Headlines  |  Bills  |  The Nooner  |  Code/Laws  |  ElectionTrack $$$   |  Elections  |  About   |  Contact Scott |  
OR: Create Account  Log In

Get Scott's free daily lunchtime California Capitol news update, THE NOONER:
   
(): (California Senate Bill)

help



join the cool folks
and advertise on aroundthecapitol.com


california legislation > ():
Warning! This is a not the current version of this legislative bill.
Italicized text includes proposed additions to law or the previous version of the bill.
Struck text includes proposed deletions to law or the previous version of the bill.

(pdf version)
AMENDED IN ASSEMBLY JUNE 23, 2011
AMENDED IN ASSEMBLY JUNE 15, 2011
AMENDED IN SENATE MAY 26, 2011

INTRODUCED BY Senator Yee
(Principal coauthor: Assembly Member Block)
(Coauthor: Senator Calderon)
(Coauthors: Assembly Members Ammiano, Beall, Huffman, Portantino,
Silva, and Yamada)

DECEMBER 6, 2010

An act to add Article 7 (commencing with Section 72690) to Chapter
6 of Part 45 of Division 7 of, to add Article 1.5 (commencing with
Section 89913) to Chapter 7 of Part 55 of Division 8 of, and to add
Chapter 14 (commencing with Section 92950) to Part 57 of Division 9
of, Title 3 of, the Education Code, relating to public records.


LEGISLATIVE COUNSEL'S DIGEST


SB 8, as amended, Yee. Public records: auxiliary organizations and
UC campus foundations.
The California Public Records Act requires state and local
agencies to make their records available for public inspection and to
make copies available upon request and payment of a fee unless those
records are exempt from disclosure.
Existing law establishes the segments of the public postsecondary
education system in the state, including the University of California
administered by the Regents of the University of California, the
California State University administered by the Trustees of the
California State University, and the California Community Colleges
administered by the Board of Governors of the California Community
Colleges.
This bill would require records maintained by an auxiliary
organization of the governing board of a community college district,
the Board of Governors of the California Community Colleges, and
California State University, as defined, or a University of
California (UC) campus foundation, as defined, to be available to the
public to inspect or copy at all times during the office hours of
the organization or foundation, as specified. The bill would require
an auxiliary organization and a UC campus foundation to follow
specified requirements when fulfilling or denying a request for a
record. The bill would prohibit specified records maintained by an
auxiliary organization or UC campus foundation from being subject to
disclosure. The bill would prohibit an auxiliary organization
of the California State University from disclosing
trade secrets, as defined, and would require this information to be
redacted from the organization's records before disclosure. The bill
would provide specified judicial relief to persons seeking disclosure
of records from an auxiliary organization or a UC campus foundation
pursuant to this bill. The bill would require a disclosure of a
record, which is exempt from disclosure, by an auxiliary organization
or a UC campus foundation to constitute a waiver of the exemptions
provided by this bill with regard to that record, except as
specified. The bill would provide that a contract entered into after
the effective date of this bill, which would prevent the disclosure
of information required to be disclosed pursuant to this bill, is
void and unenforceable. The bill would provide that its provisions do
not apply to any records subject to a request made pursuant to the
California Public Records Act.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Article 7 (commencing with Section 72690) is added to
Chapter 6 of Part 45 of Division 7 of Title 3 of the Education Code,
to read:

Article 7. The California Community Colleges Transparency and
Accountability Act of 2011


72690. The Legislature finds and declares all of the following:
(a) Access to information concerning the conduct of the people's
business is a necessary and fundamental right of every person in this
state.
(b) The auxiliary organizations of a governing board of a
community college district and of the Board of Governors of the
California Community Colleges promote and assist the colleges by
engaging in activities that are essential and integral to the mission
and purpose of the California Community Colleges.
(c) The auxiliary organizations of a governing board of a
community college district and of the Board of Governors of the
California Community Colleges are independently governed
corporations that are
legally separate from the California
Community Colleges.
(d) Access to records used, owned, or maintained by these
auxiliary organizations must be balanced by the need to protect the
individual privacy rights of donors and volunteers, and to protect an
auxiliary organization's fiduciary interests.
72691. For purposes of this article, the following terms have the
following meanings:
(a) "Auxiliary organization" means those entities defined in
Sections 72670 and 72670.5.
(b) "Identifiable writing" means any handwriting, typewriting,
printing, photostating, photographing, photocopying, transmitting by
electronic mail or facsimile, and every other means of recording upon
any tangible thing, any form of communication or representation,
including, but not limited to, letters, words, pictures, sounds, or
symbols, or combinations thereof, and any record thereby created,
regardless of the manner in which the record has been stored.
72692. (a) Records maintained by an auxiliary organization shall
be available to the public to inspect or copy at all times during the
office hours of the auxiliary organization, except as hereafter
provided. The records subject to inspection or copying by the public
pursuant to this section shall include any identifiable writing
containing information relating to the conduct of the auxiliary
organization that is prepared, owned, used, or retained by an
auxiliary organization. Any reasonably segregable portion of a record
shall be promptly available for inspection and copying after
redacting those portions exempt from disclosure by law.
(b) Upon a request for a copy of a record that reasonably
describes an identifiable record, an auxiliary organization shall
make the record promptly available within a reasonable time to any
person upon payment of fees covering only the direct cost of
duplication, except with respect to records maintained by an
auxiliary organization exempt from disclosure by law. Nothing in this
article shall be construed to permit an auxiliary organization to
delay or obstruct the inspection or copying of public records.
(c) If a member of the public requests to inspect a public record
or obtain a copy of a record held by an auxiliary organization, the
organization shall assist the person to make a focused and effective
request that reasonably describes an identifiable record or records.
72693. (a) Upon a written request for a copy or inspection of
records, an auxiliary organization shall determine, within 10
calendar days from the receipt of the request, whether the request,
in whole or in part, seeks copies of disclosable records maintained
by the auxiliary organization and shall notify the requester in
writing without undue delay of the determination and the reasons
therefor.
(b) (1) In unusual circumstances, the time limit prescribed in
this section may be extended by a written notice by the head of the
auxiliary organization, or his or her designee, to the person making
the request that sets forth the reasons for the extension and the
date on which a determination is expected to be sent. That notice
shall not specify a date that would result in an extension of more
than 14 days. When the auxiliary organization sends the
determination, and if the auxiliary organization determines that the
request seeks disclosable public records, the auxiliary organization
shall state the estimated date and time when the records will be made
available.
(2) As used in this section, "unusual circumstances" means the
following, but only to the extent reasonably necessary to the proper
processing of the particular request:
(A) The need to search for and collect the requested records from
field facilities or other establishments that are separate from the
office processing the request.
(B) The need to search for, collect, and appropriately examine a
voluminous amount of separate and distinct records that are demanded
in a single request.
(C) The need for consultation, which shall be conducted with all
practicable speed, with another agency having a substantial interest
in the determination of the request or among two or more components
of the agency having a substantial subject matter interest therein.
(D) The need to compile data, to write programming language or a
computer program, or to construct a computer report to extract data.
(c) An auxiliary organization shall justify withholding a record
by demonstrating that the record is exempt from disclosure by law, or
that, on the facts of the particular request, the public interest
served by not disclosing the record clearly outweighs the public
interest served by disclosure of the record.
(d) A response to a written request for inspection or copies of
public records that includes a determination that the request is
denied, in whole or in part, shall be in writing and shall set forth
the names and titles or positions of each person responsible for the
denial.
(e) This article shall not limit access to a public record on the
basis of the purpose for which the record is being requested, if the
record is otherwise subject to disclosure.
72694. (a) Unless otherwise prohibited by law, an auxiliary
organization that has information that constitutes an identifiable
record not exempt from disclosure pursuant to this chapter that is in
an electronic format shall make that record available in an
electronic format when requested by any person and, when applicable,
shall comply with both of the following:
(1) An auxiliary organization shall make an electronic record
available in the electronic format in which it holds the information.

(2) An auxiliary organization shall provide a copy of an
electronic record in the format requested if the requested format is
one that has been used by the auxiliary organization to create copies
for its own use or for provision to other entities or persons. The
cost of duplication shall be limited to the direct cost of producing
a copy of a record in an electronic format.
(b) Notwithstanding paragraph (2) of subdivision (a), the
requester shall bear the cost of producing a copy of the record,
including the cost to construct a record, and the cost of programming
and computer services necessary to produce a copy of the record if
either of the following applies:
(1) In order to comply with the provisions of subdivision (a), an
auxiliary organization would be required to produce a copy of an
electronic record and the record is one that is produced only at
otherwise regularly scheduled intervals.
(2) The request would require data compilation, extraction, or
programming to produce the record.
(c) If a request is for a record in a nonelectronic format, and
the record is also available in an electronic format, an auxiliary
organization may inform the requester that the record is available in
an electronic format.
(d) Nothing in this section shall be construed to do any of the
following:
(1) Require an auxiliary organization to reconstruct a record in
an electronic format if the auxiliary organization no longer has the
record available in an electronic format.
(2) Permit an auxiliary organization to make a record available
only in an electronic format.
(3) Require an auxiliary organization to release an electronic
record in the electronic form in which it is held by the auxiliary
organization if its release would jeopardize or compromise the
security or integrity of the original record, or of any proprietary
software with which it is maintained.
(4) Permit public access to records held by an auxiliary
organization to which access is otherwise restricted by law.
72695. Nothing in this article shall require an auxiliary
organization to disclose information that is exempt from disclosure
pursuant to the exemptions set forth under Sections 6254 to 6255,
inclusive, of the Government Code.
72696. (a) Notwithstanding any other law, the following records
maintained by an auxiliary organization shall not be subject to
disclosure:
(1) Information that would disclose the identity of a donor,
prospective donor, or volunteer.
(2) Personal financial information, estate planning information,
and gift planning information of a donor, prospective donor, or
volunteer.
(3) Personal information related to a donor's private trusts or a
donor's private annuities administered by an auxiliary organization.
(4) Information related to fundraising plans, fundraising
research, and solicitation strategies to the extent that these
activities are not already protected under Section 99040, Title 5
(commencing with Section 3426) of Part 1 of Division 4 of the Civil
Code, Section 1060 of the Evidence Code, or subdivision (k) of
Section 6254 of the Government Code.
(5) The identity of students and alumni to the extent that this
information is already protected under state and federal statutes
applicable to the California Community Colleges. This paragraph shall
not apply to a part-time or full-time employee of the auxiliary
organization, or to a student who participates in a legislative body
of a student body organization that operates on a campus of a
California Community College.
(b) Subdivision (a) shall not be construed to exempt from
disclosure records that contain information regarding any of the
following:
(1) The amount and date of a donation.
(2) Any donor-designated use or purpose of a donation.
(3) Any other donor-imposed restrictions on the use of a donation.

(4) (A) The identity of a donor who, in any fiscal year, makes a
gift or gifts, in a quid pro quo arrangement, where either the value
of the benefit received is in excess of two thousand five hundred
dollars ($2,500) or the benefit would be impermissible under state or
federal law. In these circumstances, records pertaining to the gift
or gifts maintained by an auxiliary organization that would otherwise
be exempt from disclosure under subdivision (a) shall be disclosed.
(B) Annually, on January 1, the monetary threshold set forth in
subparagraph (A) shall be adjusted upward or downward to reflect the
percentage change in the Consumer Price Index, as calculated by the
United States Bureau of Labor Statistics, rounded off to the nearest
one thousand dollars ($1,000).
(5) Self-dealing transactions, including, but not limited to,
loans of money or property, or material financial interests of or
between auxiliary officers or directors and an auxiliary
organization, as set forth in Sections 5233 and 5236 of the
Corporations Code. In these circumstances, records pertaining to the
self-dealing transactions maintained by an auxiliary organization
that would otherwise be exempt from disclosure under subdivision (a)
shall be disclosed.
(6) Any instance in which a volunteer or donor of a gift is
awarded, within five years of the date of the service or gift, a
contract from the university or auxiliary organization that was not
subject to competitive bidding. In these circumstances, records
pertaining to the service or gift maintained by an auxiliary
organization that would otherwise be exempt from disclosure under
paragraph (1) of subdivision (a) shall be disclosed.
72696.5. (a) Notwithstanding any provision of law, trade secrets,
as defined in Section 3426.1 of the Civil Code, shall not be subject
to disclosure. This information shall be redacted from auxiliary
organization records before disclosure.
(b) For purposes of this section, "trade secrets" means
information, including a formula, pattern, compilation, program,
device, method, technique, or process, that does both of the
following:
(1) Derives independent economic value, actual or potential, from
not being generally known to the public or to other persons who can
obtain economic value from its disclosure or use.
(2) Is the subject of efforts that are reasonable under the
circumstances to maintain its secrecy.

72697. Any person may institute proceedings for injunctive or
declarative relief or writ of mandate in any court of competent
jurisdiction to enforce his or her right to inspect or to receive a
copy of any record or class of records maintained by an auxiliary
organization under this article. The times for responsive pleadings
and for hearings in these proceedings shall be set by the judge of
the court with the object of securing a decision as to these matters
at the earliest possible time.
72698. (a) Whenever it is made to appear by verified petition to
the superior court of the county where the records or some part
thereof are situated that certain records maintained by an auxiliary
organization are being improperly withheld from a member of the
public, the court shall order the officer or person charged with
withholding the records to disclose the record or show cause why he
or she should not do so. The court shall decide the case after
examining the record in camera, if permitted by subdivision (b) of
Section 915 of the Evidence Code, papers filed by the parties, and
any oral argument and additional evidence as the court may allow.
(b) If the court finds that an auxiliary organization official's
decision to refuse disclosure is not justified under this article, he
or she shall order the official to make the record public. If the
judge determines that the official was justified in refusing to make
the record public, he or she shall return the item to the official
without disclosing its content with an order supporting the decision
refusing disclosure.
(c) An order of the court, either directing disclosure by an
auxiliary organization or supporting the decision of the auxiliary
organization official refusing disclosure, is not a final judgment or
order within the meaning of Section 904.1 of the Code of Civil
Procedure from which an appeal may be taken, but shall be immediately
reviewable by petition to the appellate court for the issuance of an
extraordinary writ. Upon entry of any order pursuant to this
section, a party shall, in order to obtain review of the order, file
a petition within 20 days after service upon him or her of a written
notice of entry of the order, or within such further time not
exceeding an additional 20 days as the trial court may for good cause
allow. If the notice is served by mail, the period within which to
file the petition shall be increased by five days. A stay of an order
or judgment shall not be granted unless the petitioning party
demonstrates it will otherwise sustain irreparable damage and
probable success on the merits. Any person who fails to obey the
order of the court shall be cited to show cause why he or she is not
in contempt of court.
(d) The court shall award court costs and reasonable attorney's
fees to the plaintiff should the plaintiff prevail in litigation
filed pursuant to this section. The costs and reasonable attorney's
fees shall be paid by the auxiliary organization of which the
official is a member or employee and shall not become a personal
liability of the auxiliary organization official. If the court finds
that the plaintiff's case is clearly frivolous, the court shall award
court costs and reasonable attorney's fees to the auxiliary
organization.
72699. (a) Notwithstanding any other provision of law, and except
as provided for in subdivision (c), whenever an auxiliary
organization discloses a record it maintains that is otherwise exempt
from this article, this disclosure shall constitute a waiver of the
exemptions specified in this article.
(b) For purposes of this section, "auxiliary organization"
includes a member, agent, volunteer, or officer of the auxiliary
organization acting within the scope of his or her affiliation with
the auxiliary.
(c) Subdivision (a) shall not apply to the following disclosures:
(1) Disclosures made to a donor or prospective donor with regard
to that donor's donation or prospective donation to an auxiliary
organization.
(2) Disclosures made to a volunteer or prospective volunteer with
respect to that volunteer's services being provided to the auxiliary
organization.
(3) Disclosures made through other legal proceedings or as
otherwise required by law.
(4) Disclosures within the scope of a disclosure required by law
that limits disclosure of specified writings to certain purposes.
(5) Disclosures described in subdivision (a) of Section 72696 to
an auditor conducting an audit.
(6) Disclosures described in subdivision (a) of Section 72696 to a
bank or similar financial institution in the course of ordinary
financial transactions, or in response to a request from the bank or
other financial institution relating to the ordinary delivery of
financial services.
72700. Any provision in a contract entered into after the
effective date of this article between an auxiliary and another party
that would prevent the disclosure of information required to be
disclosed pursuant to this article is void and unenforceable, and
such a provision shall not justify a failure to comply with the
requirements of this article.
72701. This article shall not apply to any records subject to a
request made pursuant to the California Public Records Act, as set
forth in Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1 of the Government Code.
SEC. 2. Article 1.5 (commencing with Section 89913) is added to
Chapter 7 of Part 55 of Division 8 of Title 3 of the Education Code,
to read:

Article 1.5. California State University Auxiliary
Organizations Transparency and Accountability Act of 2011


89913. The Legislature finds and declares all of the following:
(a) Access to information concerning the conduct of the people's
business is a necessary and fundamental right of every person in this
state.
(b) California State University auxiliary organizations promote
and assist the Trustees of the California State University by
engaging in activities that are essential and integral to the mission
and purpose of the California State University.
(c) California State University auxiliary organizations are
independently governed corporations that are legally separate from
the California State University.
(d) Access to records used, owned, or maintained by auxiliary
organizations must be balanced by the need to protect the individual
privacy rights of donors and volunteers, and to protect an auxiliary
organization's fiduciary interests.
89913.5. For purposes of this article, the following terms have
the following meanings:
(a) "Auxiliary organization" means those entities defined in
Section 89901.
(b) "Identifiable writing" means any handwriting, typewriting,
printing, photostating, photographing, photocopying, transmitting by
electronic mail or facsimile, and every other means of recording upon
any tangible thing, any form of communication or representation,
including, but not limited to, letters, words, pictures, sounds, or
symbols, or combinations thereof, and any record thereby created,
regardless of the manner in which the record has been stored.
89914. (a) Records maintained by an auxiliary organization shall
be available to the public to inspect or copy at all times during the
office hours of the auxiliary organization, except as hereafter
provided. The records subject to inspection or copying by the public
pursuant to this section shall include any identifiable writing
containing information relating to the conduct of the auxiliary
organization that is prepared, owned, used, or retained by an
auxiliary organization. Any reasonably segregable portion of a record
shall be promptly available for inspection and copying after
redacting those portions exempt from disclosure by law.
(b) Upon a request for a copy of a record that reasonably
describes an identifiable record, an auxiliary organization shall
make the record promptly available within a reasonable time to any
person upon payment of fees covering only the direct cost of
duplication, except with respect to records maintained by an
auxiliary organization exempt from disclosure by law. Nothing in this
article shall be construed to permit an auxiliary organization to
delay or obstruct the inspection or copying of public records.
(c) If a member of the public requests to inspect a public record
or obtain a copy of a record held by an auxiliary organization, the
organization shall assist the person to make a focused and effective
request that reasonably describes an identifiable record or records.
89914.5. (a) Upon a written request for a copy or inspection of
records, an auxiliary organization shall determine, within 10
calendar days from the receipt of the request, whether the request,
in whole or in part, seeks copies of disclosable records maintained
by the auxiliary organization and shall notify the requester in
writing without undue delay of the determination and the reasons
therefor.
(b) (1) In unusual circumstances, the time limit prescribed in
this section may be extended by a written notice by the head of the
auxiliary organization, or his or her designee, to the person making
the request that sets forth the reasons for the extension and the
date on which a determination is expected to be sent. That notice
shall not specify a date that would result in an extension of more
than 14 days. When the auxiliary organization sends the
determination, and if the auxiliary organization determines that the
request seeks disclosable public records, the auxiliary organization
shall state the estimated date and time when the records will be made
available.
(2) As used in this section, "unusual circumstances" means the
following, but only to the extent reasonably necessary to the proper
processing of the particular request:
(A) The need to search for and collect the requested records from
field facilities or other establishments that are separate from the
office processing the request.
(B) The need to search for, collect, and appropriately examine a
voluminous amount of separate and distinct records that are demanded
in a single request.
(C) The need for consultation, which shall be conducted with all
practicable speed, with another agency having a substantial interest
in the determination of the request or among two or more components
of the agency having a substantial subject matter interest therein.
(D) The need to compile data, to write programming language or a
computer program, or to construct a computer report to extract data.
(c) An auxiliary organization shall justify withholding a record
by demonstrating that the record is exempt from disclosure by law, or
that, on the facts of the particular request, the public interest
served by not disclosing the record clearly outweighs the public
interest served by disclosure of the record.
(d) A response to a written request for inspection or copies of
public records that includes a determination that the request is
denied, in whole or in part, shall be in writing and shall set forth
the names and titles or positions of each person responsible for the
denial.
(e) This article shall not limit access to a public record on the
basis of the purpose for which the record is being requested, if the
record is otherwise subject to disclosure.
89915. (a) Unless otherwise prohibited by law, an auxiliary
organization that has information that constitutes an identifiable
record not exempt from disclosure pursuant to this chapter that is in
an electronic format shall make that record available in an
electronic format when requested by any person and, when applicable,
shall comply with both of the following:
(1) An auxiliary organization shall make an electronic record
available in the electronic format in which it holds the information.

(2) An auxiliary organization shall provide a copy of an
electronic record in the format requested if the requested format is
one that has been used by the auxiliary organization to create copies
for its own use or for provision to other entities or persons. The
cost of duplication shall be limited to the direct cost of producing
a copy of a record in an electronic format.
(b) Notwithstanding paragraph (2) of subdivision (a), the
requester shall bear the cost of producing a copy of the record,
including the cost to construct a record, and the cost of programming
and computer services necessary to produce a copy of the record if
either of the following applies:
(1) In order to comply with the provisions of subdivision (a), an
auxiliary organization would be required to produce a copy of an
electronic record and the record is one that is produced only at
otherwise regularly scheduled intervals.
(2) The request would require data compilation, extraction, or
programming to produce the record.
(c) If a request is for a record in a nonelectronic format, and
the record is also available in an electronic format, an auxiliary
organization may inform the requester that the record is available in
an electronic format.
(d) Nothing in this section shall be construed to do any of the
following:
(1) Require an auxiliary organization to reconstruct a record in
an electronic format if the auxiliary organization no longer has the
record available in an electronic format.
(2) Permit an auxiliary organization to make a record available
only in an electronic format.
(3) Require an auxiliary organization to release an electronic
record in the electronic form in which it is held by the auxiliary
organization if its release would jeopardize or compromise the
security or integrity of the original record, or of any proprietary
software with which it is maintained.
(4) Permit public access to records held by an auxiliary
organization to which access is otherwise restricted by law.
89915.5. Nothing in this article shall require an auxiliary
organization to disclose information that is exempt from disclosure
pursuant to the exemptions set forth under Sections 6254 to 6255,
inclusive, of the Government Code.
89916. (a) Notwithstanding any other law, the following records
maintained by an auxiliary organization shall not be subject to
disclosure:
(1) Information that would disclose the identity of a donor,
prospective donor, or volunteer.
(2) Personal financial information, estate planning information,
and gift planning information of a donor, prospective donor, or
volunteer.
(3) Personal information related to a donor's private trusts or a
donor's private annuities administered by an auxiliary organization.
(4) Information related to fundraising plans, fundraising
research, and solicitation strategies to the extent that these
activities are not already protected under Section 99040, Title 5
(commencing with Section 3426) of Part 1 of Division 4 of the Civil
Code, Section 1060 of the Evidence Code, or subdivision (k) of
Section 6254 of the Government Code.
(5) The identity of students and alumni to the extent that this
information is already protected under state and federal statutes
applicable to the California State University. This paragraph shall
not apply to a part-time or full-time employee of the auxiliary
organization, or to a student who participates in a legislative body
of a student body organization as defined in Section 89305.1.
(b) Subdivision (a) shall not be construed to exempt from
disclosure records that contain information regarding any of the
following:
(1) The amount and date of a donation.
(2) Any donor-designated use or purpose of a donation.
(3) Any other donor-imposed restrictions on the use of a donation.

(4) (A) The identity of a donor who, in any fiscal year, makes a
gift or gifts, in a quid pro quo arrangement, where either the value
of the benefit received is in excess of two thousand five hundred
dollars ($2,500) or the benefit would be impermissible under state or
federal law. In these circumstances, records pertaining to the gift
or gifts maintained by an auxiliary organization that would otherwise
be exempt from disclosure under subdivision (a) shall be disclosed.
(B) Annually, on January 1, the monetary threshold set forth in
subparagraph (A) shall be adjusted upward or downward to reflect the
percentage change in the Consumer Price Index, as calculated by the
United States Bureau of Labor Statistics, rounded off to the nearest
one thousand dollars ($1,000).
(5) Self-dealing transactions, including, but not limited to,
loans of money or property, or material financial interests of or
between auxiliary officers or directors and an auxiliary
organization, as set forth in Sections 5233 and 5236 of the
Corporations Code. In these circumstances, records pertaining to the
self-dealing transactions maintained by an auxiliary organization
that would otherwise be exempt from disclosure under subdivision (a)
shall be disclosed.
(6) Any instance in which a volunteer or donor of a gift is
awarded, within five years of the date of the service or gift, a
contract from the university or auxiliary organization that was not
subject to competitive bidding. In these circumstances, records
pertaining to the service or gift maintained by an auxiliary
organization that would otherwise be exempt from disclosure under
paragraph (1) of subdivision (a) shall be disclosed.
89916.5. (a) Notwithstanding any provision of law, trade secrets,
as defined in Section 3426.1 of the Civil Code, shall not be subject
to disclosure. This information shall be redacted from auxiliary
organization records before disclosure.
(b) For purposes of this section, "trade secrets" means
information, including a formula, pattern, compilation, program,
device, method, technique, or process, that does both of the
following:
(1) Derives independent economic value, actual or potential, from
not being generally known to the public or to other persons who can
obtain economic value from its disclosure or use.
(2) Is the subject of efforts that are reasonable under the
circumstances to maintain its secrecy.
89917. Any person may institute proceedings for injunctive or
declarative relief or writ of mandate in any court of competent
jurisdiction to enforce his or her right to inspect or to receive a
copy of any record or class of records maintained by an auxiliary
organization under this article. The times for responsive pleadings
and for hearings in these proceedings shall be set by the judge of
the court with the object of securing a decision as to these matters
at the earliest possible time.
89917.5. (a) Whenever it is made to appear by verified petition
to the superior court of the county where the records or some part
thereof are situated that certain records maintained by an auxiliary
organization are being improperly withheld from a member of the
public, the court shall order the officer or person charged with
withholding the records to disclose the record or show cause why he
or she should not do so. The court shall decide the case after
examining the record in camera, if permitted by subdivision (b) of
Section 915 of the Evidence Code, papers filed by the parties, and
any oral argument and additional evidence as the court may allow.
(b) If the court finds that an auxiliary organization official's
decision to refuse disclosure is not justified under this article, he
or she shall order the official to make the record public. If the
judge determines that the official was justified in refusing to make
the record public, he or she shall return the item to the official
without disclosing its content with an order supporting the decision
refusing disclosure.
(c) An order of the court, either directing disclosure by an
auxiliary organization or supporting the decision of the auxiliary
organization official refusing disclosure, is not a final judgment or
order within the meaning of Section 904.1 of the Code of Civil
Procedure from which an appeal may be taken, but shall be immediately
reviewable by petition to the appellate court for the issuance of an
extraordinary writ. Upon entry of any order pursuant to this
section, a party shall, in order to obtain review of the order, file
a petition within 20 days after service upon him or her of a written
notice of entry of the order, or within such further time not
exceeding an additional 20 days as the trial court may for good cause
allow. If the notice is served by mail, the period within which to
file the petition shall be increased by five days. A stay of an order
or judgment shall not be granted unless the petitioning party
demonstrates it will otherwise sustain irreparable damage and
probable success on the merits. Any person who fails to obey the
order of the court shall be cited to show cause why he or she is not
in contempt of court.
(d) The court shall award court costs and reasonable attorney's
fees to the plaintiff should the plaintiff prevail in litigation
filed pursuant to this section. The costs and reasonable attorney's
fees shall be paid by the auxiliary organization of which the
official is a member or employee and shall not become a personal
liability of the auxiliary organization official. If the court finds
that the plaintiff's case is clearly frivolous, the court shall award
court costs and reasonable attorney's fees to the auxiliary
organization.
89918. (a) Notwithstanding any other provision of law, and except
as provided for in subdivision (c), whenever an auxiliary
organization discloses a record it maintains that is otherwise exempt
from this article, this disclosure shall constitute a waiver of the
exemptions specified in this article.
(b) For purposes of this section, "auxiliary organization"
includes a member, agent, volunteer, or officer of the auxiliary
organization acting within the scope of his or her affiliation with
the auxiliary.
(c) Subdivision (a) shall not apply to the following disclosures:
(1) Disclosures made to a donor or prospective donor with regard
to that donor's donation or prospective donation to an auxiliary
organization.
(2) Disclosures made to a volunteer or prospective volunteer with
respect to that volunteer's services being provided to the auxiliary
organization.
(3) Disclosures made through other legal proceedings or as
otherwise required by law.
(4) Disclosures within the scope of a disclosure required by law
that limits disclosure of specified writings to certain purposes.
(5) Disclosures described in subdivision (a) of Section 89916 to
an auditor conducting an audit.
(6) Disclosures described in subdivision (a) of Section 89916 to a
bank or similar financial institution in the course of ordinary
financial transactions, or in response to a request from the bank or
other financial institution relating to the ordinary delivery of
financial services.
89918.5. Any provision in a contract entered into after the
effective date of this article between an auxiliary and another party
that would prevent the disclosure of information required to be
disclosed pursuant to this article is void and unenforceable, and
such a provision shall not justify a failure to comply with the
requirements of this article.
89919. This article shall not apply to any records subject to a
request made pursuant to the California Public Records Act, as set
forth in Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1 of the Government Code.
SEC. 3. Chapter 14 (commencing with Section 92950) is added to
Part 57 of Division 9 of Title 3 of the Education Code, to read:
CHAPTER 14. UNIVERSITY OF CALIFORNIA CAMPUS FOUNDATION
TRANSPARENCY AND ACCOUNTABILITY ACT OF 2011


92950. The Legislature finds and declares all of the following:
(a) Mindful of the right of individuals to privacy, access to
information concerning the conduct of the people's business is a
necessary and fundamental right of every person in this state.
(b) University of California campus foundations are independently
governed charitable nonprofit corporations that are legally separate
from the University of California (UC), but provide important support
to the individual campuses of the UC and the UC system as a whole.
(c) The release of information maintained by University of
California campus foundations to the public must be balanced by the
need to protect the individual privacy rights of donors and
volunteers and to protect the fiduciary interests of these
organizations.
92951. As used in this chapter, the following terms have the
following meanings:
(a) "UC campus foundation" means the following corporations
organized under the laws of the State of California: University of
California, Berkeley Foundation, UC Davis Foundation, the University
of California, Irvine Foundation, the UCLA Foundation, University of
California, Merced Foundation, UC Riverside Foundation, U.C. San
Diego Foundation, University of California, San Francisco Foundation,
UC Santa Barbara Foundation, U.C. Santa Cruz Foundation, and any
other foundation authorized by the Regents of the University of
California.
(b) "Identifiable writing" means any handwriting, typewriting,
printing, photostating, photographing, photocopying, transmitting by
electronic mail or facsimile, and every other means of recording upon
any tangible thing, any form of communication or representation,
including, but not limited to, letters, words, pictures, sounds, or
symbols, or combinations thereof, and any record thereby created,
regardless of the manner in which the record has been stored.
92952. (a) Records maintained by a UC campus foundation shall be
available to the public to inspect or copy at all times during the
office hours of the foundation, except as hereafter provided. The
records subject to inspection or copying by the public pursuant to
this section shall include any identifiable writing containing
information relating to the conduct of the UC campus foundation that
is prepared, owned, used, or retained by a UC campus foundation. Any
reasonably segregable portion of a record shall be promptly available
for inspection and copying after redacting those portions exempt
from disclosure by law.
(b) Upon a request for a copy of a record that reasonably
describes an identifiable record, a UC campus foundation shall make
the record available within a reasonable time to any person upon
payment of fees covering only the direct cost of duplication, except
with respect to records maintained by a UC campus foundation exempt
from disclosure by law. Nothing in this chapter shall be construed to
permit a UC campus foundation to delay or obstruct the inspection or
copying of public records.
(c) If a member of the public requests to inspect a public record
or obtain a copy of a record held by a UC campus foundation, the UC
campus foundation shall assist the person to make a focused and
effective request that reasonably describes an identifiable record or
records.
92953. (a) Upon a written request for a copy or inspection of
records, a UC campus foundation shall determine, within 10 calendar
days from the receipt of such request, whether the request, in whole
or in part, seeks copies of disclosable records maintained by the UC
campus foundation and shall notify the requester in writing without
undue delay of the determination and the reasons therefor.
(b) (1) In unusual circumstances, the time limit prescribed in
this section may be extended by a written notice by the head of the
UC campus foundation, or his or her designee, to the person making
the request that sets forth the reasons for the extension and the
date on which a determination is expected to be sent. That notice
shall not specify a date that would result in an extension of more
than 14 days. When the UC campus foundation sends the determination,
and if the UC campus foundation determines that the request seeks
disclosable public records, the UC campus foundation shall state the
estimated date and time when the records will be made available.
(2) As used in this section, "unusual circumstances" means the
following, but only to the extent reasonably necessary to the proper
processing of the particular request:
(A) The need to search for and collect the requested records from
field facilities or other establishments that are separate from the
office processing the request.
(B) The need to search for, collect, and appropriately examine a
voluminous amount of separate and distinct records that are demanded
in a single request.
(C) The need for consultation, which shall be conducted with all
practicable speed, with another agency having a substantial interest
in the determination of the request or among two or more components
of the agency having a substantial subject matter interest therein.
(D) The need to compile data, to write programming language or a
computer program, or to construct a computer report to extract data.
(c) A UC campus foundation shall justify withholding disclosure of
a record by demonstrating that the record is exempt from disclosure
by law, or that, on the facts of the particular request, the public
interest served by not disclosing the record clearly outweighs the
public interest served by disclosure of the record.
(d) A response to a written request for inspection or copies of
public records that includes a determination that the request is
denied, in whole or in part, shall be in writing and shall not set
forth the names and titles or positions of each person responsible
for the denial.
(e) This chapter shall not limit access to a public record on the
basis of the purpose for which the record is being requested, if the
record is otherwise subject to disclosure.
92954. (a) Unless otherwise prohibited by law, a UC campus
foundation that has information that constitutes an identifiable
record not exempt from disclosure pursuant to this chapter that is in
an electronic format shall make that record available in an
electronic format when requested by any person and, when applicable,
shall comply with both of the following:
(1) A UC campus foundation shall make the electronic record
available in the electronic format in which it holds the information.

(2) A UC campus foundation shall provide a copy of an electronic
record in the format requested if the requested format is one that
has been used by the UC campus foundation to create copies for its
own use or for provision to other entities or persons. The cost of
duplication shall be limited to the direct cost of producing a copy
of a record in an electronic format.
(b) Notwithstanding paragraph (2) of subdivision (a), the
requester shall bear the cost of producing a copy of the record,
including the cost to construct a record, and the cost of programming
and computer services necessary to produce a copy of the record if
either of the following applies:
(1) In order to comply with the provisions of subdivision (a), a
UC campus foundation would be required to produce a copy of an
electronic record and the record is one that is produced only at
otherwise regularly scheduled intervals.
(2) The request would require data compilation, extraction, or
programming to produce the record.
(c) If a request is for a record in a nonelectronic format, and
the record is also available in an electronic format, a UC campus
foundation may inform the requester that the record is available in
an electronic format.
(d) Nothing in this section shall be construed to do any of the
following:
(1) Require a UC campus foundation to reconstruct a record in an
electronic format if the UC campus foundation no longer has the
record available in an electronic format.
(2) Permit a UC campus foundation to make a record available only
in an electronic format.
(3) Require a UC campus foundation to release an electronic record
in the electronic form in which it is held by the UC campus
foundation if its release would jeopardize or compromise the security
or integrity of the original record or of any proprietary software
with which it is maintained.
(4) Permit public access to records held by any UC campus
foundation to which access is otherwise restricted by law.
92955. Nothing in this chapter shall require a UC campus
foundation to disclose information that is exempt from disclosure
pursuant to the specific exemptions set forth under Sections 6254 to
6255, inclusive, of the Government Code.
92956. (a) Notwithstanding any other law, the following records
maintained by a UC campus foundation shall not be subject to
disclosure:
(1) Information that would disclose the identity of a donor,
prospective donor, or volunteer.
(2) Personal financial information, estate planning information,
and gift planning information of a donor, prospective donor, or
volunteer.
(3) Personal information related to any of a donor's private
trusts or a donor's private annuities administered by a UC campus
foundation.
(4) Information related to fundraising plans, fundraising
research, and solicitation strategies to the extent that these
activities are not already protected under Section 99040, Title 5
(commencing with Section 3426) of Part 1 of Division 4 of the Civil
Code, Section 1060 of the Evidence Code, or subdivision (k) of
Section 6254 of the Government Code.
(5) The identity of students and alumni to the extent that this
information is already protected under state and federal statutes
applicable to the University of California. This paragraph shall not
apply to a part-time or full-time employee of the UC campus
foundation, or to a student who participates in a legislative body of
a student body organization on a University of California campus.
(b) Subdivision (a) shall not be construed to exempt from
disclosure records that contain information regarding any of the
following:
(1) The amount and date of a donation.
(2) Any donor-designated use or purpose of a donation.
(3) Any other donor-imposed restrictions on the use of a donation.

(4) (A) The identity of a donor who, in any fiscal year, makes a
gift or gifts, in a quid pro quo arrangement, where either the value
of the benefit received is in excess of two thousand five hundred
dollars ($2,500) or the benefit would be impermissible under state or
federal law. In these circumstances, records pertaining to the gift
or gifts maintained by a UC campus foundation that would otherwise be
exempt from disclosure under subdivision (a) shall be disclosed.
(B) Annually, on January 1, the monetary threshold set forth in
subparagraph (A) shall be adjusted upward or downward to reflect the
percentage change in the Consumer Price Index, as calculated by the
United States Bureau of Labor Statistics, rounded off to the nearest
one thousand dollars ($1,000).
(5) Self-dealing transactions, including, but not limited to,
loans of money or property, or material financial interests of or
between foundation officers or directors and a UC campus foundation,
as set forth in Sections 5233 and 5236 of the Corporations Code. In
these circumstances, records pertaining to the self-dealing
transactions maintained by a UC campus foundation that would
otherwise be exempt from disclosure under subdivision (a) shall be
disclosed.
(6) Any instance in which a volunteer or donor of a gift is
awarded, within five years of the date of the service or gift, a
contract from the university or UC campus foundation that was not
subject to competitive bidding. In these circumstances, records
pertaining to the service or gift maintained by the UC campus
foundation that would otherwise be exempt from disclosure under
paragraph (1) of subdivision (a) shall be disclosed.
92957. Any person may institute proceedings for injunctive or
declarative relief or writ of mandate in any court of competent
jurisdiction to enforce his or her right to inspect or to receive a
copy of any record or class of records maintained by a UC campus
foundation under this chapter. The times for responsive pleadings and
for hearings in these proceedings shall be set by the judge of the
court with the object of securing a decision as to these matters at
the earliest possible time.
92958. (a) Whenever it is made to appear by verified petition to
the superior court of the county where the records or some part
thereof are situated that certain records maintained by a UC campus
foundation are being improperly withheld from a member of the public,
the court shall order the officer or person charged with withholding
the records to disclose the record or show cause why he or she
should not do so. The court shall decide the case after examining the
record in camera, if permitted by subdivision (b) of Section 915 of
the Evidence Code, papers filed by the parties, and any oral argument
and additional evidence as the court may allow.
(b) If the court finds that a UC campus foundation official's
decision to refuse disclosure is not justified under this chapter, he
or she shall order the official to make the record public. If the
judge determines that the official was justified in refusing to make
the record public, he or she shall return the item to the official
without disclosing its content with an order supporting the decision
refusing disclosure.
(c) An order of the court, either directing disclosure by a UC
campus foundation official or supporting the decision of the UC
campus foundation official refusing disclosure, is not a final
judgment or order within the meaning of Section 904.1 of the Code of
Civil Procedure from which an appeal may be taken, but shall be
immediately reviewable by petition to the appellate court for the
issuance of an extraordinary writ. Upon entry of any order pursuant
to this section, a party shall, in order to obtain review of the
order, file a petition within 20 days after service upon him or her
of a written notice of entry of the order, or within such further
time not exceeding an additional 20 days as the trial court may for
good cause allow. If the notice is served by mail, the period within
which to file the petition shall be increased by five days. A stay of
an order or judgment shall not be granted unless the petitioning
party demonstrates it will otherwise sustain irreparable damage and
probable success on the merits. Any person who fails to obey the
order of the court shall be cited to show cause why he or she is not
in contempt of court.
(d) The court shall award court costs and reasonable attorney's
fees to the plaintiff should the plaintiff prevail in litigation
filed pursuant to this section. The costs and reasonable attorney's
fees shall be paid by the UC campus foundation of which the official
is a member or employee and shall not become a personal liability of
the UC campus foundation official. If the court finds that the
plaintiff's case is clearly frivolous, the court shall award court
costs and reasonable attorney's fees to the UC campus foundation.
92959. (a) Notwithstanding any other provisions of law, and
except as provided for in subdivision (c), whenever a UC campus
foundation discloses a record it maintains that is otherwise exempt
from this chapter, this disclosure shall constitute a waiver of the
exemptions specified in this chapter with regard to that record.
(b) For purposes of this section, "UC campus foundation" includes
a member, agent, volunteer, or officer of the UC campus foundation
acting within the scope of his or her affiliation with a UC campus
foundation.
(c) Subdivision (a) shall not apply to the following disclosures:
(1) Disclosures made to a donor or prospective donor with regard
to that donor's donation or prospective donation to a UC campus
foundation.
(2) Disclosures made to a volunteer or prospective volunteer with
respect to that volunteer's services being provided to a UC campus
foundation.
(3) Disclosures made through other legal proceedings or as
otherwise required by law.
(4) Disclosures within the scope of a disclosure required by law
that limits disclosure of specified writings to certain purposes.
(5) Disclosures described in subdivision (a) of Section 92956 to
an auditor conducting an audit.
(6) Disclosures described in subdivision (a) of Section 92956 to a
bank or similar financial institution in the course of ordinary
financial transactions, or in response to a request from the bank or
other financial institution relating to the ordinary delivery of
financial services.
92960. Any provision in a
contract entered into after the effective date of this chapter
between a UC campus foundation and another party that would prevent
the disclosure of information required to be disclosed pursuant to
this chapter is void and unenforceable, and such a provision shall
not justify a failure to comply with the requirements of this
chapter.
92961. This chapter shall not apply to records subject to any
request made pursuant to the California Public Records Act, as set
forth in Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1 of the Government Code.