Access to Public Records

FEHC Guidelines for Access to Public Records
Under the California Public Records Act, Gov. Code, §§ 6250 – 6276.48

I. PURPOSE

These Guidelines outline the procedures to be followed at the Fair Employment and Housing Commission in making records available to the public in response to a request under the California Public Records Act.

It is the policy of the Commission that public records are open to inspection at all times during the Commission’s office hours, Monday to Friday, 9:00 a.m. to 5 p.m.

II. DEFINITIONS

The following definitions apply to these Guidelines:

1. "Commission" means the Fair Employment and Housing Commission, located at 455 Golden Gate Avenue, Suite 10600, San Francisco.
2. "Member of the public" means any person who is not acting on behalf of any government or public agency, federal, state or local.
3. "Person" includes any natural person, corporation, partnership, limited liability company, firm, or association.
4. "Public Record" includes any writing containing information relating to the conduct of the public’s business prepared, used, or maintained by the Commission. "Public records" of the Commission refer to any writing prepared on or after January 1, 1981, and maintained subject to the Commission’s Retention Policy.
5. "Exempt from disclosure" refers to records which are exempted from release to the public by the California Public Records Act or other provision of law. Such records shall not be produced to the public.

III. EXAMPLES OF RECORDS THAT MAY BE AVAILABLE

1. Rule-making files relating to the adoption and implementation of regulations by the Commission under the Fair Employment and Housing Act ("FEHA," Gov. Code, § 12900, et seq.).
2. Records of the regularly scheduled Open Session public meetings of the Commission.
   

   FEHC Public Records Act Guidelines

3. Final decisions issued by the Commission, including precedential and non-precedential decisions.
4. Statements of Economic Interest on file with the Commission.

IV. RECORDS EXEMPT FROM DISCLOSURE

1. Records which relate to Closed Session proceedings of the Commission.
2. Records pertaining to administrative adjudication by the Commission or where there is pending litigation in which the Commission is a party, until the pending litigation or claim have been finally adjudicated or otherwise settled. [Gov. Code, § 6254, subd. (b)]. Once the pending case has been closed by the Commission, the public records contained in the closed case file relating to the Commission’s final decision may be subject to disclosure, subject to the Commission’s Record Retention Policy.
3. Confidential mediation and settlement conference records.
4. Preliminary drafts, notes, or internal memoranda that are not retained by the Commission in the ordinary course of business.
5. Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy. [Gov. Code, § 6254, subd. (c)].
6. Test questions, scoring keys, and other examination data related to examinations for employment or promotion. [Gov. Code, § 6254, subd. (g)].
7. Records the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege. [Gov. Code, § 6254, subd. (k)].
8. Any and all confidential communications including but not limited to those between the Commission and its attorneys, and administrative law judges and their legal interns or Commission counsel. [Evid. Code, § 954].
9. Records of documents covered by the attorney work product privilege, or any other judicially recognized privilege, including but not limited to, the deliberative process privilege.
10. Documents which are privileged under Section 1040 of the Evidence Code.
11. Records in which the Commission determines that, on the facts of the particular case, the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record. [Gov. Code, §6255].

The cost and burden to the Commission may be relevant factors in determining the public interest in not making the record public.

V. PROCEDURE: How to Request Copies of Public Records

1. All requests for copies of public records should be made in writing and addressed to the Commission, at 455 Golden Gate Avenue, Suite 10600, San Francisco, California 94102.
2. The request should be clearly marked Public Records Request.
3. All requests should be clear and specific in describing what record is sought.
4. Inspection of public records shall be allowed on terms and conditions set by the Commission so as not to disrupt the Commission’s ordinary course of business and operational functions.
5. Copies of records that are not exempt from disclosure will be made available on pre-payment of the copying costs (10 cents per page).
6. To permit sufficient time for the Commission to compile the records for review in person at the Commission’s offices, an appointment to view the records should be made by the person requesting the records.

These guidelines shall be posted in a conspicuous public place in the Commission’s office, and a free copy shall be provided upon request.