A New Initiative to Transform California Open Records

Since its signing in 1968, California’s open records law has been the gold standard for government transparency. It has remained a shining example of how to track government overspending and misconduct by informing the public on pertinent details of operation. The California Public Records Act, or CPRA, is foundational to accountability in California, but a new ballot initiative may be bringing the act to even greater heights.

There is concern in the Golden State that the CPRA needs strengthening. The nonprofit group Consumer Watchdog has begun an initiative to overhaul the Public Records Act through a ballot initiative, citing several key loopholes in the existing law.

In a recently published copy of the initiative, Consumer Watchdog observed that many of the current issues surrounding public records stem from lax guidelines and a lack of consequences for agencies that fail to properly comply with the law. Their report points out that, “Currently, there is little to disincentivize public agencies from adopting practices that limit the public’s access to records. The public should be empowered to enforce the laws that protect our democracy.”

If California is to maintain any level of openness and accountability, the proposed initiative is an essential step. In addition to proposing a 30-day maximum for public agencies to turn over records, it also advocates for increases to retention standards.

Oftentimes, agency retention windows are so short that key emails, communications and other records are deleted long before concerned citizens can request them. The proposed initiative, to be titled the “Government Transparency Act,” would require government entities to maintain records for at least five years after creation. In an age of digital technology and constant data creation, California’s laws need to reflect the changing landscape of transparency.

Consumer Watchdog says that current law works against the average Californian: “When a member of the public sues a public agency for violating the Public Records Act, they often cannot get the information they need to prove their case, and then must appeal a bad decision in a very short time period, which discourages public access. The legal process should support the public’s right to know and right to challenge an agency’s violations of law.”

At Transparent California, we have extensive experience in serving public agencies with a suit, like our recent successful effort to force the city of Compton to turn over public information. We can attest that these suits can easily be hamstrung by uncooperative actors that want to discourage the public from accessing the data that proves their cases. Greater legal protections for the citizens who fight for accountability are essential to maintaining transparency.

This proposed initiative would be a revolutionary touchstone in the history of California public records. Our state is built on the idea that the government should serve the people, and it is the responsibility of the people to maintain that idea. While the California Transparency Act won’t appear on the ballot until 2024, now is the time to begin laying the groundwork for success. Tell your friends and family about the act and support local transparency organizations so that together, we can bring about a real change for good.