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SB 272 - NEW REQUIREMENT UNDER THE PUBLIC RECORDS ACT -- CREATE A CATALOG OF ENTERPRISE SYSTEMS
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SB 272 - NEW REQUIREMENT UNDER THE PUBLIC RECORDS ACT -- CREATE A CATALOG OF ENTERPRISE SYSTEMS
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7/19/2019 1:40:20 PM
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City Clerk
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1/18/2016
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119 <br />BEST BEST & KRIEGER <br />ATTORNEYS AT. LAW <br />SB 272 also states that the definition of "enterprise system" does not include any actual <br />records or documents that are collected or stored by a system/application. <br />In addition to naming the enterprise systems your agency uses, the catalog must <br />provide the following information for each system: (1) current system vendor; (2) <br />current system product; (3) a brief statement of the system's purpose; (4) a general <br />description of categories or types of data; (5) the department that serves as the primary <br />custodian of the system; (6) how frequently the system data is collected; and (7) how <br />frequently the system data is updated. <br />However, SB 272 also allows for less information to be provided for a <br />system/application in certain circumstances. If the agency determines that the public <br />interest served by not disclosing all of the required information on a particular <br />system/application clearly outweighs the public interest served by disclosure; the <br />agency can instead provide the system name, brief title, or other identifier of the system. <br />Unfortunately, SB 272 does not provide specific instruction on how the agency must <br />document its determination to provide less information on a system/application. In order <br />to avoid any controversy, we suggest that an explanation should be included in the <br />catalog; if your agency determines that less information on particular system/application <br />best serves the public interest. <br />CONCLUSION <br />SB 272 does not change the process for requesting public records. The new <br />statute also does not change or remove any existing exemptions under the`PRA. <br />However, SB 272 creates a significant change by requiring public agencies, for the first <br />time since the enactment of the PRA, to create a new public record. As currently <br />written, new Section 6270.5 does not include penalties for not complying with the <br />requirement to create, provide and post a catalog of enterprise systems. However, we <br />caution all public agencies to make every effort to meet the deadline of July 1, 2016 for <br />providing the catalog as required. Please contact us if you have concerns over <br />disclosing information about a particular system/application used by your agency. <br />Should you have any questions regarding the information contained in this memo <br />or need guidance in applying the laws involving the new requirements imposed by SB <br />272, please do not hesitate to contact one of the attorneys in our Public Policy & Ethics <br />Groups or your Best Best & Krieger attorney. <br />GARY W. SCHONS <br />MARC TRAN <br />NANCY STUBBS, PARALEGAL <br />-2- <br />93939.00000\24396573.1 <br />
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