BILL ANALYSIS Ó
AB 634
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 634 (Gomez)
As Amended June 15, 2014
Majority vote
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|ASSEMBLY: | |(May 13, 2013) |SENATE: |33-0 |(August 22, |
| | | | | |2014) |
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(vote not relevant)
Original Committee Reference: HIGHER ED.
SUMMARY : Authorizes 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 demand that certain information not be
disclosed under a Public Records Act request.
The Senate amendments delete the Assembly version of this bill,
and instead:
1)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.
2)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.
EXISTING LAW :
1)Provides, under the California Public Records Act (CPRA), that
all public records are accessible to the public upon request,
unless the record requested is exempt from public disclosure.
2)Defines state agency, for purposes of the CPRA, to include
every state office, department, division, bureau, board, and
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commission or other state body or agency, except for the
Legislature and the Judiciary.
3)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.
4)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.
5)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.
6)States that a written non-disclosure 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.
7)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.
8)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
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home address.
9)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 United States President.
FISCAL EFFECT : None
COMMENTS : 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, 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.
As is required for a written demand by a constitutional officer,
a mayor, a member of the 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
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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.
Analysis Prepared by : Thomas Clark / JUD. / (916) 319-2334
FN:
0004143