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Proprietary Information is Not Shared in Public Records Act Requests

  1. Per the Public Records Act (California Gov. Code 6250 et seq.), ACERA will make available to the public the submitted IPSI Form and all correspondence and documentation submitted during the IPSI process. Except as otherwise required by law, ACERA will not disclose trade secrets or proprietary financial information submitted in an IPSI Form. Any such trade secrets or proprietary financial information, which Investment Vendor believes should be exempted from disclosure, shall be specifically identified and marked as such by Investment Vendor. Blanket-type identific ation by designating whole pages or sections shall not be permitted and shall be invalid. The specific information must be clearly identified as such.
  2. Upon a request for records regarding a submitted IPSI Form, ACERA will notify the Investment Vendor involved of a specific time for when the records will be made available for inspection. If  Investment Vendor, in a timely manner, identifies any “proprietary, trade secret, or confidential commercial or financial” information which  Investment Vendor determines is not subject to public disclosure,  Investment Vendor will be required fully to intervene, justify such exemption, and secure appropriate injunctive orders in all fora exempting such records from disclosure. ACERA reserves the right to independently determine whether any document is subject to disclosure and to make such information available to the extent required by applicable law, without any restriction.

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