AB 2153

Bill Subjects

California Public Records Act Notice Requirements Personnel And Medical Information Public Agency Employees

Abstract

Existing law, the California Public Records Act, requires public records to be open to inspection at all times during the office hours of the state or local agency that retains those records, and provides that every person has a right to inspect any public record, except as provided. Existing law requires each agency, upon a request for records, to determine within 10 days whether that request, in whole or in part, seeks copies of disclosable public records in the agency's possession and to promptly notify the person making the request of its determination and reasons for that determination. Under existing law, the act generally does not require disclosure of personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy. Existing law requires an agency, if it determines a request seeks disclosable public records, to state the estimated date and time when the records will be made available. Existing law permits the prescribed time limits of the act to be extended in unusual circumstances. In this connection, "unusual circumstances" include, among other reasons, the need to search for and collect the requested records from field facilities or other establishments separate from the office processing the request. This bill would require each agency, upon receipt of a request for a copy of, or the inspection of, any personnel, medical, or similar records of a public agency employee or any record that would disclose a public agency employee's personal identity in connection with the performance of that employee's work duties, to promptly and prior to the release of the records, provide written notice of the request to that public agency employee. By placing new requirements on local agencies, the bill would impose a state-mandated local program. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.