilities Code. (aa) A document prepared by a local agency that assesses its vulnerability to terrorist attack or other criminal acts intended to disrupt the public agency's operations and that is for distribution or consideration in a closed session. (bb) (1) Records of the Managed Risk Medical Insurance Board related to activities governed by Part 8.7 (commencing with Section 2120) of Division 2 of the Labor Code, and that reveal the deliberative processes, discussions. communications, or any other portion of the negotiations with entities contracting or seeking to contract with the board, or the impressions, opinions, recommendations, meeting minutes, research, work product, theories, or strategy of the board or its staff. or records that provide instructions, advice, or training to employees. (2) (A) Except for the portion of a contract that contains the rates of payment, contracts entered into pursuant to Part 8.7 (commencing with Section 2120) of Division 2 of the Labor Code on or after January 1, 2004. shall be open to inspection one year after they have been fully executed. (B) In the event that a contract entered into pursuant to Part 8.7 (commencing with Section 2120) of Division 2 of the Labor Code is amended. the amendment 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 committee shall maintain the confidentiality of the contracts and amendments thereto until the contract or amendments to a contract are open to inspection pursuant to paragraph (2) or (3). Nothing in this section prevents any agency from opening its records concerning the administration of http://client.statenet.com/secure/pe/ts.cgi?mode=fetch&text_version=CA2003000A 1933_2... 2/1 1 /2004 State Net Text Search Page 9 of 9 the agency to public inspection, unless disclosure is otherwise prohibited by law. Nothing in this section prevents any health facility from disclosing to a certified bargaining agent relevant financing information pursuant to Section 8 of the National Labor Relations Act. Copyright 2004 State Net. All Rights Reserved. http://client.statenet.com/secure/pe/ts.cgi?mode=fetch&text_version=CA2003000A 1933_2... 2/11 /2004