- Elizabeth Larson
- Posted On
Lawmakers move ahead with constitutional amendment on public records, meetings
After a firestorm of criticism that caused state lawmakers to withdraw plans that would have made the California Public Records Act unenforceable, on Friday state Senate leaders moved ahead with introducing a constitutional amendment that would put responsibility for paying for fulfilling records requests on local jurisdictions.
Sen. Mark Leno (D-San Francisco) and Senate President Pro Tempore Darrell Steinberg (D-Sacramento) introduced SCA 3, which specifies that all local government agencies are required to comply with the California Public Records Act and the Ralph M. Brown Act.
It also would remove the mandate that the state reimburse local entities for the costs of following these laws.
In the midst of a $96 billion budget, Gov. Jerry Brown and lawmakers singled out the California Public Records Act for changes because of the mandate that SCA 3 is meant to change.
Brown and leaders in the Assembly and Senate had claimed that the state would save millions of dollars – although provided no specific number – if it no longer had to reimburse local jurisdictions for fulfilling the records requests.
Last week, riders were added to the state budget bill that would have taken the teeth out of local agencies’ and governments’ compliance with the 45-year-old California Public Records Act, as Lake County News has reported.
Under those budget riders, agencies would – among other changes– no longer have been required to provide a response within 10 days of a request, assist requesters with effectively framing their records searches or provide electronic records in the requester’s preferred format, and could have turned down fulfilling requests without providing a reason for the denial.
The furious response over the past week from journalists and open government groups and activists across California caused the Assembly to go back and strip out the measures, with the Senate pledging to do the same after Steinberg initially refused to reconsider “unless there is evidence that locally-elected officials aren’t complying with the statutes that they were elected and expected to uphold.”
In pitching the new constitutional amendment on Friday, Leno and Steinberg said it would strengthen the California Public Records Act.
Rather than state taxpayers having to pay for records request fulfillment, the responsibility would shift to local taxpayers, according to the plan.
“All of the provisions of the Public Records Act are critically important to preserving open government, and that is why they belong in the California Constitution,” said Leno said. “SCA 3 permanently upholds and protects a person’s right to inspect public records and attend public meetings, which are principles we all respect and treasure. The state should not have to provide a fiscal incentive to local governments so that they comply with these important transparency laws.”
“As established in state law decades ago, Californians expect and deserve transparency and access to public records,” said Steinberg. “We strongly support the California Public Records Act, and this important principle demands permanent protection through our Constitution. This constitutional amendment will give voters the opportunity to strengthen the act, and to ensure that state taxpayers don’t have to pay for what local governments should be doing on their own.”
If the Legislature approves SCA 3 with the required two-thirds vote, it would go before voters on the June 2014 ballot.
Brown issued a statement on Wednesday indicating his support for a constitutional amendment and “enshrining” Californians’ right to know in the state constitution.
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