Kehoe

Plaintiffs are the Black Panther Party and the California Legislative Council for Older Americans, both unincorporated associations. Defendants are the Director of the State Department of Consumer Affairs and the Chief of the Bureau of Collection and Investigative Services. Plaintiffs seek judicial enforcement of their demand for inspection of letters of complaint from individuals, charging unethical or abusive practices by licensed collection agencies. The trial court held these complaints exempt from disclosure under the Public Records Act (Gov. Code, § 6250 et seq.) and denied relief. Plaintiffs appeal.

*649 Within the Department of Consumer Affairs are a number of agencies which license and regulate a wide variety of professions and businesses. (See Bus. & Prof. Code, § 101.) One of these agencies is the Bureau of Collection and Investigative Services, which licenses collection agencies. Several statutes deal with citizen complaints which charge licensees with wrongdoing. After receiving a complaint each licensing agency within the department must keep the complainant informed of its action; if appropriate, it may notify the licensee and meet and confer with the…

I dissent. The facts are not in dispute. The plaintiffs have made demand on the Bureau of Collection Agencies for access to all consumer complaints filed with the bureau against licensed collection agencies. Plaintiff’s stated purpose is that access to the consumer complaints is required so they can publish this information in the Black Panther newspaper, rating the collection agencies according to the number and seriousness of the complaints.

The request of plaintiffs to make available to them all complaints against collection agencies was refused by the Bureau of Collection and Investigative Services on the ground that the complaints, together with investigative material appurtenant thereto, are not public records; that such is specifically exempt from disclosure under Government Code section 6254, subdivision (f). The deputy chief further advised plaintiffs that where a complaint has resulted in formal disciplinary proceedings, the documents relating to those proceedings are a matter of public record and are available to plaintiffs.

The bureau does not disclose the complaints to the public because many of those filing complaints indicate they are submitted in confidence and…

FRIEDMAN, Acting P.J.

Plaintiffs are the Black Panther Party and the California Legislative Council for Older Americans, both unincorporated associations. Defendants are the Director of the State Department of Consumer Affairs and the Chief of the Bureau of Collection and Investigative Services. Plaintiffs seek judicial enforcement of their demand for inspection of letters of complaint from individuals, charging unethical or abusive practices by licensed collection agencies. The trial court held these complaints exempt from disclosure under the Public Records Act (Gov. Code, § 6250 et seq.) and denied relief. Plaintiffs appeal.

Within the Department of Consumer Affairs are a number of agencies which license and regulate a wide variety of professions and businesses. (See Bus. & Prof. Code, § 101.) One of these agencies is the Bureau of Collection and Investigative Services, which licenses collection agencies. Several statutes deal with citizen complaints which charge licensees with wrongdoing. After receiving a complaint each licensing agency within the department must keep the complainant informed of its action; if appropriate, it may notify the licensee and meet and…