AB 2843,
as amended, Chau. Publicbegin delete records.end deletebegin insert records: employee contact information.end insert
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.
end insertbegin insertThis bill would extend the limitation on the disclosure of the personal information of state employees and employees of a school district or county office of education, described above, to personal cellular telephone numbers and personal electronic mail addresses. By increasing the duties of local officials, this bill would impose a state-mandated local program.
end insertbegin insertExisting 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.
end insertbegin insertThis bill would make legislative findings to that effect.
end insertbegin insertThe 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.
end insertbegin insertThis bill would make legislative findings to that effect.
end insertbegin insertThe 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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertThe California Public Records Act requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. The act declares that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state.
end deleteThis bill would make a nonsubstantive change to these provisions.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 6254.3 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert
(a) The homebegin delete addresses andend deletebegin insert addresses,end insert home telephone
4begin delete numbersend deletebegin insert numbers, cellular telephone numbers, and personal
5electronic mail addressesend insert of state employees and employees of a
6school district or county office of education shall not be deemed
7to be public records and shall not be open to public inspection,
8except that disclosure of that information may be made as follows:
9(1) To an agent, or a family member of the individual to whom
10the information pertains.
11(2) To an officer or employee of another state agency, school
12district, or county office of education when necessary for the
13performance of its official duties.
14(3) To an employee organization pursuant to regulations and
15decisions of the Public Employment Relations Board, except that
16the homebegin delete addresses andend deletebegin insert addresses,end insert home telephonebegin delete numbersend delete
P3 1begin insert numbers, cellular telephone numbers, and
personal electronic
2mail addressesend insert of employees performing law enforcement-related
3functions shall not be disclosed.
4(4) To an agent or employee of a health benefit plan providing
5health services or administering claims for health services to state,
6school districts, and county office of education employees and
7their enrolled dependents, for the purpose of providing the health
8services or administering claims for employees and their enrolled
9dependents.
10(b) Upon written request of any employee, a state agency, school
11district, or county office of education shall not disclose the
12employee’s homebegin delete address orend deletebegin insert address,end insert home telephonebegin delete numberend delete
13begin insert
number, cellular telephone number, or personal electronic mail
14addressend insert pursuant to paragraph (3) of subdivision (a) and an agency
15shall remove the employee’s homebegin delete address andend deletebegin insert address,end insert home
16telephonebegin delete numberend deletebegin insert end insertbegin insertnumber, cellular telephone number, and
17personal electronic mail addressend insert from any mailing list maintained
18by the agency, except if the list is used exclusively by the agency
19to contact the employee.
The Legislature finds and declares that Section 1 of
21this act, which amends Section 6254.3 of the Government Code,
22imposes a limitation on the public’s right of access to the meetings
23of public bodies or the writings of public officials and agencies
24within the meaning of Section 3 of Article I of the California
25Constitution. Pursuant to that constitutional provision, the
26Legislature makes the following findings to demonstrate the interest
27protected by this limitation and the need for protecting that
28interest:
29In order to protect the privacy and well-being of state and local
30employees, it is necessary to limit access to their personal and
31emergency contact information.
The Legislature finds and declares that Section 1 of
33this act, which amends Section 6254.3 of the Government Code,
34furthers, within the meaning of paragraph (7) of subdivision (b)
35of Section 3 of Article I of the California Constitution, the purposes
36of that constitutional section as it relates to the right of public
37access to the meetings of local public bodies or the writings of
38local public officials and local agencies. Pursuant to paragraph
39(7) of subdivision (b) of Section 3 of Article I of the California
40Constitution, the Legislature makes the following findings:
P4 1In protecting the privacy and well-being of state and local
2employees, by appropriately limiting general access to their
3personal and emergency contact information, this bill furthers the
4purpose of paragraph (7) of subdivision (b) of Section 3 of Article
5I of the California Constitution.
No reimbursement is required by this act pursuant to
7Section 6 of Article XIII B of the California Constitution because
8the only costs that may be incurred by a local agency or school
9district under this act would result from a legislative mandate that
10is within the scope of paragraph (7) of subdivision (b) of Section
113 of Article I of the California Constitution.
Section 6250 of the Government Code is amended
13to read:
In enacting this chapter, the Legislature, mindful of the
15right of individuals to privacy, finds and declares that access to
16information regarding the conduct of the people’s business is a
17fundamental and necessary right of every person in this state.
O
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