Board of Pilot Commissioners v. Superior Court

The California Public Records Act (CPRA) (Gov. Code, § 6250 et seq.) provides for the inspection of public records maintained by state and local agencies. The Pacific Merchant Shipping Association (PMSA), real party in interest in this case, petitioned the trial court for a writ of mandate compelling production under the CPRA of certain records held by Captain Bruce Horton, the then designated port agent of the Board of Pilot Commissioners for the Bays of San Francisco, San Pablo and Suisun (hereafter Port Agent and Board, respectively). The trial court granted the petition. Horton, who also served as president of petitioner San Francisco Bar Pilots (Bar Pilots), seeks a writ of mandate and/or prohibition in this court directing the trial court to set aside its order. The Board separately challenges the trial court order. The Board, Horton, and Bar Pilots all argue that the Port Agent is not a state officer subject to the CPRA and that the records sought are private, not public.

We stayed the trial court’s order and requested briefing. After consideration of the petitions, the opposition of PMSA, and the petitioners’ replies, we ordered consolidation of the petitions and…