Politics & Government

Santa Cruzan Not Happy About Proposal to Cut Public's Right to Government Information to Save Money

A statewide proposal to cut the public's access to public information has been largely overlooked in the wake of national controversies about government spying and lack of transparency - but freedom of information advocates say it could be a disaster.

The legislation, proposed by Democrats, would allow city governments to deny public requests for records without explaining why, according to this story in the Sacramento Bee. 

Current law requires them to respond within 10 days and cite reasons for needing more time or rejecting a request. Cutting the requirement would save tens of millions annually, the report says, quoting the Independent Legislative Analyst's Office.

"This is a direct threat to democracy! It's a deplorable attack on the public's rights to know. It's downright cowardly and totalitarian," wrote free speech advocate John Cohen on his Facebook page, Citizens for Open, Transparent, Accountable Government.
First Amendment attorney Terry Francke wrote this on the site Californians Aware:

"Let everyone you know who cares that their right to a prompt and informative response to a request to copy or even see public records of local government agencies is being switched off indefinitely by the Legislature, without a single public hearing debate.
With the relevant trailer bill amendments in print today (SB 71 and AB 76) which will go into immediate effect with the budget, it’s clear that the California Public Records Act (CPRA) mandate suspensions are far worse than had been anticipated.  If they go into effect, local agencies including counties, cities, educational and special districts and others will no longer have the legally enforceable obligation to:

  • assist requesters to frame and direct their written requests in effective ways;
  • provide electronic records in a format specified by the requester, even if the agency can do so without special cost;
  • provide a determination notice within 10 days as to what if any information will be released;
  • provide a notice within 10 days that up to an additional 14 days will be needed to make the determination, and what justifies the added delay;
  • provide any written response to the requester at all, even if the request was in writing, including a written statement of the legal basis for withholding information.

How do you feel about losing this right in order to save money? 


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