The Governor and the Public Records Act

The Governor and the Public Records Act By Chris Micheli

            California’s Government Code provides for access to public records, which is set forth in the California Public Records Act (PRA), which is contained in Division 10 of Title 1. There are specified types of public records and rules related to certain public employees and officials. Article 1 of Chapter 14 of Part 5 of Division 10 of Title 1 deals with the Governor.

            Government Code Section 7928.000 provides that, with specified exceptions, the Public Records Act does not require the disclosure of correspondence of and to the Governor or employees of the Governor’s office or in the custody of or maintained by the Governor’s Legal Affairs Secretary. However, public records cannot be transferred to the custody of the Governor’s Legal Affairs Secretary to evade the disclosure provisions of the PRA.

            Section 7928.005 specifies that, when the Governor leaves office, either voluntarily or involuntarily, public records in the custody or control of the Governor are to be transferred to the State Archives as soon as practical. Nonetheless, the Governor may publicly write restrictions regarding public access to any of the transferred public records, or any other writings the Governor may transfer that have not already been made accessible to the public.

            However, public access cannot be restricted for a period greater than 50 years or the death of the Governor, whichever is later, nor can there be any restriction whatsoever with respect to enrolled bill files, press releases, speech files, or writings relating to applications for clemency or extradition in cases that have been closed for a period of at least 25 years.

Section 7928.010 specifies that, for a Governor who held office between 1974 and 1988, the limitation above does not apply to public records or other writings that were in the Governor’s direct custody or control at the time of leaving office, except to the extent that the Governor may voluntarily transfer those records or other writings to the State Archives. However, this does not apply to enrolled bill files, press releases, speech files, or writings relating to applications for clemency or extradition.

In addition, the public records and other writings of any Governor who held office between 1974 and 1988 may be transferred to any educational or research institution in California. With respect to public records, however, public access cannot be restricted for a period greater than 50 years or the death of the Governor, whichever is later.

 

An institution receiving records or writings is required to allow the Secretary of State, as custodian of the State Archives, to copy at state expense, and to make available to the public, any public records, and inventories, indices, or finding aids relating to those records that the institution makes available to the public generally.

 

Section 7928.015 authorizes the Secretary of State to appraise and manage new or existing records to determine whether the records are appropriate for preservation in the State Archives.

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