Far-From-Public Records

The 30-year-old California Public Records Act is routinely violated and rarely enforced, according to a legislative report. The Task Force on Government Oversight undertook its investigation at the request of Sen. Byron Sher (D-Stanford) after Sher was stonewalled by the state Department of Insurance in his attempt to get access to public records.

The law was originally designed to be the state equivalent of the federal Freedom of Information Act, but the task force said the law “has been interpreted, reinterpreted and fiddled with to the point it has become of little appreciable value to the public.” A number of state agencies reject requests for public records without fear of punishment. The answer clearly must be a sweeping overhaul of the law.

There is no general reform in the works, but two bills are moving through the Legislature that would ease access to public records. SB 2174, authored by Sen. Richard K. Rainey (R-Walnut Creek), would prohibit an agency from denying public records merely because of the magnitude of the request or based on the purpose for which records are requested.

SB 143, by Sen. Quentin L. Kopp (I-San Francisco), would make it easier to use the law by creating an index of materials that are exempt from inspection under the law. At present, these exemptions are scattered throughout the state lawbooks. It would also consolidate sections of the law that explain the rights of the public and the duties of agencies in respect to public records. Both measures have passed the Senate and are pending in the Assembly. Both deserve final passage and the signature of Gov. Pete Wilson.

After the legislative report came out, a Wilson spokesman defended the law and accused the task force of headline hunting. But undoubtedly there is a problem. The Associated Press reported that it requested 69 sets of public records from 29 agencies in a test of the act. Only seven agencies said they could comply fully with the request. That’s not a good batting average.

A strong and fairly enforced public records act is critical to open, honest and fair government. The Rainey and Kopp bills would help. But what really is needed is a general overhaul of the law. That should begin in January.