Public Records of the Governor and Legislature

California’s Government Code, in Title 1, Division 10, Part 5, Chapter 14, it deals with access to public records of public employees or officials. Article 1 of Chapter 14 concerns the Governor. Article 2 of Chapter 14 deals with the Legislature.

Section 7928.000 specifies that this Division 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. In addition, public records are prohibited from being transferred to the custody of the Governor’s Legal Affairs Secretary to evade the disclosure provisions of this division.

Section 7928.005 provides 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. Additionally, the Governor, by written instrument, may set forth the terms of which records are to be made public and may restrict 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.

Moreover, 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, Section 7928.005 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 limitation 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. However, public access cannot be restricted for a period greater than 50 years or the death of the Governor, whichever is later. In addition, records or writings cannot be transferred unless the institution receiving them agrees to maintain, and does maintain, the materials according to commonly accepted archival standards.

An institution receiving public records is prohibited from destroying any of those records without first receiving the written approval of the Secretary of State, as custodian of the State Archives. The Secretary of State may require that the records be placed in the State Archives rather than being destroyed.

Section 7928.015 authorizes the Secretary of State to appraise and manage new or existing records in order to determine whether the records are appropriate for preservation in the State Archives. The Secretary of State is required to use professional archival practices.

Article 2 concerns the Legislature. Section 7928.100 provides that, with specified exceptions, this division does not require disclosure of any records that are in the custody of, or maintained by, the Legislative Counsel. However, this limitation does not apply to records in the public database maintained by the Legislative Counsel.