BILL ANALYSIS Ó
AB 634
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 634 (Gomez)
As Amended June 15, 2014
Majority vote
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|ASSEMBLY: | |(May 13, 2013) |SENATE: |33-0 |(August 22, |
| | | | | |2014) |
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(vote not relevant)
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|COMMITTEE VOTE: |10-0 |(August 28, 2014) |RECOMMENDATION: |concur |
|(Jud.) | | | | |
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Original Committee Reference: HIGHER ED.
SUMMARY : Authorizes the recognized collective bargaining
representative of an elected or appointed official who is a peace
officer, a District Attorney, or a Deputy District Attorney to make
a demand that certain information not be disclosed under a Public
Records Act request.
The Senate amendments delete the Assembly version of this bill, and
instead:
1)Authorize an elected or appointed official who is a peace
officer, as defined, a District Attorney, or a Deputy District
Attorney, to also designate his or her recognized collective
bargaining representative to make a written non-disclosure demand
on his or her behalf.
2)Clarify that a person, business, or association is prohibited
from publicly posting or publicly displaying on the Internet the
home address or telephone number of any elected or appointed
official if that official has, either directly or through a
designated agent, made a written demand of that person, business,
or association to not disclose his or her home address or
telephone number.
EXISTING LAW :
1)Provides, under the California Public Records Act (CPRA), that
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all public records are accessible to the public upon request,
unless the record requested is exempt from public disclosure.
2)Defines state agency, for purposes of the CPRA, to include every
state office, department, division, bureau, board, and commission
or other state body or agency, except for the Legislature and the
Judiciary.
3)Prohibits a state or local agency from posting the home address
or telephone number of any elected or appointed official on the
Internet without first obtaining the written permission of that
individual.
4)Prohibits a person from knowingly posting the home address or
telephone number of any elected or appointed official, or of the
official's residing spouse or child, on the Internet knowing that
person is an elected or appointed official and intending to cause
imminent great bodily harm that is likely to occur or threatening
to cause imminent great bodily harm to that individual, and
provides that a violation is a misdemeanor, unless the violation
leads to the bodily injury of the official, or his or her
residing spouse or child, in which case the violation is a
misdemeanor or a felony.
5)Prohibits a person, business, or association from publicly
posting or publicly displaying on the Internet the home address
or telephone number of any elected or appointed official if that
official has made a written demand of that person, business, or
association to not disclose his or her home address or telephone
number.
6)States that a written non-disclosure demand made by a state
constitutional officer, a mayor, or a member of the Legislature,
a city council, or a board of supervisors must include a
statement describing a threat or fear for the safety of that
official or of any person residing at the official's home
address, and provides that written demand made by an elected
official is effective for four years, regardless of whether or
not the official's term has expired prior to the end of the
four-year period.
7)Authorizes an elected or appointed official to designate in
writing the official's employer, a related governmental entity,
or any voluntary professional association of similar officials to
act, on behalf of that official, as that official's agent with
regard to making a written demand.
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8)Requires a written demand made by an official's agent to include
a statement describing a threat or fear for the safety of that
official or of any person residing at the official's home
address.
9)Defines "elected or appointed official" to include, but is not
limited to, all of the following: state constitutional officers;
members of the Legislature; judges and court commissioners;
district attorneys; public defenders; members of a city council;
members of a board of supervisors; appointees of the Governor;
appointees of the Legislature; mayors; city attorneys; police
chiefs and sheriffs; a public safety official; state
administrative law judges; federal judges and federal defenders;
and members of the United States Congress and appointees of the
United States President.
FISCAL EFFECT : None
COMMENTS : The California Public Records Act requires state and
local agencies to make public records available for inspection by
the public, with specified exceptions. One such exception
prohibits a person, business, or association from publicly posting
or displaying on the Internet the home address or telephone number
of any elected or appointed official if that official has made a
written demand to not have that information disclosed, and allows
the elected or appointed official to designate the official's
employer, a related governmental entity, or a voluntary
professional association of similar officials to act as that
official's agent to make that written demand. This bill would,
additionally, authorize an elected or appointed official who is a
peace officer, as defined, a District Attorney, or a Deputy
District Attorney to also designate his or her recognized
collective bargaining representative to make that written demand on
the official's behalf.
As is required for a written demand by a constitutional officer, a
mayor, a member of the Legislature, a city council member, or a
member of a board of supervisors, or their agents, this written
demand would include a statement describing the threat or fear for
the safety of the official and persons residing at the official's
home address. Since peace officers, District Attorneys, and Deputy
District Attorneys who are members of unions necessarily utilize
the services of their union representatives regarding work-related
problems, this bill would authorize the union representative to
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submit the written demand on behalf of the peace officer. The
union representative, like the official's employer, related
governmental entity, or voluntary professional association, has
information and a particular understanding of the official's
situation. The authorization provided in this bill is in keeping
with the existing authority allowing an official's employer, a
related governmental entity, or any voluntary professional
association of similar officials to make a demand.
Analysis Prepared by : Thomas Clark / JUD. / (916) 319-2334
FN: 0005544