Californians have a legal right to “information concerning the conduct of the people’s business,” but actually getting those public records is easier said than done.
In the past few months alone, a former employee of the San Jose mayor’s office sued the city for “perpetually extending its own deadline” for responding to records requests, while Mendocino County, facing the threat of litigation, repealed an ordinance to charge as much as $150 per hour to locate, review and redact documents.
These “loopholes” have prompted a new initiative that proponents say would give the law much-needed teeth and dramatically overhaul access to public information in California. It was filed Wednesday by Consumer Watchdog, a nonprofit advocacy group heavily involved in legislative and political fights over issues such as insurance rates, medical malpractice and oil drilling.
“The initiative is essential to make sure that the promise under the constitution to access public records means something,” said Jerry Flanagan, the organization’s litigation director.
Flanagan said endless delays and overly broad exemptions have made California’s public records laws “largely an empty promise” and the Legislature is uninterested in fixing that. A bill last year that would have established a standard two-year retention period for records across state government passed the Assembly unanimously — then was quietly killed in the Senate.
The proposed initiative would require agencies to hold onto records...
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