EXECUTIVE ORDER B-62-18
WHEREAS Government Code section 6268 provides that public records “in the custody or control of the Governor when he or she leaves office” be transferred to the State Archives as soon as practical; and
WHEREAS the public has a significant interest in accessing the records of my Administration; and
WHEREAS the confidentiality of legally privileged documents should not be breached after they are submitted to the State Archives since a guarantee of confidentiality is necessary to encourage the uninhibited and candid communication of options, advise, and information to future Governors, which the California Supreme Court has recognized is essential to effective governance; and
WHEREAS Government Code section 6268 authorizes a Governor to restrict access to most records not previously made accessible to the public for up to fifty years; and;
WHEREAS I have determined that my records should be made publicly available earlier than allowed for by law.
NOW, THEREFORE, I, EDMUND G. BROWN JR., Governor of the State of California, in accordance with the authority vested in me by the Constitution and statutes of the State of California, do hereby issue the following order to become effective immediately:
1. The Governor’s Office shall transfer to the State Archives as soon as practical all public records in my custody or control when I leave office in accordance with Government Code section 6268 and the Records Retention Schedule on file with the State Archives.
2. Except as set forth in paragraphs 3, 4, and 5, after their transfer to the State Achieves, the public records, including, but not limited to, all enrolled bill files, all press releases, and all speech files, shall be made accessible to the public pursuant to the provisions of Government Code section 6268.
3. Subsequent Governors shall have access to all writings relating to applications for clemency or extradition as is necessary to carry out his or her official duties.
4. All other records which have not been made accessible to the public during the Administration shall remain confidential for 25 years.
5. In no circumstances shall information protected by the attorney-client privilege be made publicly available. Government Code section 6268 does not appear to abrogate, or restrict the duration of, the attorney-client privilege, a privilege that is afforded to every other state agency. Any records that are subject to the attorney-client privilege shall remain confidential for the maximum period permitted by section 6268, and the State Archives is directed not to disclose any attorney-client or otherwise privileged records at any time unless compelled to do so pursuant to a final court order.
6. Notwithstanding the foregoing, I, or my duly authorized agents, or individuals they authorize in writing, may have access to the public records transferred to the State Archives.
I FURTHER DIRECT that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.
IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 4th day of January, 2019.
EDMUND G. BROWN JR.
Governor of California
Secretary of State