Q: I filed a complaint alleging the violation of the corporate practice of medicine by a large California Corporation. The complaint was filed with the Medical Board of California.
After many months I was informed the case was closed. I asked for access to their files of the investigation and was informed that it was exempt from disclosure California Government Code § 6254 (f).
My interpretation of the statute is that it refers to law enforcement alone and not every public agency.
I have argued that other provisions of the CPRA § 6250-6275 and the provisions in the Constitution and Proposition 59 far outweigh the provisions of § 6254 (f ).
Please advise me this is a genuine request.
A: Unfortunately, it may be that the records you seek do fall into the investigatory exemption found in the Public Records Act under Government Code § 6254(f).
In addition to investigatory files of police departments, the exemption also encompasses other types of investigatory records, including those “compiled by any other state or local agency for correctional, law enforcement, or licensing purposes.” Id.
If the Medical Board’s inquiry involved the licensing of the corporation that you brought to its attention, it very well may be that those records are exempt from disclosure.
Of course, the Medical Board should be specific as to its reasons for denying your request. To the extent that it did not specify how subdivision (f) applies to the records sought, you might want to follow up and request some clarification on this point. See Gov’t Code 6253(c).
Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.