HomeMy WebLinkAboutMINUTES - 05021989 - 1.41 1-041
TO: Board of Supervisors
FROM: Phil Batchelor, County Administrator e
DATE: April 21, 1989
�osT'4 COUIz"�
SUBJECT: LEGISLATION: AB 2019 (Harris)
Specific Request(s) or Recommendations(s) & Background & Justification
RECOMMENDATION
Adopt a position in OPPOSITION to AB 2019 by Assemblyman Harris which would provide a financial penalty
for any instance in which public records are not provided to an individual within 10 days after the request for such
records.
BACKGROUND:
Current law requires a public agency to provide copies of public records not otherwise exempt from disclosure to
an individual requesting a copy of such records within 10 days of the request.
Assemblyman Harris has introduced AB 2019,which would provide an unspecified financial penalty for each day
that the records are withheld.
County Counsel recommends that the Board of Supervisors oppose AB 2019 on the basis that it may place an
unreasonable burden on county staff to provide a wide range of records on relatively short notice. In addition,County
Counsel notes that in some cases it may be impossible for the County meet the literal requirements of the law or that
staff may inadvertently fail to meet the time requirements, thereby subjecting the County to as yet unspecified
financial penalties for such failure.
County staff are aware of the current requirements of the law and, upon direction from County Counsel, do their
best to comply with requests which are at times so broad,or so vague,as to require a great deal of effort to comply
with. This office concurs with County Counsel that the Board of Supervisors should oppose AB 2019,at least until
the details of the proposed penalty have been spelled out so we can determine what liability the County may face.
CONTINUED ON ATTACHMENT: NO SIGNATURE:
Recommendation of County Administrator Recommendation of Board Committee
Approve Other:
Signature(s): 1J"P&&4 mag 52�-Z,
Action of Board on: May 2, 1989 Approved as Recommended Other
Vote of Supervisors
I HEREBY CERTIFY THAT THIS IS A TRUE AND
Unanimous(Absent ) CORRECT COPY OF AN ACTION TAKEN AND
Ayes: Noes: ENTERED ON HE MINUTES OF THE BOARD
Absent: Abstain: OF SUPERVISORS ON DATE SHOWN.
cc: County Administrator ATTESTED MAY Z 1989
County Counsel PHIL BATCHELOR,CLERK OF THE BOARD
Assemblyman Elihu Harris SUPERVISORS AND COUNTY ADMINISTRATOR
Les Spahnn,Jackson/Barish&Associates
BY: ,Deputy Clerk
CLVM:eh
ab2019