Bill Text: CA AB2843 | 2015-2016 | Regular Session | Chaptered
Bill Title: Public records: employee contact information.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-09-29 - Chaptered by Secretary of State - Chapter 830, Statutes of 2016. [AB2843 Detail]
Download: California-2015-AB2843-Chaptered.html
BILL NUMBER: AB 2843 CHAPTERED
BILL TEXT
CHAPTER 830
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2016
APPROVED BY GOVERNOR SEPTEMBER 29, 2016
PASSED THE SENATE AUGUST 22, 2016
PASSED THE ASSEMBLY AUGUST 25, 2016
AMENDED IN SENATE AUGUST 18, 2016
AMENDED IN SENATE JUNE 28, 2016
AMENDED IN SENATE JUNE 13, 2016
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Member Chau
FEBRUARY 19, 2016
An act to amend Sections 6253.2 and 6254.3 of the Government Code,
relating to public records.
LEGISLATIVE COUNSEL'S DIGEST
AB 2843, Chau. Public records: employee contact information.
Existing law, California Public Records Act, requires that public
records are open to inspection, subject to various exceptions. The
act excepts from public inspection the home addresses and home
telephone numbers of state employees and employees of a school
district or county office of education, provided that disclosure can
be made in specified instances, including to an employee
organization.
This bill would, with certain exceptions, extend the limitation on
the disclosure of the personal information described above to all
employees of a public agency and would extend the limitation to
include personal cellular telephone numbers and birth dates. By
increasing the duties of local officials, this bill would impose a
state-mandated local program.
Existing law additionally excepts from public inspection specified
information regarding persons paid by the state to provide in-home
supportive services. Existing law requires copies of names,
addresses, and telephone numbers of those persons to be made
available, upon request, to an exclusive bargaining agent and to any
labor organization seeking representation rights, as specified.
This bill would additionally require personal cellular telephone
numbers of those persons to be made available to an exclusive
bargaining agent and to any labor organization seeking representation
rights.
Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
This bill would make legislative findings to that effect.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6253.2 of the Government Code, as amended by
Section 1 of Chapter 37 of the Statutes of 2013, is amended to read:
6253.2. (a) Notwithstanding any other provision of this chapter
to the contrary, information regarding persons paid by the state to
provide in-home supportive services pursuant to Article 7 (commencing
with Section 12300) of Chapter 3 of Part 3 of Division 9 of the
Welfare and Institutions Code, or services provided pursuant to
Section 14132.95, 14132.952, or 14132.956 of the Welfare and
Institutions Code, is not subject to public disclosure pursuant to
this chapter, except as provided in subdivision (b).
(b) Copies of names, addresses, home telephone numbers, and
personal cellular telephone numbers of persons described in
subdivision (a) shall be made available, upon request, to an
exclusive bargaining agent and to any labor organization seeking
representation rights pursuant to Section 12301.6 or 12302.25 of the
Welfare and Institutions Code or the In-Home Supportive Services
Employer-Employee Relations Act (Title 23 (commencing with Section
110000)). This information shall not be used by the receiving entity
for any purpose other than the employee organizing, representation,
and assistance activities of the labor organization.
(c) This section applies solely to individuals who provide
services under the In-Home Supportive Services Program (Article 7
(commencing with Section 12300) of Chapter 3 of Part 3 of Division 9
of the Welfare and Institutions Code), the Personal Care Services
Program pursuant to Section 14132.95 of the Welfare and Institutions
Code, the In-Home Supportive Services Plus Option pursuant to Section
14132.952 of the Welfare and Institutions Code, or the Community
First Choice Option pursuant to Section 14132.956 of the Welfare and
Institutions Code.
(d) Nothing in this section is intended to alter or shall be
interpreted to alter the rights of parties under the In-Home
Supportive Services Employer-Employee Relations Act (Title 23
(commencing with Section 110000)) or any other labor relations law.
(e) This section shall be inoperative if the Coordinated Care
Initiative becomes inoperative pursuant to Section 34 of the act that
added this subdivision.
SEC. 2. Section 6253.2 of the Government Code, as amended by
Section 2 of Chapter 37 of the Statutes of 2013, is amended to read:
6253.2. (a) Notwithstanding any other provision of this chapter
to the contrary, information regarding persons paid by the state to
provide in-home supportive services pursuant to Article 7 (commencing
with Section 12300) of Chapter 3 of Part 3 of Division 9 of the
Welfare and Institutions Code or personal care services pursuant to
Section 14132.95 of the Welfare and Institutions Code, is not subject
to public disclosure pursuant to this chapter, except as provided in
subdivision (b).
(b) Copies of names, addresses, home telephone numbers, and
personal cellular telephone numbers of persons described in
subdivision (a) shall be made available, upon request, to an
exclusive bargaining agent and to any labor organization seeking
representation rights pursuant to subdivision (c) of Section 12301.6
or Section 12302.25 of the Welfare and Institutions Code or Chapter
10 (commencing with Section 3500) of Division 4 of Title 1. This
information shall not be used by the receiving entity for any purpose
other than the employee organizing, representation, and assistance
activities of the labor organization.
(c) This section applies solely to individuals who provide
services under the In-Home Supportive Services Program (Article 7
(commencing with Section 12300) of Chapter 3 of Part 3 of Division 9
of the Welfare and Institutions Code) or the Personal Care Services
Program pursuant to Section 14132.95 of the Welfare and Institutions
Code.
(d) Nothing in this section is intended to alter or shall be
interpreted to alter the rights of parties under the
Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of
Division 4) or any other labor relations law.
(e) This section shall be operative only if Section 1 of the act
that added this subdivision becomes inoperative pursuant to
subdivision (e) of that section.
SEC. 3. Section 6254.3 of the Government Code is amended to read:
6254.3. (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:
(1) To an agent, or a family member of the individual to whom the
information pertains.
(2) To an officer or employee of another public agency 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 any phone numbers on file with the employer of
employees performing law enforcement-related functions, and the birth
date of any employee, 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 public
agencies 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 public agency shall
not disclose the employee's home address, home telephone number,
personal cellular telephone number, or birth date pursuant to
paragraph (3) of subdivision (a) and an agency shall remove the
employee's home address, home telephone number, and personal cellular
telephone number from any mailing list maintained by the agency,
except if the list is used exclusively by the agency to contact the
employee.
SEC. 4. The Legislature finds and declares that Sections 1, 2, and
3 of this act, which amend Sections 6253.2 and 6254.3 of the
Government Code, impose a limitation on the public's right of access
to the meetings of public bodies or the writings of public officials
and agencies within the meaning of Section 3 of Article I of the
California Constitution. Pursuant to that constitutional provision,
the Legislature makes the following findings to demonstrate the
interest protected by this limitation and the need for protecting
that interest:
In order to protect the privacy and well-being of state and local
employees, it is necessary to limit access to their personal and
emergency contact information.
SEC. 5. The Legislature finds and declares that Sections 1, 2, and
3 of this act, which amend Sections 6253.2 and 6254.3 of the
Government Code, further, within the meaning of paragraph (7) of
subdivision (b) of Section 3 of Article I of the California
Constitution, the purposes of that constitutional section as it
relates to the right of public access to the meetings of local public
bodies or the writings of local public officials and local agencies.
Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article
I of the California Constitution, the Legislature makes the
following findings:
In protecting the privacy and well-being of state and local
employees, by appropriately limiting general access to their personal
and emergency contact information, this bill furthers the purpose of
paragraph (7) of subdivision (b) of Section 3 of Article I of the
California Constitution.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district under this act would result from a legislative mandate that
is within the scope of paragraph (7) of subdivision (b) of Section 3
of Article I of the California Constitution.
