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Article

1 May 2024

Author:
Jeanne Kuang, CalMatters (USA)

California officials won’t say why it would cost ‘billions’ to protect prison workers from heat

More than a month after Gov. Gavin Newsom’s administration delayed a workplace indoor heat rule because it might be too expensive for the state prison system, state officials are refusing to release records showing how they made that decision. 

The Department of Finance said today it’s withholding records of any cost estimates it has conducted over the proposed workplace rule or received from other state agencies, plus communications between prison and finance officials over those costs. 

CalMatters requested those documents under the state’s public records law on March 22 after the rule was delayed.

In response, the department said withholding the records is justified under “the Governor’s and Director of Finance’s deliberative process privilege.” 

In late March, CalMatters also requested similar records from the Department of Corrections and Rehabilitation. Late today, the department also denied the request, citing the same exemption...

The “deliberative process privilege” is a broad exemption in California public records law allowing officials to withhold records showing how they make decisions. 

In the case of the indoor heat rule, the finance department told CalMatters it plans to withhold records “as it relates to decision-making and discussions about litigation, potential budget impacts, the budget, and policy development because the public interest served by not disclosing these records outweighs the public interest served by their disclosure.” The decision was made by senior staff counsel Donna Ferebee...