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HomeMy WebLinkAboutAgenda Report - May 17, 2017 C-16TM CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: AGENDA ITEM Authorize the Mayor, on Behalf of the City Council, to Send a Letter of Opposition for AB 1479 (Bonta): Public Records: Supervisor of Records Fines MEETING DATE: May 17, 2017 PREPARED BY: City Clerk RECOMMENDED ACTION: Authorize the Mayor, on behalf of the City Council, to send a letter of opposition for AB 1479 (Bonta): Public Records: Supervisor of Records: Fines. BACKGROUND INFORMATION: On April 28, 2017, the City received correspondence from the City Clerks Association of California regarding its opposition to AB 1479 (Bonta): Public Records: Supervisor of Records: Fines. AB 1479 places substantial burdens on local agencies by adding onerous, costly, and unnecessary requirements in processing California Public Records Act (CPRA) requests. AB 1479 would mandate that every local agency assign a "Supervisor of Record" to review each public records act denial prior to the final determination being issued. Additionally, the measure establishes new and costly punitive damages assessed to agencies above and beyond plaintiffs' attorney fees established in current law. For the reasons stated above and in the attached draft correspondence, it is recommended that the City Council authorize the execution and delivery of the proposed correspondence. FISCAL IMPACT: FUNDING AVAILABLE: Not applicable. Not applicable. ifer M. raiolo y Clerk APPROVED: Step en Schwaba , Ity Manager N:Administration\CLERK\Council\COUNCOM\LeagueSupportOpposeMaster.doc CITY COUNCIL DOUG KUEHNE, Mayor ALAN NAKANISHI, Mayor Pro Tempore MARK CHANDLER BOB JOHNSON JOANNE MOUNCE CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi.gov cityclerk©Iodi.gov May 18, 2017 Honorable Rob Bonta California State Assembly State Capitol Building, Room 2148 Sacramento, California 95814 Via Electronic Mail RE: AB 1479 (Bonta): Public Records: Supervisor of Records: Fines NOTICE OF OPPOSITION (As Amended 03/21/17) STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney The City of Lodi must respectfully oppose Assembly Bill (AB) 1479, which places substantial burdens on local agencies by adding onerous, costly, and unnecessary requirements in processing California Public Records Act (CPRA) requests. AB 1479 would mandate that every local agency assign a "Supervisor of Record" to review each public records act denial prior to the final determination being issued. Additionally, the measure establishes new and costly punitive damages assessed to agencies above and beyond plaintiffs' attorney fees established in current law. Local agencies strive to comply with the strict guidelines inherent with the CPRA; this measure runs counter to that intent. AB 1479 would cause further delays in processing requests by creating an additional step in the process whereby every request denial would have to be reviewed by the Supervisor of Record before a final determination from the agency can be issued. City Clerks and City Attorneys already work closely together to review records requests and exemptions and/or denials are carefully scrutinized. It is always our intent to ensure information remains widely accessible to the public whenever legally possible. Local agencies have seen a significant spike in CPRA request in recent years. This measure fails to take into account that many of these requests are often made from requesters and/or private entities who reside outside of our jurisdictional boundaries. Moreover, these serial filers make incredibly complex data requests which are then repackaged and sold. Due to the increased volume of such requests, many agencies large and small have already had to hire additional staff dedicated solely to review documents in association with CPRA requests. AB 1479 also creates increased litigation for local agencies under the CPRA. A requester can file suit on the day after responsive records are due which could be as early as eleven days after the request if there has been no extension of time. Once a suit is filed, generous attorneys' fees established in current law may still be awarded under the "catalyst" theory even if the agency discloses the requested records after the litigation has commenced. Adding the additional punitive damages awards as high as $5,000 per violation will lead to a litany of satellite litigation given the grounds for punitive damages are so vast. Local agencies already potentially face significant liability exposure each time a request is denied due to the potential award of attorneys' fees. For these reasons, the City of Lodi respectfully opposes AB 1479. Sincerely, Doug Kuehne Mayor, City of Lodi cc: CCAC Legislative Committee / Board of Directors League of California Cities Alison Merrilees, Chief Counsel, Assembly Judiciary Committee Paul Dress, Consultant, Republican Caucus Jennifer Ferraiolo From: City_clerks <city_clerks-bounces@lists.cacities.org> on behalf of Derek Dolfie <ddolfie@cacities.org> Sent: Friday, April 28, 2017 6:11 PM To: City_clerks@lists.cacities.org Subject: [City_clerks] AB 1479 - Notice of Opposition Attachments: ATT00001.htm; AB1479OpposeLtr.pdf; ATT00001.txt CCAC Members— the attached letter of opposition to AB 1479 was sent today in conjunction with the League's opposition. Please take time to read the bill and committee analysis as it directly impacts our profession. To the extent possible, please have your cities oppose this legislation as it opens us up to civil liability and fines for PRA delays. http://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=sNi%2bdpi5Au38%2bIAD3dGpwLwxnviSoT5h6ce3r1Mnbs8 GRVdHMxNY7hpICRIskzA6sOINbv016YPOIUIQm2i8eQ%3d%3d Randi Johl, JD, MMC City Clerk, City of Temecula Legislative Director, California City Clerks Association randi.johl@<mailto:randi.johl@>temeculaca.gov<http://temeculaca.gov> 41000 Main St, Temecula, CA 92590 [Visit our Website]<http://temeculaca.gov/> Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. 1 1l LEAGUE \` OF CALIFORNIA CITIES AB 1479 (Bonta D) Public records: custodian of records: civil penalties. Status: 5/1/2017 - Re-referred to Com. on APPR. Calendar: 5/10/2017 9 a.m. - State Capitol, Room 4202 ASSEMBLY APPROPRIATIONS, GONZALEZ FLETCHER, Chair Location: 4/27/2017-A. APPR. 2Year Dead DeskiPolicyFiscal Floor DeskiPolicylFiscaliFloor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Attachments AB 1479 (Bonta) SAMPLE Oppose 4.19.17 AB 1479 (Bonta) Oppose Coaltion 4.17.17 Summary Existing law, the California Public Records Act, requires a public agency, defined to mean any state or local agency, to make its public records available for public inspection and to make copies available upon request and payment of a fee, unless the public records are exempt from disclosure. Existing law requires an agency to justify withholding a record from disclosure by demonstrating either that the record in question is exempt under express provisions of law or that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record. Existing law requires specified state and local agencies to establish written guidelines for accessibility of records. Existing law authorizes a person to institute proceedings for injunctive or declarative relief or writ of mandate in any court of competent jurisdiction to enforce his or her right to inspect or to receive a copy of any public record or class of public records under these provisions.This bill would require public agencies to designate a person or office to act as the agency's custodian of records who is responsible for responding to any request made pursuant to the California Public Records Act and any inquiry from the public about a decision by the agency to deny a request for records. The bill also would make other conforming changes. Because the bill would require local agencies to perform additional duties, the bill would impose a state -mandated local program.<p>This bill contains other related provisions and other existing laws.</p> (Based on text date 4/27/2017) Bill Text 04/27/2017 Amended 03/21/2017 Amended 02/17/2017 Introduced View Bill Text Analysis 04/23/2017 A - Judiciary View Analysis Votes 04/25/2017 ASM. JUD. (Y: 11 N: 0 A: 0) View Votes Bills Affecting Same Code PEOPLE WHO TRACK AB 1479 ALSO TRACK: 81%AB 241 74% SB 1 74% SB 49 Personal information: privacy: state and local agency breach. Transportation funding. California Environmental, Public Health, and Workers Defense Act of 2017. 74% 168 Employers: salary information. 72% AB 5 Employers: Opportunity to Work Act. History tracking tracking tracking tracking tracking 5/1/2017 Re-referred to Com. on APPR. 4/27/2017 Read second time and amended. 4/26/2017 From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (April 25). 3/22/2017 Re-referred to Com. on JUD. 3/21/2017 From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended. 3/20/2017 Referred to Com. on JUD. 2/19/2017 From printer. May be heard in committee March 21. 2/17/2017 Read first time. To print. 5/8/2017 9:39:48 AM Pamela Farris From: Pamela Farris Sent: Monday, May 22, 2017 9:12 AM To: 'rob.bonta@asm.ca.gov' Cc: 'alison.merrilees@asm.ca.gov'; 'paul.dress@asm.ca.gov' Subject: AB 1479 (Bonta) - Notice of Opposition Attachments: IAB1479.pdf Attached is the City of Lodi's Notice of Opposition to AB 1479 (Bonta). Pam Farris Deputy City Clerk City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 (209) 333-6702 (209) 333-6807 FAX CITY COUNCIL DOUG KUEHNE, Mayor ALAN NAKANISHI, Mayor Pro Tempore MARK CHANDLER BOB JOHNSON JOANNE MOUNCE CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www. lodi.gov cityclerkAlodi.gov May 18, 2017 Honorable Rob Bonta California State Assembly State Capitol Building, Room 2148 Sacramento, California 95814 Via Electronic Mail RE: AB 1479 (Bonta): Public Records: Supervisor of Records: Fines NOTICE OF OPPOSITION (As Amended 03/21/17) STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney The City of Lodi must respectfully oppose Assembly Bill (AB) 1479, which places substantial burdens on, local agencies by adding onerous, costly, and unnecessary requirements in processing California Public Records Act (CPRA) requests. AB 1479 would mandate that every local agency assign a "Supervisor of Record" to review each public records act denial prior to the final determination being issued. Additionally, the measure establishes new and costly punitive damages assessed to agencies above and beyond plaintiffs' attorney fees established in current law. Local agencies strive to comply with the strict guidelines inherent with the CPRA; this measure runs counter to that intent. AB 1479 would cause further delays in processing requests by creating an additional.step in the process whereby every request denial would have to be reviewed by the Supervisor of Record before a final determination from the agency can be issued. City Clerks and City Attorneys already work closely together to review records requests and exemptions and/or denials are, carefully scrutinized. It is always our intent to ensure information remains widely accessible to the public whenever legally possible. Local agencies have seen a significant spike in CPRA request in recent years. This measure fails to take into account that many of these requests are often made from requesters and/or private entities who reside outside of our jurisdictional boundaries. Moreover, these serial filers make incredibly complex data requests which are then repackaged and sold. Due to the increased volume of such requests, many agencies large and small have already had to hire additional staff dedicated solely to review documents in association with CPRA requests. AB 1479 also creates increased litigation for local agencies under the CPRA. A requester can file suit on the day after responsive records are due which could be as early as eleven days after the request if there has been no extension of time. Once a suit is filed, generous attorneys' fees established in current law may still be awarded under the "catalyst" theory even if the agency discloses the requested records after the litigation has commenced. Adding the additional punitive damages awards as high as $5,000 per violation will lead to a litany of satellite litigation given the grounds for punitive damages are so vast. Local agencies already potentially face significant liability exposure each time a request is denied due to the potential award of attorneys' fees. For these reasons, the City of Lodi respectfully opposes AB 1479. Sincerely, /4/ Doug zine Doug Kuehne Mayor, City of Lodi cc: CCAC Legislative Committee / Board of Directors League of California Cities Alison Merrilees, Chief Counsel, Assembly Judiciary Committee Paul Dress, Consultant, Republican Caucus