Michaelis, Montanari & Johnson v. Superior Court

In this case, we consider California’s Public Records Act (Gov. Code, § 6250 et seq. (the Act)), generally calling for disclosure of a public agency’s records, and the statutory exception (id., § 6255) applicable where the public interest in nondisclosure “clearly outweighs” the public interest in disclosure. More specifically, we face questions concerning the availability and timing of public disclosure of competitive proposals submitted to a public agency as part of a process of qualifying and negotiating for a public contract, lease, or other project. As will appear, consistent with analogous federal law and the majority of statutes and decisions in other states, we conclude that public disclosure of such proposals properly may await conclusion of the agency’s negotiation process, occurring before the agency’s recommendation is finally approved by the awarding authority. We will reverse the contrary judgment of the Court of Appeal.

FACTS

The following uncontradicted facts are taken largely from the Court of Appeal’s decision. On November 3, 2003, the City of Los Angeles Department of Airports, also known as Los Angeles World Airports (LAWA), issued a “Request for…