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HomeMy WebLinkAboutPRR21216 Velie RESPONSE Christian, Kevin From:Goren, Rebecca Sent:Tuesday, September 21, 2021 4:36 PM To:velieslo@gmail.com Cc:CityClerk; City_Attorney Subject:Records Request Response: PRR21216_Velie_Media Question Ms. Velie, Generally speaking, records of the kind requested fall within several exemptions to disclosure under the California Public Records Act (CPRA). Pursuant to California Government Code §6254 (c), records pertaining to workers’ compensation benefits for an individually identified employee are exempt from disclosure under the CPRA as “personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of privacy.” The CPRA further prohibits the disclosure of records otherwise prohibited from public release pursuant to federal and state law, as outlined in Government Code §6254 (k). Indeed, state law prohibits a person or public or private entity who is not a party to a claim for workers’ compensation benefits from obtaining identifiable information on that claim. State Labor Code §138.7 (a) defines “individually identifiable information” to mean “any data concerning an injury or claim that is linked to a uniquely identifiable person.” Additionally, Government Code §6254 (k) protects privileged records acquired in confidence by a public employee from disclosure as “official information,” defined by Government Code §1040 (b). As such, public interest in disclosure of records and information pertaining to any workers’ compensation claims and leave is outweighed by the necessity for preserving the confidentiality of such information. Regarding your specific request, the City is not in possession of any otherwise non-exempt records responsive to your request dated September 15, 2021. This request was reviewed by City Attorney Christine Dietrick and myself. Best, Rebecca Goren pronouns she/her/hers Legal Assistant - Public Records City Attorney's Office E rgoren@slocity.org T 805.783.7836 slocity.org Stay connected with the City by signing up for e-notifications The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the designated addressee named above. The information transmitted is subject to the attorney-client privilege and/or represents confidential attorney work product. Recipients should not file copies of this email with publicly accessible records. If you are not the designated addressee named above or the authorized agent responsible for delivering it to the designated addressee, you received this document through inadvertent error and any further review, dissemination, distribution or copying of this communication by you or anyone else is strictly prohibited. IF YOU RECEIVED THIS 1 COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank you. 2