Sonoma County Employees' Retirement Ass'n v. Superior Court

198 Cal. App. 4th 986, 130 Cal. Rptr. 3d 540, 39 Media L. Rep. (BNA) 2401, 2011 Cal. App. LEXIS 1124
CourtCalifornia Court of Appeal
DecidedAugust 26, 2011
DocketNo. A130659
StatusPublished
Cited by4 cases

This text of 198 Cal. App. 4th 986 (Sonoma County Employees' Retirement Ass'n v. Superior Court) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sonoma County Employees' Retirement Ass'n v. Superior Court, 198 Cal. App. 4th 986, 130 Cal. Rptr. 3d 540, 39 Media L. Rep. (BNA) 2401, 2011 Cal. App. LEXIS 1124 (Cal. Ct. App. 2011).

Opinion

Opinion

MARGULIES, J.

The trial court ordered the Sonoma County Employees’ Retirement Association (SCERA) to disclose to real party in interest, The [990]*990Press Democrat, the names of all persons receiving SCERA pension benefits, the gross amount of each recipient’s benefit, and the recipient’s age at retirement. SCERA petitions for a writ of mandate to overturn the trial court’s order, contending the information sought is exempt from disclosure under the County Employees Retirement Law of 1937, Government Code section 31450 et seq. (CERL).1 We hold SCERA need not disclose the ages of its benefit recipients at retirement, but it must disclose the names of recipients and the gross amount of each recipient’s pension benefits.

I. BACKGROUND

SCERA administers one of 20 defined-benefit county employee retirement plans governed by CERL. Active employees and their employer make contributions that SCERA holds in trust, invests, and uses to pay benefits to retirees and beneficiaries pursuant to formulae established by the Legislature for safety and nonsafety county employees. The amount of a retired member’s retirement benefit is calculated using a multifactor formula based upon the individual’s status as a public safety officer or general member, age at retirement to the nearest quarter of a year, highest one-year average salary per month, years of county service calculated to two decimal places, purchases of other qualifying service credit, benefit payment option elected, and past postretirement cost of living increases granted.

As required to administer the retirement system, SCERA maintains records for each member, including such information as compensation, years of service, age, addresses, telephone numbers, Social Security numbers, marital status, and information pertaining to the member’s beneficiaries. SCERA treats these records as confidential based on its interpretation of section 31532. Section 31532 provides as follows: “Sworn statements and individual records of members shall be confidential and shall not be disclosed to anyone except insofar as may be necessary for the administration of this chapter or upon order of a court of competent jurisdiction, or upon written authorization by the member.” SCERA does not disclose information pertaining to individual members except as it believes it is authorized by one of the exceptions stated in section 31532.

On August 3, 2010, The Press Democrat sent a request to Gary Bei, administrator of SCERA, pursuant to the California Public Records Act (CPRA), section 6250 et seq. The request asked for “[a] list of all individuals receiving SCERA retirement benefits of at least $100,000 annually, including the names of such individuals, the dates of their retirements and their age at the time of retirement.” (Italics omitted.) On September 30, 2010, The Press [991]*991Democrat requested “[a] list of all individuals receiving SCERA retirement benefits!, regardless of amounts], including the names of such individuals, the dates of their retirements and their age at the time of retirement.” (Italics omitted.) SCERA declined to produce information disclosing retirement allowances linked to individual names and ages at retirement.2

On October 8, 2010, The Press Democrat filed a petition for writ of mandate in the superior court seeking production of the requested records. The trial court ordered the records be produced. SCERA filed this petition for writ of mandate to overturn the trial court’s order. (§ 6259, subd. (c).) Pursuant to our requests, The Press Democrat filed opposition to the petition and SCERA filed a reply thereto. We issued an order to show cause and, at the parties’ joint request, deemed the previously filed opposition and reply to be the return to the order to show cause and the reply thereto.

n. DISCUSSION

Section 6253 of the CPRA requires public records be produced upon request unless the records sought are made “exempt from disclosure by express provisions of law.” (§ 6253, subd. (b).) Section 6254, subdivision (k) exempts from disclosure “[rjecords, the disclosure of which is exempted or prohibited pursuant to federal or state law.” Section 6255, subdivision (a), often referred to as the “catchall exemption,” provides that an otherwise nonexempt record may be withheld if “on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.” SCERA contends in this case the records sought by The Press Democrat are exempt from disclosure as “individual records of members” under section 31532 or, in the alternative, the public interest in protecting the privacy rights of retirees and beneficiaries in their financial information outweighs the public’s right to know about its government’s activities for purposes of section 6255, subdivision (a).

The California Supreme Court has explained the context and purpose of the CPRA as follows: “Openness in government is essential to the functioning of a democracy. ‘Implicit in the democratic process is the notion that government should be accountable for its actions. In order to verify accountability, individuals must have access to government files. Such access permits checks against the arbitrary exercise of official power and secrecy in the political process.’ [Citation.] In adopting the Act, the Legislature declared that [992]*992‘access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state.’ ” (International Federation of Professional & Technical Engineers, Local 21, AFL-CIO v. Superior Court (2007) 42 Cal.4th 319, 328-329 [64 Cal.Rptr.3d 693, 165 P.3d 488] (International Federation).) By voter initiative passed in 2004, the linkage between openness and accountability in government is now explicitly recognized in our state Constitution: “The people have the right of access to information concerning the conduct of the people’s business, and therefore, ... the writings of public officials and agencies shall be open to public scrutiny.” (Cal. Const., art. I, § 3, subd. (b)(1).)

Statutory exemptions from compelled disclosure under the CPRA are narrowly construed. (Cal. Const., art. I, § 3, subd. (b)(2); City of Hemet v. Superior Court (1995) 37 Cal.App.4th 1411, 1425 [44 Cal.Rptr.2d 532].) The burden of proving a specific statutory exemption applies (or that the public interest in nondisclosure clearly outweighs the interest in disclosure) is on the proponent of nondisclosure. (§ 6255, subd. (a); International Federation, supra, 42 Cal.4th at p. 337.) Trial court rulings on CPRA requests are reviewable by petition for writ of mandate. (California State University, Fresno Assn., Inc. v. Superior Court (2001) 90 Cal.App.4th 810, 824 [108 Cal.Rptr.2d 870].) We independently review the application of the statute to undisputed facts. (Ibid.) Where material facts are disputed, we will uphold the trial court’s factual findings if they are supported by substantial evidence. (Ibid)

A. Exemption for “Individual Records of Members”

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Regents v. Superior Court
California Court of Appeal, 2014
Regents of the University of California v. Superior Court
222 Cal. App. 4th 383 (California Court of Appeal, 2013)
Marken v. Santa Monica-Malibu Unified School District
202 Cal. App. 4th 1250 (California Court of Appeal, 2012)
Union Leader Corp. v. New Hampshire Retirement System
34 A.3d 725 (Supreme Court of New Hampshire, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
198 Cal. App. 4th 986, 130 Cal. Rptr. 3d 540, 39 Media L. Rep. (BNA) 2401, 2011 Cal. App. LEXIS 1124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sonoma-county-employees-retirement-assn-v-superior-court-calctapp-2011.