Amended in Senate June 13, 2016

Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2843

Introduced by Assembly Member Chau

February 19, 2016

An act to amend begin delete Section end delete begin insert Sections 6253.2 and end insert 6254.3 of the Government Code, relating to public records.

LEGISLATIVE COUNSEL’S DIGEST

AB 2843, as amended, Chau. Public records: employee contact information.

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.

This bill would extend the limitation on the disclosure of the personal information begin delete of state employees and end delete begin insert described above to all end insert employees of a begin delete school district or county office of education, described above, end delete begin insert public agency and would extend the limitation end insert to begin insert include end insert personal cellular telephone begin delete numbers and end delete begin insert numbers, end insert personal electronic mail begin delete addresses. end delete begin insert addresses, and birth dates. end insert By increasing the duties of local officials, this bill would impose a state-mandated local program.

begin insert

Existing law additionally excepts from public inspection specified information regarding persons paid by the state to provide in-home supportive services. Existing law requires copies of names, addresses, and telephone numbers of those persons to be made available, upon request, to an exclusive bargaining agent and to any labor organization seeking representation rights, as specified.

end insert begin insert

This bill would additionally require personal cellular telephone numbers, personal electronic mail addresses, and birth dates of those persons to be made available to an exclusive bargaining agent and to any labor organization seeking representation rights.

end insert

Existing 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.

This bill would make legislative findings to that effect.

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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 6253.2 of the end insert begin insert Government Code end insert begin insert , as
amended by Section 1 of Chapter 37 of the Statutes of 2013, is
amended to read: end insert

6253.2.  

(a) Notwithstanding any other provision of this chapter
to the contrary, information regarding persons paid by the state to
provide in-home supportive services pursuant to Article 7
(commencing with Section 12300) of Chapter 3 of Part 3 of
Division 9 of the Welfare and Institutions Code, or services
provided pursuant to Section 14132.95, 14132.952, or 14132.956
of the Welfare and Institutions Code, is not subject to public
disclosure pursuant to this chapter, except as provided in
subdivision (b).

(b) Copies of names, addresses, begin delete and end delete begin insert home end insert telephone begin delete numbers end delete
begin insert numbers, personal cellular telephone numbers, personal electronic
mail addresses, and birth dates end insert of persons described in subdivision
(a) shall be made available, upon request, to an exclusive
bargaining agent and to any labor organization seeking
representation rights pursuant to Section 12301.6 or 12302.25 of
the Welfare and Institutions Code or the In-Home Supportive
Services Employer-Employee Relations Act (Title 23 (commencing
with Section 110000)). This information shall not be used by the
receiving entity for any purpose other than the employee
organizing, representation, and assistance activities of the labor
organization.

(c) This section applies solely to individuals who provide
services under the In-Home Supportive Services Program (Article
7 (commencing with Section 12300) of Chapter 3 of Part 3 of
Division 9 of the Welfare and Institutions Code), the Personal Care
Services Program pursuant to Section 14132.95 of the Welfare
and Institutions Code, the In-Home Supportive Services Plus
Option pursuant to Section 14132.952 of the Welfare and
Institutions Code, or the Community First Choice Option pursuant
to Section 14132.956 of the Welfare and Institutions Code.

(d) Nothing in this section is intended to alter or shall be
interpreted to alter the rights of parties under the In-Home
Supportive Services Employer-Employee Relations Act (Title 23
(commencing with Section 110000)) or any other labor relations
law.

(e) This section shall be inoperative if the Coordinated Care
Initiative becomes inoperative pursuant to Section 34 of the act
that added this subdivision.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 6253.2 of the end insert begin insert Government Code end insert begin insert , as amended
by Section 2 of Chapter 37 of the Statutes of 2013, is amended to
read: end insert

6253.2.  

(a) Notwithstanding any other provision of this chapter
to the contrary, information regarding persons paid by the state to
provide in-home supportive services pursuant to Article 7
(commencing with Section 12300) of Chapter 3 of Part 3 of
Division 9 of the Welfare and Institutions Code or personal care
services pursuant to Section 14132.95 of the Welfare and
Institutions Code, is not subject to public disclosure pursuant to
this chapter, except as provided in subdivision (b).

(b) Copies of names, addresses, begin delete and end delete begin insert home end insert telephone begin delete numbers end delete
begin insert numbers, personal cellular telephone numbers, personal electronic
mail addresses, and birth dates end insert of persons described in subdivision
(a) shall be made available, upon request, to an exclusive
bargaining agent and to any labor organization seeking
representation rights pursuant to subdivision (c) of Section 12301.6
or Section 12302.25 of the Welfare and Institutions Code or
Chapter 10 (commencing with Section 3500) of Division 4 of Title
1. This information shall not be used by the receiving entity for
any purpose other than the employee organizing, representation,
and assistance activities of the labor organization.

(c) This section applies solely to individuals who provide
services under the In-Home Supportive Services Program (Article
7 (commencing with Section 12300) of Chapter 3 of Part 3 of
Division 9 of the Welfare and Institutions Code) or the Personal
Care Services Program pursuant to Section 14132.95 of the Welfare
and Institutions Code.

(d) Nothing in this section is intended to alter or shall be
interpreted to alter the rights of parties under the
Meyers-Milias-Brown Act (Chapter 10 (commencing with Section
3500) of Division 4) or any other labor relations law.

(e) This section shall be operative only if Section 1 of the act
that added this subdivision becomes inoperative pursuant to
subdivision (e) of that Section 1.

begin delete SECTION 1. end delete

begin insert SEC. 3. end insert   

Section 6254.3 of the Government Code is amended
to read:

6254.3.  

(a) The home addresses, home telephone numbers,
begin insert personal end insert cellular telephone numbers, begin delete and end delete personal electronic mail
begin delete addresses end delete begin insert addresses, and birth dates end insert of begin delete state employees and end delete begin insert all end insert
employees of a begin delete school district or county office of education end delete begin insert public
agency end insert shall not be deemed to be public records and shall not be
open to public inspection, except that disclosure of that information
may be made as follows:

(1) To an agent, or a family member of the individual to whom
the information pertains.

(2) To an officer or employee of another begin delete state agency, school
district, or county office of education end delete begin insert public agency end insert when necessary
for the performance of its official duties.

(3) To an employee organization pursuant to regulations and
decisions of the Public Employment Relations Board, except that
the home addresses, home telephone numbers, begin insert personal end insert cellular
telephone numbers, begin delete and end delete personal electronic mail begin delete addresses end delete
begin insert addresses, and birth dates end insert of employees performing law
enforcement-related functions shall not be disclosed.

(4) To an agent or employee of a health benefit plan providing
health services or administering claims for health services to begin delete state,
school districts, and county office of education employees end delete begin insert public
agencies end insert and their enrolled dependents, for the purpose of
providing the health services or administering claims for employees
and their enrolled dependents.

(b) Upon written request of any employee, begin delete a state agency, school
district, or county office of education end delete begin insert a public agency end insert shall not
disclose the employee’s home address, home telephone number,
begin insert personal end insert cellular telephone number, begin delete or end delete personal electronic mail
begin delete address end delete begin insert address, or birth date end insert pursuant to paragraph (3) of
subdivision (a) and an agency shall remove the employee’s home
address, home telephone number, cellular telephone number, and
personal electronic mail address from any mailing list maintained
by the agency, except if the list is used exclusively by the agency
to contact the employee.

begin delete SEC. 2. end delete

begin insert SEC. 4. end insert   

The Legislature finds and declares that begin delete Section 1 end delete
begin insert Sections 1, 2, and 3 end insert of this act, which begin delete amends Section end delete begin insert amend
Sections 6253.2 and end insert 6254.3 of the Government Code, begin delete imposes end delete
begin insert impose end insert a limitation on the public’s right of access to the meetings
of public bodies or the writings of public officials and agencies
within the meaning of Section 3 of Article I of the California
Constitution. Pursuant to that constitutional provision, the
Legislature makes the following findings to demonstrate the interest
protected by this limitation and the need for protecting that interest:

In order to protect the privacy and well-being of state and local
employees, it is necessary to limit access to their personal and
emergency contact information.

begin delete SEC. 3. end delete

begin insert SEC. 5. end insert   

The Legislature finds and declares that begin delete Section 1 end delete
begin insert Sections 1, 2, and 3 end insert of this act, which begin delete amends Section end delete begin insert amend
Sections 6253.2 and end insert 6254.3 of the Government Code, begin delete furthers, end delete
begin insert further, end insert 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:

In protecting the privacy and well-being of state and local
employees, by appropriately limiting general access to their
personal and emergency contact information, this bill furthers the
purpose of paragraph (7) of subdivision (b) of Section 3 of Article
I of the California Constitution.

begin delete SEC. 4. end delete

begin insert SEC. 6. end insert   

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.