Budget Trailer Bill Item Cripples Public Records Act

[Ayatollahgondola]

This is a big deal. The democrat led legislature is basically giving all local agencies (city, county, whatever) a tool to reject public records act requests, and not even have to respond to the requestor or tell them why it was rejected. You want to know why we have snooping on our phone end internet records at the federal level? Because we let people like this operate in secret.

(a) Commencing on the effective date of the act adding
25this section, notwithstanding any other law, any mandates set forth
26in the following provisions shall not apply to a local agency.
27Compliance with these provisions shall be at the discretion of the
28local agency. For local agencies, these provisions represent best
29practices which they are encouraged, but are not required, to
30follow:
31(1) The requirement in subdivision (c) of Section 6253 that:

32(A) Within 10 days from receipt of a request for a copy of
33records, provide to the person making the request verbal or written
34notice of the disclosure determination and the reasons for the
35determination. This activity includes, where applicable:

36(i) Drafting, editing, and reviewing a written notice to the person
37making the request, setting forth the reasons for the determination.

38(ii) Obtaining agency head, or his or her designee, approval
39and signature of a written notice of determination.

40(iii) Sending or transmitting the notice to the requestor.

P18 1(B) If the 10-day time limit to notify the person making the
2records request of the disclosure determination is extended due
3to “unusual circumstances,” as defined by paragraphs (1)through
4(4), inclusive, of subdivision (c) of Section 6253 of the Government
5Code, the agency head, or his or her designee, shall provide written
6notice to the person making the request, setting forth the reasons
7of the extension and the date on which a determination is expected
8to be dispatched. This activity includes, where applicable:

9(i) Drafting, editing, and reviewing a written notice to the person
10making the request, setting forth the reasons for the extension of
11time.

12(ii) Obtaining agency head, or his or her designee, approval
13and signature of the notice of determination or notice of extension.

14(iii) Sending or transmitting the notice to the requestor.

15(2) Section 6253.1.

16(3) Section 6253.9. As on this requirement, the local agency
17may determine the format of electronic data to be provided in
18response to a request for information.

19(4) Section 6254.3.

20(5) Subdivision (b) of Section 6255.

21(b) Beginning on January 1, 2014, a local agency that
22determines that it will not follow these best practices, shall so
23announce orally at its next regularly scheduled public meeting
24and annually thereafter at a regularly scheduled public meeting.