BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2843


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          2843 (Chau)


          As Amended  August 18, 2016


          Majority vote


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          Original Committee Reference:  JUD.


          SUMMARY:  Clarifies that an existing provision of the California  
          Public Records Act that exempts the homes addresses and home  
          telephone numbers of certain public employees from public  
          disclosure so that it applies to all public employees, including  
          persons paid by the state to provide in-home support services,  
          and extends the exemption to include the employee's personal  
          cell phone number and personal e-mail address.  Specifically,  
          this bill:  


          1)Extends an existing provision of the California Public Records  
            Act that exempts the home addresses and home telephone numbers  
            of state employees and employees of a school district or  
            county office of education from public disclosure so that it  
            applies to all public employees, including persons paid by the  
            state to provide in-home support services, and extends the  
            exemption to include an employee's personal cellular phone  
            numbers and personal electronic mail addresses. 








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          2)Makes findings, as required by the California Constitution,  
            that this bill's limitation on the public's right to access  
            public records is necessary in order to protect the privacy  
            and well-being of state and local employees by limiting access  
            to their personal and emergency contact information.   


          The Senate amendments: 


          1)Extend that disclosure exemption to all public employees,  
            including persons paid by the state to provide in-home support  
            services.


          2)Make technical and clarifying amendments. 


          EXISTING LAW:  




          1)Provides that public records are open to public inspection,  
            unless expressly exempted by a provision of the Public Records  
            Act or another statute.  


          2)Provides that the home addresses and home telephone numbers of  
            state employees and employees of a school district or county  
            office of education shall not be deemed to be public records  
            and shall not be open to public inspection, unless the  
            disclosure is made to an agent or family member of the  
            employee; an officer or employee of another state agency,  
            school district, or county office of education when necessary  
            for the performance of official duties; to an employee  
            organization, as specified; or to an agent of a health benefit  
            plan, as specified.  










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          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.


          COMMENTS:  Existing law exempts from disclosure under the  
          California Public Records Act (CPRA) the home addresses and home  
          phone numbers of state employees and employees of a school  
          district or county office of education, unless the disclosure is  
          made to a family member, an employee organization or to another  
          agency or entity for a designated administrative purpose.  This  
          non-controversial bill simply extends this exemption to include  
          modern forms of employee contact information:  personal cell  
          phone numbers and personal e-mail addresses.  Additionally, this  
          bill extends the exemption to all employees of a public agency,  
          including persons paid by the state to provide in-home support  
          services, whereas existing law only applies to state employees  
          and employees of local educational entities.   


          California Case Law on a Public Employee's Personal Information:  
           As noted by Service Employees International Union (SEIU) in its  
          letter supporting this bill, the California courts interpreting  
          the CPRA - like federal courts interpreting the Freedom of  
          Information Act (FOIA) - have already begun to move in the  
          direction of keeping a public employee's personal contact  
          information confidential.  For example, in Sonoma County  
          Employee's Retirement Association v. Superior Court (2011), a  
          newspaper requested that the county's pension system provide the  
          paper with records showing the name of each former employee  
          receiving a pension from the county, the former employee's age  
          at retirement, and the amount of the pension that the former  
          employee received.  When the pension system refused the request,  
          the newspaper successfully obtained a writ of mandate from the  
          superior court ordering the system to turn over the information.  
           The California Court of Appeal, however, overturned that part  
          of the order requiring disclosure of the age at retirement, but  
          upheld that part of the order that required the pension system  
          to turn over the names of retirees and amounts of their  
          pensions.  In rejecting the claims of the pension system that  
          the retirees' privacy interests outweighed any public interest  
          in names and pension amounts of individual employees, the court  
          stressed that "our ruling will not result in the release of home  








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          addresses, telephone numbers, or e-mail addresses of retirees  
          and beneficiaries." (Sonoma County Employee's Retirement  
          Association v. Superior Court (2011) 198 Cal. App. 986, quote at  
          1006; emphasis added.)  The Court's statement was only dicta,  
          since the court was not asked to decide whether retirees'  
          privacy interests in home addresses, phone numbers, and e-mail  
          addresses sufficiently outweighed the public interest in  
          disclosure.  Nonetheless, the court's statement suggests at the  
          very least that it saw e-mail addresses as the equivalent of the  
          home address and home phone number.  In addition, it shows that  
          the courts are willing to protect the contact information of all  
          public employees - not just the state employees or local school  
          employees covered by Government Code Section 5254.3 - by citing  
          other provisions of the CPRA, including the so-called  
          "catch-all" balancing test that allows an agency to withhold  
          information if the public interest in non-disclosure "clearly  
          outweighs" the public interest in disclosure. 


          Analysis Prepared by:                                             
                          Thomas Clark / JUD. / (916) 319-2334  FN:  
          0004716