Bill Text: CA AB730 | 2023-2024 | Regular Session | Amended

California Assembly Bill 730

Bill Title: California Public Records Act: public agency employees: notice requirements: personnel and medical information.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB730 Detail]

Download: California-2023-AB730-Amended.html

Amended IN Assembly March 09, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 730

Introduced by Assembly Member Lowenthal

February 13, 2023

An act to amend Section ~~37351 of the Government Code, relating to local government.~~ 7922.535 of, and to add Section 7922.536 to, the Government Code, relating to public records.

LEGISLATIVE COUNSEL'S DIGEST

AB 730, as amended, Lowenthal. ~~Government of cities.~~ California Public Records Act: public agency employees: notice requirements: personnel and medical information.

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 an agency to promptly provide a public agency employee with written notice of a request to disclose a record related to personnel, medical, or similar information of that employee, as specified. The bill would also require the agency, before disclosing or making those records available, to provide not less than 21 days’ written notice to the employee of its intent to disclose or make the records available. The bill would further expand the definition of “unusual circumstances” to include the need to provide those advance written notices. 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.
Existing law authorizes a legislative body of a city to purchase, lease, exchange, or receive personal property and real estate situated inside or outside the city limits as is necessary or proper for municipal purposes and authorizes the legislative body to control, dispose of, and convey that property for the benefit of the city.
~~This bill would make nonsubstantive changes to those provisions.~~

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES

The people of the State of California do enact as follows:

SECTION 1.

Section 7922.535 of the Government Code is amended to read:

7922.535.

(a) Each agency, upon a request for a copy of records, shall, within 10 days 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. If the agency determines that the request seeks disclosable public records, the agency shall also state the estimated date and time when the records will be made available.

(b) In unusual circumstances, the time limit prescribed in this article and Article 1 (commencing with Section 7922.500) may be extended by written notice from the head of the agency or a 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.

(c) 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.

(5) The need to provide advance written notice to an affected public agency employee as provided in Section 7922.536.

SEC. 2.

Section 7922.536 is added to the Government Code, to read:

7922.536.
(a) Each public 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, shall promptly provide written notice of the request to that public agency employee.
(b) Before disclosing or making available records in response to a request for a record described in subdivision (a), the public agency shall provide not less than 21 days’ written notice to the affected public agency employee of its intent to disclose or make available the record.

SEC. 3.
The Legislature finds and declares that Section 2 of this act, which adds Section 7922.536 to the Government Code, furthers, 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:
It is in the public interest, and it furthers the purposes of paragraph (7) of subdivision (b) of Section (3) of Article I of the California Constitution, to ensure that an employee of a public agency has written notice of a public records request that would result in the disclosure of that employee’s personal identifying information prior to disclosure of that information.

SEC. 4.
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.

SECTION 1.Section 37351 of the Government Code is amended to read:
37351.
The legislative body may purchase, lease, exchange, or receive personal property and real estate situated inside or outside the city limits as is necessary or proper for municipal purposes. It may control, dispose of, and convey that property for the benefit of the city. The legislative body shall not sell or convey any portion of a water front, except to the State for use as a public beach or park, unless by a four-fifths vote of its members the legislative body finds and determines that the water front to be sold or conveyed is not suitable for use as a public beach or park.