HomeMy WebLinkAboutMINUTES - 06271989 - 1.41 --L-:oma 1—'041
TO: Board of Supervisors
FROM: Phil Batchelor, County Administrator
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DATE: June 20, 1989
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SUBJECT: LEGISLATION: AB 2019 (Harris)
Specific Request(s) or Recommendations(s) & Background & Justification
RECOMMENDATION:
Adopt an OPPOSE position on AB 2019 by Assemblyman Harris,as amended May 15,1989,which would establish
a$25 per day penalty*for any public agency that fails to make requested public records available promptly.
BACKGROUND:
Existing law requires a public agency to provide copies of public records not otherwise exempt from disclosure to
a person requesting those records, and requires the agency to determine, within 10 days after the request, whether
to comply with the request and to immediately notify the person making the request. In certain unusual
circumstances, this time period may be extended by up to an additional 10 days.
Assemblyman Elihu Harris has introduced AB 2019 which specifies that"Any agency that fails to make the records
promptly available shall pay a penalty to the person making the request of$25 for each day the records are withheld".
County Counsel has pointed out that the word"promptly"is not defined and there is no reference to the 10 day period
or possible extensions of that time period. There is no limit on how long the penalty can accrue. The bill also does
not specify any process by which an individual can demand that penalties be paid. It is possible that an individual
could take the County to small claims court each time a record is delayed beyond what the individual believes is
prompt. The current language of AB 2019 will no doubt open the County to additional litigation to determine whether
the record should have been withheld or not,whether the records were delivered"promptly"and whether the County
is required to pay the penalty. On the basis of this substantially increased exposure to litigation and liability to
penalties,this Office joints County Counsel in recommending that the Board of Supervisors oppose AB 2019 in the
form in which it was amended on May 15, 1989.
AB 2019 passed the Assembly Governmental Organization Committee and is now on referral)to the Assembly Ways
gd Means Committee.
ontmued on attachment: NO Signature:
j( Recommendation of County Administrator Recommendation of Board Committee
�( Approve Other:
Signature(s):
Action of Board on: - June 27 , 1989 Approved as Recommended x Other
Vote of Supervisors I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
X Unanimous (Absent -- " ) AND ENTERED ON THE MINUTES OF THE
Ayes: Noes: BOARD OF SUPERVISORS ON DATE SHOWN.
Absent: Abstain:
Attested June '27 1989.
cc:County Administrator Phil Batchelor, Clerk of the Board
County Counsel of Supervisors and County Administrator
Assemblyman Elihu Harris (_
Les Spahnn, SRJ. Jackson, Barish & Associates By Deputy Clerk
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