BILL ANALYSIS                                                                                                                                                                                                    Ó






                             SENATE JUDICIARY COMMITTEE
                         Senator Hannah-Beth Jackson, Chair
                              2013-2014 Regular Session


          AB 634 (Gomez)
          As Amended June 15, 2014
          Hearing Date: June 24, 2014
          Fiscal: No
          Urgency: No
          TMW


                                        SUBJECT
                                           
             Public Records:  Exception to Disclosure:  Public Officials

                                      DESCRIPTION  

          The California Public Records Act requires state and local  
          agencies to make public records available for inspection by the  
          public, with specified exceptions.  One such exception prohibits  
          a person, business, or association from publicly posting or  
          displaying on the Internet the home address or telephone number  
          of any elected or appointed official if that official has made a  
          written demand to not have that information disclosed, and  
          allows the elected or appointed official to designate the  
          official's employer, a related governmental entity, or a  
          voluntary professional association of similar officials to act  
          as that official's agent to make that written demand.

          This bill would additionally permit the recognized collective  
          bargaining representative of an appointed official who is a  
          peace officer, as defined, a District Attorney, or a Deputy  
          District Attorney, to make a written demand for nondisclosure on  
          behalf of that appointed official.

                                      BACKGROUND  

          AB 2238 (Dickerson, Ch. 621, Stats. 2002) established the Public  
          Safety Officials Home Protection Advisory Task Force to  
          determine how to protect a public safety official's home  
          information.  The task force, chaired by the Attorney General  
          and comprised of representatives from law enforcement, judges,  
          district attorneys and public defenders, state recorders and  
          assessors, and the business community involved in real estate  
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          transactions, filed its report with the Legislature in January  
          2004.  Recommendation 15 of the report stated the need for  
          legislation to prohibit any person, business, or association  
          from commercially posting a public safety official's home  
          address and telephone number on the Internet after receiving a  
          written confidentiality report.

          In response, the Legislature enacted AB 1595 (Evans, Ch. 343,  
          Stats. 2005) to prohibit the posting or display of specified  
          elected and appointed officials' home address or telephone  
          number on the Internet and to allow these officials to obtain an  
          injunction against any person or entity that publicly posts or  
          displays the information on the Internet.  It also allowed for  
          damages if the disclosure was made with intent to cause imminent  
          great bodily harm.  AB 32 (Lieu, Ch. 403, Stats. 2009) imposed  
          further restrictions and increases penalties on the posting or  
          display of a public official's home address or telephone number.

          This bill would authorize the recognized collective bargaining  
          representative of an elected or appointed official who is a  
          peace officer, a District Attorney, or a Deputy District  
          Attorney to make a non-disclosure demand on behalf of the  
          official.

                                CHANGES TO EXISTING LAW
           
           Existing law  , the California Constitution, declares the people's  
          right to transparency in government.  ("The people have the  
          right of access to information concerning the conduct of the  
          people's business, and therefore, the meetings of public bodies  
          and the writings of public officials and agencies shall be open  
          to public scrutiny....")  (Cal. Const., art. I, Sec. 3.)

           Existing law  , the California Public Records Act (CPRA), governs  
          the disclosure of information collected and maintained by public  
          agencies.  (Gov. Code Sec. 6250 et seq.)  Generally, all public  
          records are accessible to the public upon request, unless the  
          record requested is exempt from public disclosure.  (Gov. Code  
          Sec. 6254.)  There are 30 general categories of documents or  
          information that are exempt from disclosure, essentially due to  
          the character of the information, and unless it is shown that  
          the public's interest in disclosure outweighs the public's  
          interest in non-disclosure of the information, the exempt  
          information may be withheld by the public agency with custody of  
          the information.  
             
                                                                      



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          Existing law  defines state agency, for purposes of the CPRA, to  
          include every state office, department, division, bureau, board,  
          and commission or other state body or agency, except for the  
          Legislature and the Judiciary.  (Gov. Code Sec. 6252.)

           Existing law  prohibits a state or local agency from posting the  
          home address or telephone number of any elected or appointed  
          official on the Internet without first obtaining the written  
          permission of that individual. (Gov. Code Sec. 6254.21(a).)

           Existing law  prohibits a person from knowingly posting the home  
          address or telephone number of any elected or appointed  
          official, or of the official's residing spouse or child, on the  
          Internet knowing that person is an elected or appointed official  
          and intending to cause imminent great bodily harm that is likely  
          to occur or threatening to cause imminent great bodily harm to  
          that individual, and provides that a violation is a misdemeanor,  
          unless the violation leads to the bodily injury of the official,  
          or his or her residing spouse or child, in which case the  
          violation is a misdemeanor or a felony.  (Gov. Code Sec.  
          6254.21(b).)

           Existing law  prohibits a person, business, or association from  
          publicly posting or publicly displaying on the Internet the home  
          address or telephone number of any elected or appointed official  
          if that official has made a written demand of that person,  
          business, or association to not disclose his or her home address  
          or telephone number.  (Gov. Code Sec. 6254.21(c)(1)(A).)

           Existing law  states that a written demand made by a state  
          constitutional officer, a mayor, or a Member of the Legislature,  
          a city council, or a board of supervisors must include a  
          statement describing a threat or fear for the safety of that  
          official or of any person residing at the official's home  
          address, and provides that written demand made by an elected  
          official is effective for four years, regardless of whether or  
          not the official's term has expired prior to the end of the  
          four-year period.  (Gov. Code Sec. 6254.21(c)(1)(B), (C).)

           Existing law  authorizes an elected or appointed official to  
          designate in writing the official's employer, a related  
          governmental entity, or any voluntary professional association  
          of similar officials to act, on behalf of that official, as that  
          official's agent with regard to making a written demand.  (Gov.  
          Code Sec. 6254.21(c)(3).)

                                                                      



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           Existing law  requires a written demand made by an official's  
          agent to include a statement describing a threat or fear for the  
          safety of that official or of any person residing at the  
          official's home address.  (Gov. Code Sec. 6254.21(c)(3).)

           Existing law  defines "elected or appointed official" to include,  
          but is not limited to, all of the following:
           state constitutional officers;
           Members of the Legislature;
           judges and court commissioners;
           district attorneys;
           public defenders;
           members of a city council;
           members of a board of supervisors;
           appointees of the Governor;
           appointees of the Legislature;
           mayors;
           city attorneys;
           police chiefs and sheriffs;
           a public safety official;
           state administrative law judges;
           federal judges and federal defenders; and
           Members of the United States Congress and appointees of the  
            President.  (Gov. Code Sec. 6254.21(f).)
           This bill  would authorize an elected or appointed official who  
          is a peace officer, as defined, a District Attorney, or a Deputy  
          District Attorney, to also designate his or her recognized  
          collective bargaining representative to make a written  
          non-disclosure demand on his or her behalf.

           This bill  would also clarify that a person, business, or  
          association is prohibited from publicly posting or publicly  
          displaying on the Internet the home address or telephone number  
          of any elected or appointed official if that official has,  
          either directly or through a designated agent, made a written  
          demand of that person, business, or association to not disclose  
          his or her home address or telephone number.

                                        COMMENT
           
          1.  Stated need for the bill  
          
          The author writes:

            Peace Officers and their families have been attacked at their  
            homes.  These officers take many precautions to keep their  
                                                                      



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            loved ones out of harm's way.  The state has recognized that  
            there are those who seek retribution or for other criminal  
            reasons seek to harm these officers [and/or] their families.   
            Examples of such protections include the current law to allow  
            a peace officer to individually request a removal from an  
            internet posting, confidentiality from public posting of voter  
            registration, DMV driver license and vehicle registrations  
            etc.

            This measure expands that protection for Peace Officers by  
            providing the authority to request removal from internet  
            posting by their collective bargaining representative.

          2.  Extending authorization to a collective bargaining  
            representative to make a non-disclosure demand  

          Existing law authorizes an elected or appointed official to  
          designate in writing the official's employer, a related  
          governmental entity, or any voluntary professional association  
          of similar officials to act, on behalf of that official, as that  
          official's agent to make a written demand to a person, business,  
          or association to not disclose the official's home address or  
          telephone number on the Internet.  (Gov. Code Sec.  
          6254.21(c)(3).)  This bill would authorize an elected or  
          appointed official who is a peace officer, as defined, a  
          District Attorney, or a Deputy District Attorney to also  
          designate his or her recognized collective bargaining  
          representative to make that written demand on the official's  
          behalf.

          AB 32 (Lieu, Ch. 403, Stats. 2009), among other things, enacted  
          the existing ability of the elected or appointed official to  
          designate the employer, governmental entity, or voluntary  
          professional association to submit the demand on behalf of the  
          official.  The problem at that time was data vendors refused to  
          allow agents of public safety officials to opt-out under the  
          provisions of Section 6254.21, claiming that the statute was  
          silent with respect to agents and their powers, so data vendors  
          would not acknowledge the agent's demands.

          This bill would additionally allow an elected or appointed  
          official who is a peace officer, a District Attorney, or a  
          Deputy District Attorney to "opt-out" of the information posting  
          through a written demand by his or her recognized collective  
          bargaining representative.  As is required for a written demand  
          by a constitutional officer, a mayor, a Member of the  
                                                                      



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          Legislature, a city council member, or a member of a board of  
          supervisors, or their agents, this written demand would include  
          a statement describing the threat or fear for the safety of the  
          official and persons residing at the official's home address.   
          Since peace officers, District Attorneys, and Deputy District  
          Attorneys who are members of unions necessarily utilize the  
          services of their union representatives regarding work-related  
          problems, this bill would authorize the union representative to  
          submit the written demand on behalf of the peace officer.  The  
          union representative, like the official's employer, related  
          governmental entity, or voluntary professional association, has  
          information and a particular understanding of the official's  
          situation.  The authorization provided in this bill is in  
          keeping with the existing authority allowing an official's  
          employer, a related governmental entity, or any voluntary  
          professional association of similar officials to make a demand.


           Support  :  American Federation of State, County and Municipal  
          Employees, AFL-CIO

           Opposition  :  None Known

                                        HISTORY
           
           Source  :  Deputy District Attorneys Association, Local AFSCME 39

           Related Pending Legislation  :  AB 2206 (Gomez, 2014) is similar  
          to this bill and would exempt from disclosure under the  
          California Public Records Act the records of the residence or  
          mailing address of any person described as a peace officer, if  
          that person or his or her recognized collective bargaining  
          representative has requested confidentiality of that information  
          to a local agency, and that local agency chooses to maintain a  
          program that redacts that information or makes that information  
          confidential.  AB 2206 is currently in the Assembly Committee on  
          Local Government.

           Prior Legislation  :

          AB 2299 (Feuer, 2012) would have authorized a county board of  
          supervisors to establish a program that redacts public safety  
          officials' names from property records, at the official's  
          request.  AB 2299 was held in the Senate Governance and Finance  
          Committee.

                                                                      



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          AB 1813 (Lieu, Ch. 194, Stats. 2010) included the information  
          provided to cellular phone applications in the information that  
          a public official may ask to be removed from the Internet and to  
          expand the definition of peace officer within the definition of  
          public official.

          AB 32 (Lieu, Ch. 403, Stats. 2009) See Background; Comment 2.

          AB 1595 (Evans, Ch. 343, Stats. 2005) See Background.

          AB 2238 (Dickinson, Ch. 621, Stats. 2002) See Background.

           Prior Vote  :  Prior votes not relevant

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