California Public Records Act Overview

POLICY A-74 & OTHER GENERAL LAWS

POLICY A POLICY A- -74 TOPICS 74 TOPICS Formation of New Committees Appointments and length of terms General Disclosures that Apply to All Committee Members Resignations and Filling Vacancies Code of Conduct General Rules for Meetings, Minutes, and Officers Model By-laws Training Requirements Restrictions on campaigning for or against candidates or ballot measures Process for recommending to the Board to support or oppose pending legislation Defense & Indemnity 2

DEFENSE & INDEMNIFICATION DEFENSE & INDEMNIFICATION The committee must have been created by the Board of Supervisors which determines what the committee s functions are The committee s membership is identifiable subcommittees not usually covered The committee member was appointed by the Board of Supervisors or appointed, per Board action, by someone else as a County representative Coverage provided for the alleged act if: It occurred during a lawful meeting It was within the reasonable scope of the committee s duties Member received training Member made request to County Counsel for defense and indemnity within 5 days of being served the complaint Member acted in good faith 3

LAWS OF GENERAL APPLICABILITY LAWS OF GENERAL APPLICABILITY Founding documents (ordinance, resolution or policy): Scope of responsibilities Whether or not entitled to reimbursement of any expenses Certain BCCs must also complete the annual incompatible activities form For example, disclosure of efforts to fundraise for non-profits Role of County Counsel: primary legal advisor to the County and Board of Supervisors, provides legal assistance as needed to BCCs but does not represent the BCC members individually Fair Employment and Housing Act (FEHA): no discrimination based on protected class Public Records Act 4

CALIFORNIA PUBLIC RECORDS ACT CALIFORNIA PUBLIC RECORDS ACT Government Code Section 7920.000 et seq. allows access to public records Public records include: any writing containing information relating to the conduct of the public s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. Gov t Code 7920.530 Writing means: any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording regardless of the manner in which the record has been stored. Gov t Code 7920.545 5

GROUPS ARE SUBJECT TO A PRA REQUEST GROUPS ARE SUBJECT TO A PRA REQUEST All County boards, committees, and commissions are subject to Public Records Act requests (PRAs) All writings related to County boards, committees, and commissions business may need to be disclosed upon request You will need to disclose all public records in your possession INCLUDING emails and text messages on your personal devices that are the public s business: Based on content, scope, context/purpose, and audience 6

DISCLOSURE EXEMPTIONS DISCLOSURE EXEMPTIONS The Public Records Act includes certain exemptions from disclosure to protect reasonable privacy interests, but unless an exemption applies, responsive records must be disclosed Common exemptions include: litigation, personnel, law enforcement, taxpayer info, and other privileged communications. No state or local agency shall post 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 t Code 7928.205 County staff can assist with questions if your group is subject to a Public Records Act request 7