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).

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