S-19-10


            WHEREAS California Government Code section 6268 provides that public records “in the custody or control of the Governor when he or she leaves office” be transferred to the State Archives as soon as practical; and
 
            WHEREAS the confidentiality of legally privileged documents should not be breached after they are submitted to the State Archives since a guarantee of confidentiality is necessary to encourage the uninhibited and candid communication of options, advice, and information to future Governors, which is so vital to a Governor’s ability to make effective decisions; and
 
            WHEREAS Government Code section 6268 authorizes a Governor to restrict public access to records not previously made accessible to the public.
 
            NOW THEREFORE, I, ARNOLD SCHWARZENEGGER, Governor of the State of California, by virtue of the power and authority vested in me by the Constitution and the statutes of the State of California, do hereby issue this order to become effective immediately:
 
1.    The Governor’s Office shall transfer to the State Archives as soon as practical all public records in my custody or control when I leave office in accordance with Government Code section 6268 and the Records Retention Schedule approved by the Secretary of State.
 
2.    Except as set forth in paragraphs 3, 4 and 5, after their transfer to the State Archives, the public records, including, but not limited to, all enrolled bill files, all press releases, and all speech files, shall be made accessible to the public pursuant to the provisions of Government Code section 6268.
 
3.    All writings relating to applications for clemency or extradition shall not be made accessible to the public until 25 years after the case has been closed, as provided by law, except that any subsequent Governor may have access to such files as is necessary to carry out his or her official duties.
 
4.    All other records which have not been made accessible to the public during the administration of Governor Arnold Schwarzenegger, including, but not limited to, attorney-client privileged records, shall remain confidential for the maximum period permitted by law.
 
5.    As Government Code section 6268 does not appear to abrogate, or restrict the duration of, the attorney-client privilege – a privilege which is afforded to every other state agency – the State Archives is directed not to disclose any attorney-client privileged records at any time, unless compelled to do so pursuant to a final order of a court.
 
6.    Notwithstanding the foregoing, I, or my duly authorized agents, may have access to the public records transferred to the State Archives.
 
            I FURTHER DIRECT that as soon as hereafter possible, this order shall be filed with the Office of the Secretary of State and that widespread publicity and notice be given to this order.