Call It the ‘Quackenbush Act’

The state’s open records law is something of a farce. If a state department does not want to give out information sought by the news media or any citizen, all it has to do is declare that it’s not in the public interest to release it. This is done frequently, and the only recourse is to sue the state. Such lawsuits are brought with frequency, and the state commonly loses.

The public would be better served and the state would save a lot on legal fees by plugging this loophole in the California Public Records Act. A bill to do that has been proposed by the California Newspaper Publishers Assn. and is sponsored by Assemblyman Kevin Shelley (D-San Francisco).

Shelley’s Assembly Bill 914 would establish guidelines for an agency or court to use in deciding when the public interest in releasing the information overrides the need for secrecy. Shelley said the override sets a high threshold for access and would be exercised only if serious harm would occur if the information was withheld.

The need for such a change became obvious when former state Insurance Commissioner Chuck Quackenbush was under investigation for questionable actions related to claims from the Northridge earthquake. Quackenbush was able to use the public records act “like a personal shield,” the publishers association said. When the Legislature’s investigating committees finally obtained the information, it led to Quackenbush’s forced resignation.

The need for confidentiality can be a delicate balance, but the scales should be weighted toward the public’s right to know. The Shelley bill would help do that.