§ 53760.9. — 53760.9. (Amended by Stats. 2021, Ch. 615, Sec. 202.)

California § 53760.9.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 2.
• Title 5.: DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES
• Part 1.: PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES
• Ch. 4.: CHAPTER 4. Financial Affairs
• Art. 5.: ARTICLE 5. Bankruptcy

Text

(a)
Notwithstanding any other law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), except as provided in subdivision (c), a local public entity shall provide the name and mailing address of each retired employee, or the beneficiary receiving the retired employee’s retirement benefit, in list form, to any organization that is incorporated as a California nonprofit mutual benefit corporation pursuant to Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code and qualified pursuant to Section 501(c)(3), 501(c)(4), or 501(c)(5) of Title 26 of the Internal Revenue Code for the purpose of representing retired employees of the local public entity,
upon that organization’s request, if any of the following occur:
(1)
The local public entity began the process of participating in a neutral evaluation process pursuant to Section 53760.3.
(2)
The local public entity declared a fiscal emergency and adopted a resolution by a majority vote of the governing board pursuant to Section 53760.5.
(3)
The local public entity filed a petition pursuant to applicable federal bankruptcy law on or before December 31, 2011.
(b)
(1)
An organization receiving a list with the name and mailing address of a retired employee or the beneficiary receiving the retired employee’s retirement benefit pursuant to
subdivision (a) shall use that information only for the purpose of representing the retired employee or the retired employee’s beneficiary as a member of the organization as an interested party in a neutral evaluation process pursuant to Section 53760.3, the declaration of a fiscal emergency and adoption of a resolution pursuant to Section 53760.5, or a bankruptcy proceeding.
(2)
An organization that violates paragraph (1) by misusing the information in the list provided shall be subject to a civil penalty in the amount of twenty-five thousand dollars ($25,000).
(c)
Upon written request of any retired employee, or the beneficiary receiving the retired employee’s retirement benefit, a local public entity shall not disclose the name and home address of the retired employee, or the
beneficiary receiving the retired employee’s retirement benefit, and shall remove the retired employee, or the beneficiary receiving the retired employee’s retirement benefit, from any mailing list created by that local public entity for compliance with subdivision (a).
(d)
This section shall not affect or limit the disclosure or nondisclosure of public records pursuant to any other statute or decisional law.

Legislative History

Amended by Stats. 2021, Ch. 615, Sec. 202. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.