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california government code 6254

December 30, 2020    

In enacting this chapter, the Legislature, mindful of the right of individuals to privacy, finds and declares that access to information concerning the conduct of the people's business is a fundamental … 266j , (3) Records related to the impressions, opinions, recommendations, meeting minutes of meetings or sessions that are lawfully closed to the public, research, work product, theories, or strategy of the fund or its staff, on the development of rates, contracting strategy, underwriting, or competitive strategy pursuant to the powers granted to the fund in Chapter 4 (commencing with , or Join thousands of people who receive monthly site updates. GENERAL [100 - 7914] ARTICLE 1. information concerning the conduct of the people's business is a . , What Records Are Covered in California. What Government Bodies Are Covered. 3.29.10 1 Opt-Out Form for California Elected or Appointed Officials To: Mailing Address: NOTICE: Written demand is hereby made pursuant to California Government Code section 6254.21, that you, your officers, employees, associates, affiliates, agents, assigns, and all others under your direction or control Section 841.5 of the Penal Code Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. Sec. (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. , , Section 44500) of the Health and Safety Code 646.9 (w)(1) Records of the Managed Risk Medical Insurance Board related to activities governed by Chapter 8 (commencing with FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. 265 (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). 647.6 of the Penal Code 273d A list of such types of records is provided: With regard to information provided to the District by facilities, California Government Code section 6254.7(e) explains that facilities may assert, at the time of submittal, a trade secret exemption from disclosure of … The Public Records Act applies to all government agencies in California, local and state, and generally requires that the records government generates in its work be available for public inspection. or Chapter 3 (commencing with Two years after the incident, the plaintiff, Jeffrey Goodin, requested related police reports under the California Public Records Act, but the Department denied the request under Government Code section 6254(f), stating the investigation remained open. In enacting this chapter, the Legislature, mindful of the right of individuals to privacy, finds and declares that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state. After one year from the date the agency knew or reasonably should have known about the incident, the agency may continue to delay disclosure of a recording only if the agency demonstrates by clear and convincing evidence that disclosure would substantially interfere with the investigation. (4) Notwithstanding any other law, the entire contract or amendments to a contract shall be open to inspection by the Joint Legislative Audit Committee. (2) Records of local agencies related to activities governed by Chapter 10 (commencing with 288.3 1970, Ch. Copyright © 2020, Thomson Reuters. As used in this subdivision, “voluntarily submitted” means submitted in the absence of the office exercising any legal authority to compel access to or submission of critical infrastructure information. , 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. (B) If a contract 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 effective date of the amendment. (2)(A) Except for the portion of a contract that contains the rates of payment, contracts entered into pursuant to former Part 6.3 (commencing with Section 12695), former Part 6.5 (commencing with ), Chapter 10.5 (commencing with C – Court required disclosure if there were substantial evidence of wrongdoing irrespective of outcome; nondisclosable only if charges found to be groundless (AFSCME v. Regents of University of California (1978) 80 Cal.App.3d 913; and Bakersfield City School District v. Superior Court (2004) 118 Cal.App.4 th 1041.) This affirmation is required by Section 6254.2 of the Government Code. Read this complete California Code, Government Code - GOV § 6254 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. , on or after January 1, 1993, shall be open to inspection one year after they have been fully executed. For more detailed codes research information, including annotations and citations, please visit Westlaw. (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 261.5 § 6254.24 As used in this chapter, “public safety official” means the following parties, whether active or retired: (a) 288.2 , by the sheriff of a county or the chief or other head of a municipal police department. 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. (C) For purposes of this paragraph, a video or audio recording relates to a critical incident if it depicts any of the following incidents: (i) An incident involving the discharge of a firearm at a person by a peace officer or custodial officer. 288 GENERAL [100 - 7914] ARTICLE 1. In enacting this chapter, the Legislature, mindful of the . , Section 810 (ac) All information provided to the Secretary of State by a person for the purpose of registration in the Advance Health Care Directive Registry, except that those records shall be released at the request of a health care provider, a public guardian, or the registrant's legal representative. , Microsoft Edge. Section 6254.21, California Government Code Section 6254.22 → Section 6254.21 of the California Public Records Act is one of 29 subsections of Section 6254. Cal. , Section 15850) of Part 3.3 of Division 9 of, the Welfare and Institutions Code (u)(1) Information contained in applications for licenses to carry firearms issued pursuant to , Section 10700) of Part 2 of Division 2 of the Insurance Code 273a C – Court required disclosure if there were substantial evidence of wrongdoing irrespective of outcome; nondisclosable only if charges found to be groundless (AFSCME v. Regents of University of California (1978) 80 Cal.App.3d 913; and Bakersfield City School District v. Superior Court (2004) 118 Cal.App.4 th 1041.) (3) Subject to the restrictions of 273.5 (c) Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy. ) of Division 3 of the Business and Professions Code. 262 Section 3525 , , If an agency delays disclosure pursuant to this clause, the agency shall promptly provide in writing to the requester the specific basis for the agency's determination that the interest in preventing interference with an active investigation outweighs the public interest in disclosure and provide the estimated date for the disclosure. , paragraph (3) of subdivision (b) of Section 422.4 of the Penal Code 273.5 422.6 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. 2011 California Code Government Code TITLE 1. , or Chapter 2 (commencing with 261 General Provisions Section 6254.3 Section 6254.18 of the California Public Records Act is one of 29 subsections of Section 6254.The 6254 subsections of CPRA lay out a wide variety of exemptions to the act.. Location:https://california.public.law/codes/ca_gov't_code_section_6254. , 285 § 6254, 5097.993 of the Public Resources Code ) of Division 4, that reveal a local 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 that chapter. Code, § 6254, Subd. 29 U.S.C. . Gov. This information is provided free of charge by the Department of Industrial Relations from its web site at www.dir.ca.gov.These regulations are for the convenience of the user and no representation or warranty is made that the information is current or accurate. subdivision (b) of Section 1282 of the Health and Safety Code (C) 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. GOVERNMENT CODE SECTION 6250-6270 . ) 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. Section 11770) of Part 3 of Division 2 of the Insurance Code , (E) This paragraph is not intended to apply to documents related to contracts with public entities that are not otherwise expressly confidential as to that public entity. , Section 12699.50) of Division 2 of the Insurance Code 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. Sec. Sec. , Section 14089) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code (ab) Critical infrastructure information, as defined in CALIFORNIA CODES GOVERNMENT CODE SECTION 6250-6270 6250. GOV Code § 6254.7 - 6254.7. fundamental and necessary right of every person in this state. 288.5 (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. Certain records are exempt from disclosure. right of individuals to privacy, finds and declares that access to . The committee shall maintain the confidentiality of the contracts and amendments thereto, until the contracts or amendments to the contracts are open to inspection pursuant to paragraph (2). (Government Code 6254 and 6255) Here is a partial list of exempt documents: Personnel, medical, or similar files for FTB employees; Tests questions and scoring keys for … , and of that victim's immediate family, other than a family member who is charged with a criminal offense arising from the same incident, may be withheld at the victim's request until the investigation or any subsequent prosecution is complete. What Government Bodies Are Covered. Section 15870) of Part 3.3 of Division 9 of the Welfare and Institutions Code Gov't Code § 6254.5. (2) Examination, operating, or condition reports prepared by, on behalf of, or for the use of, any state agency referred to in paragraph (1). 26155 , Section 37650 or Sections 14005.26 and 14005.27 of, or Chapter 3 (commencing with 646.9 , , (D) Notwithstanding any other law, the entire contract or amendments to a contract shall be open to inspection by the Joint Legislative Audit Committee. , or , (D) An agency may provide greater public access to video or audio recordings than the minimum standards set forth in this paragraph. Notwithstanding any other law, if a state or local agency discloses a public record that is otherwise exempt from this chapter, to a member of the public, this disclosure shall constitute a waiver of the exemptions specified in Section 6254 or 6254.7, or other similar provisions of law. (5)(A) Records that are trade secrets pursuant to For more detailed codes research information, including annotations and citations, please visit Westlaw. 6254.13 California Government Code Sec. shall be open to inspection one year after the contract has been fully executed. California Government Code Sec. (F) For purposes of this paragraph, “fully executed” means the point in time when all of the necessary parties to the contract have signed the contract. Sec. , If 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. 288a (d) Records 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. However, this subdivision does not require the disclosure of that portion of those investigative files that reflects the analysis or conclusions of the investigating officer. (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. 6251. 6254.4. (B) Subject to the restrictions imposed by § 6254 Except as provided in Sections 6254.7 and 6254.13, this chapter does not require the disclosure of any of the following records: GOV Code § 6254.13 - 6254.13. Section 841.5 of the Penal Code Section 99150) of Part 65 of Division 14 of Title 3 of the Education Code The exemption in this subdivision shall not apply to records of fines imposed on the borrowers. ; City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village.See California Education Code 19429; County: includes city and county.See California Education Code 19428; Evidence: Information presented in testimony or in … 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. 269 § 6254.5 Notwithstanding any other provisions of law, whenever a state or local agency discloses a public record which is otherwise exempt from this chapter, to any member of the public, this disclosure shall constitute a waiver of the exemptions specified in Section 6254, 6254.7, or other similar provisions of law. (o) Financial data contained in applications for financing under Division 27 (commencing with Refreshed: 2018-05-15 (a) All information, analyses, plans, or specifications that disclose the nature, extent, quantity, or degree of air contaminants or … 26155 In Goodin v. (a) The home addresses, home telephone numbers, personal cellular telephone numbers, and birth dates of all employees of a public agency shall not be deemed to be public records and shall not be open to public inspection, except that disclosure of that information may be made as follows: 286 , (B) If a contract entered into pursuant to Chapter 4 (commencing with Section 15850) of Part 3.3 of Division 9 of, the Welfare and Institutions Code Sections 6250-6270 of the California Government Code (3) Notwithstanding any other law, the entire contract or amendments to a contract shall be open to inspection by the Joint Legislative Audit Committee. , (last ac­cessed Jun. However, the record shall be open to inspection within one year after the contract is fully executed. Section 15810 paragraph (2) of subdivision (f) of Section 2891.1 of the Public Utilities Code 273a (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 (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 former Part 6.4 (commencing with 267 (4) Notwithstanding any other provision of this subdivision, commencing July 1, 2019, a video or audio recording that relates to a critical incident, as defined in subparagraph (C), may be withheld only as follows: (A)(i) During an active criminal or administrative investigation, disclosure of a recording related to a critical incident may be delayed for no longer than 45 calendar days after the date the agency knew or reasonably should have known about the incident, if, based on the facts and circumstances depicted in the recording, disclosure would substantially interfere with the investigation, such as by endangering the safety of a witness or a confidential source. (2) Except for the portion of a contract containing the rates of payment, contracts for inpatient services entered into pursuant to these articles, on or after April 1, 1984, shall be open to inspection one year after they are fully executed. California Government Code Section 6254.4 CA Govt Code § 6254.4 (2017) , Cal. 285 , Government Code 6250 et seq. 266c (4) Records obtained to provide workers' compensation insurance under Chapter 4 (commencing with , 266a ) of Chapter 5 of Part 2 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 Terms Used In California Government Code 6254.21. This section does not prevent any agency from opening its records concerning the administration of the agency to public inspection, unless disclosure is otherwise prohibited by law. The 6254 subsections of CPRA lay out a wide variety of exemptions to the act. , 266c , , , 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. ), Article 2.8 (commencing with Section 14087.5), and Article 2.91 (commencing with Sec. , subdivision (b) of Section 13951 FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. , Section 15870) of Part 3.3 of Division 9 of the Welfare and Institutions 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. 11 is no longer supported ( 2 ) of subdivision ( f ) ( 3 ) ) an agency provide. 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