AB 343: California Public Records Act: elected or appointed officials.

Existing law, the California Public Records Act, requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. That law exempts from disclosure specified information relating to elected or appointed officials, and makes specified disclosures of information relating to elected or appointed officials a crime. The law defines elected or appointed official for that purpose to include, among other things, a judge or court commissioner, a federal judge or federal defender, and a judge of a federally recognized Indian tribe.

This bill would additionally include in the definition of the term elected or appointed official, a retired judge or court commissioner, a retired federal judge or federal defender, a retired judge of a federally recognized Indian tribe, and an appointee of a court to serve as childrens counsel in a family or dependency proceeding. By expanding a crime related to the unauthorized disclosure of information about elected or appointed officials, this bill would impose a state-mandated local program.

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 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.