What are the exemptions?
An agency may refuse to provide a record if, in a particular case, “the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record.” [Cal. Gov’t Code § 6255]. In addition to this general exemption, an agency is entitled (but not required) to refuse disclosure if one or more of The Act’s statutory exemptions applies. The Act sets out a long list of specific exemptions (See Cal. Gov’t Code Section 6254), including: • Preliminary drafts, notes or memoranda. Pre-decisional, deliberative communications which are not retained by the public agency in the ordinary course of business need not be disclosed if the public interest in withholding those records clearly outweighs the public interest in disclosure. • Pending litigation. This exemption applies to documents pertaining to pending litigation to which the public agency is a party, including attorney work product and documents produced by the agency in anticipation of liti
