BILL NUMBER: AB 2318	CHAPTERED  09/21/04

	CHAPTER  637
	FILED WITH SECRETARY OF STATE  SEPTEMBER 21, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 21, 2004
	PASSED THE ASSEMBLY  AUGUST 25, 2004
	PASSED THE SENATE  AUGUST 24, 2004
	AMENDED IN SENATE  AUGUST 23, 2004
	AMENDED IN SENATE  JULY 6, 2004
	AMENDED IN SENATE  JUNE 22, 2004
	AMENDED IN SENATE  JUNE 9, 2004
	AMENDED IN ASSEMBLY  APRIL 12, 2004

INTRODUCED BY   Assembly Member Hancock

                        FEBRUARY 19, 2004

   An act to add Sections 26908.5 and 36525 to the Government Code,
relating to local agency auditors.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2318, Hancock.   Local agency auditors.
   Existing law prohibits the State Auditor from destroying any
papers or memoranda used to support a completed audit sooner than 3
years after the audit is released to the public and provides that all
documents pertaining to his or her work are public records subject
to disclosure under the California Public Records Act except for
specified items that are to remain confidential, including personal
papers and correspondence of any person providing assistance to the
State Auditor when that person has requested confidentiality,
documents relating to any audit not completed, and documents not used
in support of any report resulting from the audit.
   This bill would apply these provisions, except for the prohibition
on destruction of records, to a city, county, or special district
auditor, as defined.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 26908.5 is added to the Government Code, to
read:
   26908.5.  (a) As used in this section "auditor" includes an
elected or appointed officer or full-time employee of a county or a
special district who is compensated, but does not include an
independent contractor.
   (b) All books, papers, records, and correspondence of an auditor
pertaining to his or her work are public records subject to Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1 and shall
be filed at any of the regularly maintained offices of the auditor.
However, none of the following items or papers of which these items
are a part may be released to the public by the auditor or his or her
employees:
   (1) Personal papers and correspondence of any person providing
assistance to the auditor when that person has requested in writing
that his or her papers and correspondence be kept private and
confidential.  Those papers and that correspondence shall become
public records if the written request is withdrawn or upon the order
of the auditor.
   (2) Papers, correspondence, memoranda, or any substantive
information pertaining to any audit not completed.
   (3) Papers, correspondence, or memoranda pertaining to any audit
that has been completed, which papers, correspondence, or memoranda
are not used in support of any report resulting from the audit.
  SEC. 2.  Section 36525 is added to the Government Code, to read:
   36525.  (a) As used in this section "city auditor" includes an
elected or appointed officer or full-time employee of the city who is
compensated, but does not include an independent contractor.
   (b) All books, papers, records, and correspondence of the city
auditor pertaining to his or her work are public records subject to
Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
and shall be filed at any of the regularly maintained offices of the
city auditor.  However, none of the following items or papers of
which these items are a part may be released to the public by the
city auditor, or his or her employees:
   (1) Personal papers and correspondence of any person providing
assistance to the city auditor when that person has requested in
writing that his or her papers and correspondence be kept private and
confidential.  Those papers and that correspondence shall become
public records if the written request is withdrawn or upon the order
of the city auditor.
   (2) Papers, correspondence, memoranda, or any substantive
information pertaining to any audit not completed.
   (3) Papers, correspondence, or memoranda pertaining to any audit
that has been completed, which papers, correspondence, or memoranda
are not used in support of any report resulting from the audit.