When the California Public Records Act was signed into law by Gov. Ronald Reagan in 1968, it promised state residents the right to know what their government is doing.
That promise has not always been fulfilled, in part because the act provides for no accountability and no penalty for government bodies that fail to honor requests for records.
But this could change soon if a bill working its way through the Legislature becomes law.
Assembly Bill 1479 would do two things that are overdue. First, it would require state and local agencies to designate a person or office responsible for responding to requests for records under the Public Records Act. Second, it would allow courts to assess penalties of $1,000 to $5,000 against agencies that delay providing records, that demand unreasonable fees, or that otherwise fail to act in good faith in response to records requests.
The bill is hailed by the California Newspaper Publishers Association, the American Civil Liberties Union and other First Amendment advocates for putting teeth in the Public Records Act. Those may be baby teeth, but AB1479 would send a huge message: State leaders take open government seriously.
The CNPA gave the Legislature several examples of governments failing to live up to the Public Records Act. One stemmed from the Ghost Ship warehouse fire that killed 36 people in Oakland in 2016. The East Bay Times (our sister paper) sought Oakland city records regarding fire and building safety standard enforcement. The city didn’t provide a single document for six months — before turning over 600 pages of documents only under threat of a lawsuit.
Government officials shouldn’t be able to shirk their responsibility to the taxpayers in this way without consequences. Now, if AB1479 passes, they won’t be able to.
Introduced by Assemblyman Rob Bonta, D-Oakland, and co-authored by Assemblywoman Cristina Garcia, D-Downey, AB1479 passed the full Assembly on Tuesday in a 71-1 vote and now heads to the Senate.
Californians who value their right to know what their government is up to should call on state Senate members to approve the bill, and Gov. Jerry Brown to sign it.