Q: I would like to gain access to Contractor State License Board documents relating to a recently concluded investigation against me. I have read up on my access rights, but am hoping to be as fully informed as possible before pursuing that route.
I am a builder in San Francisco, and the Contractors State License Board closed an almost year long investigation against me finding they “do not have the evidence necessary to proceed with an investigation.”
The entire process was odd and shrouded in secrecy, and I am confident I was asked for a bribe. I don’t say this lightly – I have worked in San Francisco for over 15 years and have experienced first hand the notorious corruption within the Building Dept. here. I don’t pay bribes.
I am a very small, struggling business. I want to fight for myself and for greater transparency in the CSLB but need some guidance and hiring a lawyer is not financially possible.
Do you have any experience with the CSLB, and is this kind of access something you could possibly advise me on?
A: As you may know, the California Public Records Act applies to “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency.” Govt. Code § 6252(e). Public records are presumed open unless they fall into a statutory exemption under Government Code section 6254.
Unfortunately, state or local investigatory files for licensing purposes are generally exempt from disclosure under California’s Public Records Act, and remain exempt even after the investigation is over. Gov’t Code 6254(f).
The First Amendment Coalition has a primer on Accessing Public Records: The California Public Records Act, which may be helpful to you: .
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.