Existing law, the legislative code of ethics, prohibits Members of the Legislature from entering into, or requesting that another party enter into, a nondisclosure agreement relating to the drafting, negotiation, or discussion of proposed legislation. Existing law also makes any nondisclosure agreement relating to the drafting, negotiation, or discussion of proposed legislation entered into after January 1, 2026, void and unenforceable. Existing law provides an exception for nondisclosure agreements, or portions thereof, that prevent only the disclosure of trade secrets, financial information, or proprietary information, as specified.

The bill would prohibit staff of a local government official acting in their official capacity from entering into, or requesting that another individual enter into, a nondisclosure agreement relating to public business that precludes their ability to share information with the local government official who they serve under. The bill would also make any nondisclosure agreement relating to public business that precludes the ability of any staff of a local government official acting in their official capacity to share information with the local government official who they serve under and that is entered into after January 1, 2027, void and unenforceable.

The bill would provide an exception for nondisclosure agreements, or portions thereof, that prevent only the disclosure of trade secrets, financial information, or proprietary information, as specified. The bill would define “local government official” for its purposes to mean any public official serving on behalf of a city, county, local agency formation commission, special district, or local educational agency, as specified, and would exempt from its provisions a local government official serving on behalf of a charter city or charter county.