Question
My city is claiming “deliberative process privilege” in redacting the planning director appointment calendar. I’m wondering if there have been any successful challenges to the deliberative process privilege since Schwarzenegger’s refusal to turn over appt calendars for two aides citing this privilege?
Answer
It has been argued, and a state appellate court has rejected, that Prop. 59 was intended to eliminate the deliberative process privilege. See Sutter’s Place Inc. v. Superior Court, 161 Cal. App. 4th 1370, 1382-83 (2008) (no evidence of intent on the part of voters to supersede, override or alter the operation of the deliberative process privilege).
As far as I am aware, there has been no additional courts to have ruled on the issue.
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.
Asked & Answered posts should not be relied on as legal advice, and FAC makes no guarantees about their completeness or accuracy. All posts carry a date of publication that readers should take note of in assessing their usefulness, given that laws and interpretations of them may change over time. Posts predating Jan. 1, 2023, that discuss the California Public Records Act may contain statute numbers no longer in use. Please see this page for a table showing how the California Public Records Act has been renumbered.