SB 272 - NEW REQUIREMENT UNDER THE PUBLIC RECORDS ACT -- CREATE A CATALOG OF ENTERPRISE SYSTEMS

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