California Gov. Gavin Newsom signed a bill into law July 18 that expands the definition of “unusual circumstances,” in which the time for responding to public records requests can be extended by 14 days.
Existing law as established by the California Public Records Act—passed by the Legislature in 1968—requires government agencies to respond to public records act requests within 10 days with a determination of whether the records exist and if they are disclosable.
After the government response to the pandemic affected government agencies, the need for the revision became apparent, according to state Sen. Kelly Seyarto, who authored the originating bill—Senate Bill 1034—on the issue.
“In recent years, the COVID-19 pandemic brought unprecedented circumstances that were not captured under the current definition of ‘unusual circumstances,’” Mr. Seyarto said in legislative analyses. “Consequently, agencies were obligated to allocate limited time and resources to comply with the normal 10-day determination period in the midst of a statewide public health and safety emergency.”
The law allows agencies impacted during an emergency order—where state offices are ordered closed—to better manage records requests, he said.
Documents created during such an emergency or relevant to the situation are not eligible for the extended time period, according to the text of the bill.
Supporters of the law said, during Legislative discussions, responding to such requests is difficult, even without an emergency.
Made up of elected supervisors from rural counties, the group’s board cited statistics demonstrating how records requests are inundating some local governments.
Emergencies notwithstanding, the volume of California public records requests has increased by 73 percent since 2019, according to the rural county group, and there are more public records to sift through, including emails, text messages, and communications on direct messaging platforms.
“In response, there has been a proportionate increase in the complexity and sophistication of the work necessary to respond to [Public Records Act] requests due to the staff time spent searching for records and redacting material that is exempt or prohibited from disclosure,” the group wrote.
Such staff members are often the same as those used to respond to emergency activities, according to the rural representatives.
One of the bill’s sponsors agreed and said resources are limited during emergencies when other needs are prioritized.
“During a state of emergency agencies may face a surge in demand for their services ... making it difficult to promptly respond to public record requests to stay within the compliance period,” the city of Chino Hills said in legislative analyses. “SB 1034 allows agencies to focus on keeping their communities safe during a state of emergency.”
Dozens of cities—including Brea, Rancho Cucamonga, and Roseville, among others—were listed as supporters in legislative analyses. Additionally, the Los Angeles County Office of Education and the Orange County Sanitation District, among other local government agencies, offered support.
No groups were listed in opposition, and the bill cleared the Legislature without a vote against it, though some lawmakers chose to abstain.
