GUIDELINES FOR ACCESS TO
STATE PERSONNEL BOARD PUBLIC RECORDS
October 2015
Public records maintained by the California State Personnel Board (“SPB”) will be
available for inspection by members of the public pursuant to the following procedures:
Direct Your Request to the Office of the Chief Counsel
Because many of the records maintained by the SPB contain confidential employee
information, most requests for inspection and copying of public records will require review
by the Office of the Chief Counsel before records may be released. Requests should be
directed to the Legal Office for docketing and referral to the office that created and has
ownership responsibility for the desired records. Requests for specific appeals files may
be directed to the SPB Appeals Division.
The Office of the Chief Counsel may be reached by telephone at (916) 653-1403, by the
Public Records Act portal (https://spbca.nextrequest.com) and by U.S. Mail at the
California State Personnel Board, Office of the Chief Counsel, 801 Capitol Mall,
Sacramento, CA 95814.
Written Requests Encouraged
SPB encourages, but does not require, that requests for inspection or copying of most
records be made in writing. Written requests help the SPB respond to the request and
correctly identify the records requested. Denials of written requests will be provided in
writing. When requests are made orally, SPB staff may confirm the request in writing to
ensure the request has been understood correctly.
Records Defined
“Records” include any writing owned, used or maintained by the SPB in the conduct of its
official business. Writings include information recorded or stored on paper, electronic
media, or audio or visual tapes.
Identifying Records
In order to enable the SPB to respond promptly to public records requests, requestors
should provide specific information about the records they seek. Requests for appeals
files in specific cases should include the name of the appellant or complainant and case
number, if known. When a record cannot be identified by name or case number, the
requestor should attempt to be as specific as possible in describing the record, based on
its content, and date or approximate date of creation if possible. If known, requestors
should indicate the division of the SPB that created and maintains the records. Where a
request is not sufficiently specific, Board staff will assist the requester to identify the
requested records, describe how the records are maintained or their physical location of
the record, and provide suggestions of how to overcome practical barriers to disclosure.
Inspection of Public Records
Public records maintained by the SPB shall be available for inspection during the Board’s
regular business hours. Members of the public are not required to give notice in order to
inspect public records at SPB offices during normal working hours. However, because
many of the SPB’s records, including all appeals files, require the retrieval, review and
redaction of exempt information before they can be disclosed to the public, a mutually
agreeable time should be established for inspection of records. Some records, such as
Statements of Economic Interests (Form 700), Public Records Guidelines, and SPB
publications usually can be provided without delay. Requests for other records may take
more time because the records must be located, reviewed for exempt information and
copied. The SPB makes numerous publications freely available on its web site:
www.spb.ca.gov.
Inspections of records must not interfere with the ordinary business operations of the
Board. The operational functions of the Board will not be suspended to permit inspection
of records during periods in which such records are reasonably required by Board
personnel in the performance of their duties.
In order to prevent records from being lost, damaged or destroyed during an inspection,
SPB employees may determine the location of, and may monitor, the inspection.
Process for Requesting Copies of Records
Record requests may be made by utilizing the Public Records Act portal on the State
Personnel website at: https://spbca.nextrequest.com
When a copy of a record is requested, and the record cannot be produced immediately,
the SPB will determine within 10 days after receipt of the request whether to comply with
the request, and shall promptly inform the requestor of its decision and the reasons for its
decision. The initial 10-day period may be extended for up to an additional 14 days if
SPB staff need to:
a. Communicate with field offices.
b. Inspect voluminous records.
c. Consult with other divisions or agencies.
d. Engage in computer programming, data compilation, or extraction to produce the
record.
Whenever possible, the SPB will provide records at the time the determination is made
to disclose them. If immediate disclosure is not possible, the SPB will provide an
estimated date when the records will be available, and will provide the records within a
reasonable period of time.
Copy Fees
The SPB may charge the direct cost of duplication when it provides copies of records to
the public as follows:
Paper copies:
$0.10 per page (for 8-1/2 x 11 pages; additional charges may
apply for oversized documents, including exhibits)
Audio compact disks:
$5.00
Computer disks:
$5.00
The direct cost of duplication includes the pro rata expense of the duplicating equipment
and the staff (salary and benefits) required to make a copy of the record. Direct cost of
duplication does not include the staff person’s time in researching, retrieving, redacting
and mailing the record. When the SPB must compile electronic data, extract information
from an electronic record, or undertake computer programming to satisfy a request, the
SPB may require the requestor to bear the full costs, not just the direct cost of duplication.
If a request requires the SPB to prepare a transcript of a hearing or other proceeding, the
cost of transcription will be charged.
Exemptions
The SPB will provide access to all public records upon request unless the law provides
an exemption from mandatory disclosure. Examples of records exempt from mandatory
disclosure under the California Public Records Act include: certain personnel records,
investigative records, drafts, confidential legal advice, records prepared in connection
with litigation, and information that may be kept confidential pursuant to other state or
federal statutes (such as employee home addresses, telephone numbers, and social
security numbers). The SPB may be able to remove or redact exempt information from
a record, and then may disclose the non-exempt remainder of the record.
Peace Officer Personnel Records
Pursuant to the decision of the California Supreme Court in The Copley Press, Inc. v. The
Superior Court of San Diego County (2006) 39 Cal.4th 1272, all records pertaining to the
employment of peace officers, including all records concerning disciplinary actions taken
against peace officers filed with the SPB, are exempt from public disclosure. Peace officer
records will only be provided to the employee to whom they pertain, that employee’s
designated representative, and to the employing department.
Identification of Requestors
SPB personnel shall not demand that persons requesting to inspect records provide
identification or their reasons for wanting to inspect records, except where peace officer
personnel records are requested. Obviously, if the requestor chooses to have the records
mailed or otherwise transmitted to him or her, the requestor will have to provide
information necessary to transmit the records. Persons wishing to enter secured parts of
SPB offices must comply with the SPB’s security protocol, including providing
identification.
Relevant Statutes
California Constitution, Article I, Section 3, subdivision (b) and the California Public
Records Act (Government Code sections 6250-6276.48) govern access to public records
of California state and local government agencies. Access to public records pertaining to
peace officers is also subject to Penal Code sections 832.7 and 832.8.
Additional Information
A copy of these guidelines shall be posted in a conspicuous public place at the offices of
the SPB. A copy shall be made available free of charge upon request by any member of
the public.
An informational sheet briefly outlining the Record Request Process for records
maintained by the Appeals Division can be found on the State Personnel Board website
at: http://www.spb.ca.gov/content/appeals/SPB_Records_Request_Info_Sheet.pdf
[PRA Policy-10-15]
