AB 76 makes key provisions of the California Public Records
Act optional for local governments. Among
the provisions that would be optional under the new law are the requirements
local agencies respond to public records requests within 10 days and provide
requestor’s with electronic versions of public records. These provisions are critical to labor
associations who need prompt responses to public records requests, especially
during contract negotiations. The Assembly
and Senate passed the bill, which contains other provisions related to the
budget. It is currently on the Governor’s
desk awaiting signature.
Since the provisions received significant attention earlier
this week,
Assembly Speaker John Perez promised to pass a replacement bill that
leave the Public Records Act intact.
However, it looks like the State Senate will not act on his replacement
bill. Senate President Pro Tem Darryl
Steinberg announced today the Senate won’t take up Perez’s bill, noting the
changes to the Public Records Act are designed to save money, not stifle access
to records. That’s because if the
provisions are mandatory, the State has to reimburse local governments for
compliance, but if its optional, the State doesn’t have to reimburse them. While local labor associations have other access
to records under the MMBA and state labor laws, unlike the MMBA, the CPRA
has a powerful enforcement mechanism giving associations teeth when they have
to force an employer to turn over public records.
