Frequently Asked About the Governor and the Public Records Act

Frequently Asked About the Governor and the Public Records Act By Chris Micheli

            Where is California’s law dealing with access to public records? It is found in the Government Code, California’s Public Records Act (PRA), which is contained in Division 10 of Title 1.

Does the PRA apply to the Governor? The PRA contains 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.

            What does Government Code Section 7928.000 provide? It says 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.

Is there a limitation on the Governor’s exemption? Yes, public records cannot be transferred to the custody of the Governor’s Legal Affairs Secretary to evade the disclosure provisions of the PRA.

            What does Government Code Section 7928.005 provide? It 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.

Is there a limitation on the Governor’s transfer ore records to the Archives? Yes, 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.

            For how long can public access be restricted? Access cannot be restricted for a period greater than 50 years or the death of the Governor, whichever is later?

Are certain Governor’s Office documents exempt from any limit on public access? Yes, there cannot 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.

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