CalPERS Loses Public Records Act Fight

Three years ago, I petitioned the California Public Employees Retirement System (CalPERS) to adopt regulations regarding requests for information pursuant to the California Public Records Act, Government Code § 6250 et seq. The purpose of my request was to improve the public’s access to information concerning CalPERS. Because California’s statutory process for the adoption of regulations involves public notice and comment as well as review by the Office of Administrative Law, it was, and remains, my belief that CalPERS’ compliance with these procedures should enhance accountability and transparency.

CalPERS, however, didn’t see it my way and refused to adopt its guidelines as regulations in compliance with the California Administrative Procedure Act (APA). CalPERS’ refusal was unusual because other state agencies, including the Department of Corporations and the Department of Managed Health Care, had already adopted their disclosure guidelines as regulations in compliance with the APA. See e.g., 5 CCR § 20310 (Library Board); 10 CCR § 250.9 (Dept. of Corporations); 16 CCR § 2524.1 (Board of Vocational Nurse and Psychiatric Technician Examiners); and 28 CCR § 1006 (Dept. of Managed Health Care).

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Allen Matkins Leck Gamble Mallory & Natsis LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.