EXECUTIVE ORDER S-03-06


WHEREAS, the access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state; and

WHEREAS, the California Public Records Act (Gov. Code sec. 6250 et seq.) provides that public records are open to inspection at all times during the office hours of the state or local agency; and

WHEREAS, the California Public Records Act requires that most state and local agencies shall establish written guidelines for accessibility of records which shall be posted in a conspicuous public place at the offices of these agencies and a copy of the guidelines shall be available upon request free of charge (Gov. Code sec. 6253.4); and

WHEREAS, at the November 2, 2004 General Election, the people of the State of California approved Proposition 59 to amend the Constitution to provide that statutes and rules furthering public access shall be broadly construed to further the people’s right to access government information (Art. I, sec. 3 of the Constitution); and

WHEREAS, I, as Governor, have made a commitment that public information concerning the conduct of the state’s business shall be disclosed to the people; and

WHEREAS, state agencies and departments under my authority shall take steps to ensure that they are complying with the language and intent of the California Public Records Act and Article I, Section 3 of the Constitution.

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 statutes of the State of California, do hereby issue this order to become effective immediately:

Within 30 days of the date of this Executive Order, each agency, department, board, commission and office of the executive branch under my supervisory authority shall:

(1) Establish and/or review its written guidelines for accessibility of records; revise, as appropriate, its written guidelines for accessibility of records; and post the guidelines in a conspicuous public place at all office locations; and

(2) Identify and designate the members of its staff who shall be primarily responsible for receiving and responding to California Public Records Act requests and train those persons on the requirements of the Act; and

(3) Submit a written certification to the Legal Affairs Secretary that the designated staff members have been trained on the requirements and responsibilities of the California Public Records Act.

Agency secretaries and heads of independent departments and boards will be responsible for ensuring compliance with the provisions of this Order.

The Legal Affairs Secretary shall provide detailed instructions on the methods of timely compliance with this Order.

This Order is not intended to, and does not create any right or benefit, substantive or procedural, enforceable in law or equity, against the State of California, its departments, agencies or other entities, its officers or employees, or any other person.

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.