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Struck text includes proposed deletions to law or the previous version of the bill.

(pdf version)
AMENDED IN SENATE MAY 26, 2011

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

DECEMBER 6, 2010

An act to amend Sections 72670, 72670.5, and 89901 of,
and to add Section 92034 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.
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.
This bill would require specified entities to comply with the act,
but would not require these entities to disclose information
obtained in the process of soliciting potential donors that has
actual or potential independent economic value because it is not
generally known to the public or because the individuals can obtain
economic value from its disclosure or use. The bill would exempt from
disclosure the names, addresses, and telephone numbers of persons
who volunteer services or donate to specified entities if those
persons request anonymity. However, the bill would provide that this
exemption does not apply if a volunteer or donor meets specified
conditions.

Existing law establishes the segments of public postsecondary
education in the state, including, but not limited to, the University
of California administered by the Regents of the University of
California and the California State University administered by the
Trustees of the California State University.

This bill would require records maintained by an auxiliary
organization of the 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 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
prohibit an auxiliary organization and a UC campus foundation from
allowing another party to control the disclosure of a disclosable
record. 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 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. 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 written 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 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) 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.
(c) 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.
(d) 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 6254.29,
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 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 calendar or 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.
89918.5. An auxiliary organization shall not allow another party
to control the disclosure of a record that is otherwise subject to
disclosure pursuant to 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. 2. 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. 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 written 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 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) 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.
(c) 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.
(d) 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 6254.29, 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 calendar or 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.
92960. A UC campus foundation shall not allow another party to
control the disclosure of a record that is otherwise subject to
disclosure pursuant to 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.
All matter omitted in this
version of the bill appears in the bill as introduced in the Senate,
December 6, 2010. (JR11)