SECTIONS 6204-6204.4 - California Statutes

GOVERNMENT CODE

SECTION 6204-6204.4

6204. (a) For purposes of this chapter, the following definitions
shall apply:
(1) "Archivist" means the Keeper of the Archives, as specified in
Section 12227.
(2) "Record" has the same meaning as "public records" is defined
in subdivision (e) of Section 6252, and includes, but is not limited
to, any writing containing information relating to the conduct of the
public's business prepared, owned, used, or retained by a state or
local agency regardless of physical form or characteristics.
(3) "Secretary" means the Secretary of State.
(b) Whenever the secretary, in consultation with the archivist,
has reasonable grounds to believe that a record belonging to the
state or a local agency is in the possession of a person,
organization, or institution not authorized by law to possess those
records, the secretary may issue a written notice demanding that
person, organization, or institution to do either of the following
within 20 calendar days of receiving the notice:
(1) Return the record to the appropriate state or local agency.
(2) Respond in writing and declare why the record does not belong
to the state or a local agency.
(c) The notice and demand issued pursuant to subdivision (b) shall
identify the record claimed to belong to the state or local agency
with reasonable specificity, and shall state that the secretary is
authorized to take legal action to recover the record if the person,
organization, or institution fails to respond in writing within the
required time or does not adequately demonstrate that the record does
not belong to the state or a local agency.
(d) The secretary shall send the notice and demand specified in
subdivision (b) by certified or registered mail, return receipt
requested.
(e) When a record is returned pursuant to paragraph (1) of
subdivision (b), upon the request of the person, organization, or
institution that returned the record, the secretary or a local agency
that receives the record shall issue to that person, organization,
or institution a copy or digital image of the record, which shall be
certified as a true copy of the record that was returned to the state
or local agency, and dated on the same day the record was returned.

6204.1. (a) If a person, organization, or institution that receives
a written notice and demand from the secretary pursuant to Section
6204 does not deliver the described record, does not respond to the
notice and demand within the required time, or does not adequately
demonstrate that the record does not belong to the state or a local
agency, the secretary may ask the Attorney General to petition the
superior court in the county in which the records are located for an
order requiring the return of the record.
(b) After a hearing, and upon a finding that the specified record
is in the possession of a person, organization, or institution not
authorized by law to possess the record, the court shall order the
record to be delivered to the archivist or other government official
designated by the court.
(c) The court may issue any order necessary to protect the record
from destruction, alteration, transfer, conveyance, or alienation by
the person, organization, or institution in possession of the record,
and may order the record to be surrendered into the custody of the
archivist pending the court's decision on the petition.The court may
order the record to be available for public access under a request
made pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250)).

6204.2. (a) If a local agency has reasonable grounds to believe
that a record belonging to that local agency is in the possession of
a person, organization, or institution not authorized by law to
possess the record, it may request the secretary to act on its behalf
pursuant to the procedures specified in Sections 6204 and 6204.1, or
undertake on its own behalf the same procedure available to the
secretary under those sections, subject to subdivisions (b), (c), and
(d).
(b) If a person, organization, or institution that receives a
written notice and demand from a local agency issued pursuant to this
section does not deliver the described record, does not respond to
the notice and demand within the required time, or does not
adequately demonstrate that the record does not belong to the local
agency, the local agency may request the county district attorney or,
where applicable, the city attorney, to petition the superior court
in the county in which the record is located for an order requiring
the return of the record.
(c) After a hearing, and upon a finding that a specified record is
in the possession of a person, organization, or institution not
authorized by law to possess the record, the court shall order the
record to be delivered to the local agency or a government official
designated by the court.
(d) The court may issue any order necessary to protect the record
from destruction, alteration, transfer, conveyance, or alienation by
the person, organization, or institution in possession of the record,
and may order the record to be surrendered into the custody of the
local agency pending the court's decision on the petition. The court
may order the record to be available for public access under a
request made pursuant to the California Public Records Act (Chapter
3.5 (commencing with Section 6250)).

6204.3. (a) Notwithstanding any other provision of this chapter, an
organization or institution having physical custody of a record
shall be exempt from Sections 6204 to 6204.2, inclusive, if the
organization or institution meets both of the following requirements:
(1) It follows professional practices recommended by the Society
of American Archivists, as used by the archivist, for the management,
care, and preservation of historical records.
(2) It requires that all records it receives or maintains are
subject to inspection to the same extent that the records would be
subject to inspection and not exempt from disclosure pursuant to
Chapter 3.5 (commencing with Section 6250) if received or maintained
by a public agency.
(b) If an organization or institution refuses public inspection of
a record in its custody in violation of the requirements described
in paragraph (2) of subdivision (a), the archivist or local agency,
or a designated representative, shall contact the organization or
institution to inform it of those requirements and, if appropriate,
facilitate inspection of the record. If an organization or
institution continues to deny public inspection consistent with
paragraph (2) of subdivision (a), the secretary, on behalf of the
archivist or the local agency may pursue recovery of the records
under this chapter.

6204.4. In an action brought pursuant to this chapter, the court
may award reasonable attorney's fees and costs to the prevailing
party.