CALIFORNIA PUBLIC RECORDS ACT
GOVERNMENT CODE SECTION 6250 ET SEQ
Signed into law in 1968 after 15 years of legislative discussion, the California Public Records Act (“CPRA”) is based upon the “fundamental precept … that governmental records shall be disclosed to the public, upon request, unless there is a specific reason not to do so”. Specifically, the Legislature stated that it is every Californian's “fundamental and necessary right” to have access to information concerning the conduct of the public's business and, through this, the ability to monitor the functioning of government.
All state and local governmental agencies are subject to the CPRA for the production of identifiable public documents. In responding to requests, institutions must weigh two competing interests – privacy and access to public records (See The UCOP ABCs of Privacy and Public Records).
Exemptions to disclosure based on privacy commonly fall into two categories: 1) an individual's right to privacy in matters such as personnel or medical records; and 2) an agency's need to protect confidential records to ensure performance of its duties in a “reasonably efficient manner”. The general balancing test which governs disclosure places the responsibility on the agency to “establish that the public interest in nondisclosure clearly outweighs the public interest in disclosure”.
With openness now a given cornerstone of government and a public expectation, UCSF, like other public agencies, has established a system for processing CPRA requests, both internally, coordinating among various campus units; and, externally, working with the University of California, Office of the General Counsel for guidance on systemwide requests. Institutions have 10 days from the date of receipt to acknowledge requests. At UCSF, this task falls to CPRA Coordinator Brenda Gee, Communications Manager, in the Office of the Chancellor. Working with her are Designated Unit Coordinators, as follows:
Dean's Office – School of Dentistry: Alexis Purcell
Dean's Office – School of Medicine: Laura Cavanaugh
Dean's Office – School of Nursing: Zina Mirsky
Dean's Office – School of Pharmacy: Rob Duca
Executive Vice Chancellor and Provost's Office – Academic Affairs: Wanda Ellison Crockett
Senior Vice Chancellor's Office – Administration and Finance : Adrian Sooy
Senior Vice Chancellor's Office – University Advancement and Planning: Lydia Derugin
Medical Center: Frances Flannery
The Office of Legal Affairs works with Brenda and the Office of the General Counsel in legal and policy analysis and determining if records will be disclosed. Any department receiving a CPRA request should contact Brenda or the appropriate Designated Unit Coordinator for guidance.
References
Further information on UCSF's policy on access to records, can be found in Administrative Policy 050-21.
An instructive overview of the entire CPRA can be found in the California Attorney General's Summary of the California Public Records Act 2004.
See also California Government Code Section 6250 et seq.
The ABC's of Public Records - .doc (57K)
Public Access to Records Manual - .pdf (408K)