Proclamation of State of Emergency in Los Angeles County and City of Los Angeles

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California State of Emergency Proclamation regarding protests in Los Angeles (2020)
by Gavin Christopher Newsom
3218327California State of Emergency Proclamation regarding protests in Los Angeles2020Gavin Christopher Newsom
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EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA

PROCLAMATION OF A STATE OF EMERGENCY

WHEREAS on May 25, 2020, George Floyd tragically died in Minneapolis, Minnesota, shortly following his arrest in which an officer of the Minneapolis Police Department kneeled on his neck to detain him during the arrest, and then did not respond to Mr. Floyd's requests for help when he stated that he could not breathe; and

WHEREAS Los Angeles County and the City of Los Angeles have requested State assistance including the activation of the California National Guard based on the civil unrest the City and County of Los Angeles report and based on limited local resources; and

WHEREAS I find that conditions of Government Code section 8558(b), relating to the proclamation of a State of Emergency, have been met; and

WHEREAS under the provisions of Government Code section 8625(c), I find that local authority is inadequate to address the threat posed by the civil unrest within Los Angeles County and the City of Los Angeles.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code section 8625, HEREBY PROCLAIM A STATE OF EMERGENCY to exist in Los Angeles County and the City of Los Angeles.

IT IS HEREBY ORDERED THAT:

  1. All agencies of the state government use and employ state personnel, equipment, and facilities or perform any and all activities consistent with the direction of the Office of Emergency Services and the State Emergency Plan. Also, all residents are to heed the advice of emergency officials with regard to this emergency in order to protect their safety.
  2. The Office of Emergency Services shall provide assistance to Los Angeles County and the City of Los Angeles, if appropriate and necessary, under the authority of the California Disaster Assistance Act, Government Code section 8550 et seq., and California Code of Regulations, Title 19, section 2900 et seq.
  3. The California National Guard shall mobilize under Military and Veterans Code sections 143 and 146 to support response efforts in Los Angeles County and the City of Los Angeles.

​I FURTHER DIRECT that as soon as hereafter possible, this proclamation be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this proclamation.

IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 30th day of May 2020.

Newsom's signature

GAVIN NEWSOM
Governor of California


ATTEST:



ALEX PADILLA
Secretary of State

This work is created by a government unit (including state, county, city, and municipal government agencies) that derives its powers from the laws of the State of California and is subject to disclosure under the California Public Records Act (Government Code § 6250 et seq.). It is a public record that was not created by an agency which state law has allowed to claim copyright and is therefore in the public domain in the United States.

Extended content
Records subject to disclosure under the Public Records Act

Pursuant to the California Public Records Act (Government Code § 6250 et seq.) "Public records" include "any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics." (Cal. Gov't. Code § 6252(e).) notes that "[a]ll public records are subject to disclosure unless the Public Records Act expressly provides otherwise." County of Santa Clara v. CFAC California Government Code § 6254 lists categories of documents not subject to disclosure under the Public Records Act. In addition, computer software is not considered a public record, while data and statistics collected (whether collected knowingly or unknowingly) by a government authority whose powers derive from the laws of California are public records (such as license plate reader images) pursuant to EFF & ACLU of Southern California v. Los Angeles Police Department & Los Angeles County Sheriff's Department and are not exempt from disclosure and are public records.

Although the act only covers “writing,” the Act, pursuant to Government Code § 6252(g), states: “Writing” means any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored.

Agencies permitted to claim copyright

California's Constitution and its statutes do not permit any agency to claim copyright for "public records" unless authorized to do so by law. The following agencies are permitted to claim copyright and any works of these agencies should be assumed to be copyrighted without clear evidence to the contrary:

County of Santa Clara v. CFAC held that the State of California, or any government entity which derives its power from the State, cannot enforce a copyright in any record subject to the Public Records Act in the absence of another state statute giving it the authority to do so.

Note: Works that are considered "public records" but were not created by a state or municipal government agency may be copyrighted by their author; the Supremacy Clause of the United States Constitution prevents state law from overriding the author's right to copyright protection that is granted by federal law. For example, a state agency may post images online of the final appearance of a building under construction; while the images may have to be released by such agency since they are public records, their creator (e.g. architecture/construction firm) retains copyright rights to the image unless the contract with the agency says otherwise. See: Government-in-the-Sunshine Manual: To what extent does federal law preempt state law regarding public inspection of records?.

Disclaimer: The information provided, especially the list of agencies permitted to claim copyright, may not be complete.

Public domainPublic domainfalsefalse

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