Tag Archives: AB1819

Essential Public Records Act Improvement AB1819 Signed By Governor Gavin Newsom Yesterday — Requires Agencies To Allow Requesters To Photograph Records — And Probably To Copy Electronic Records To A USB Drive — Freaking Take That, Government Bad Actors — Like California Alcoholic Beverage Control — And Los Angeles City General Services Division — And Pretty Much Every Business Improvement District Repped By Soon To Be Disbarred If There Is Any Justice Attorney Carol Humiston

Governor Gavin Newsom recently signed AB1819 into law. This bill will require agencies subject to the California Public Records Act to allow requesters to photograph records at no charge during inspection. Although it originally would have required agencies to allow the use of portable scanners, a late amendment only requires the use of copying equipment which does not touch the record.

The law also allows agencies to forbid the use of equipment which “would result in … [u]nauthorized access to the agency’s computer systems or secured networks by using software, equipment, or any other technology capable of accessing, altering, or compromising the agency’s electronic records.” On the one hand there’s no reason to include a clause like this unless the law is meant to apply to electronic records as well as physical records. This interpretation is bolstered by the fact that an early amendment limited the law’s application to “physical records” but then that was removed in later versions.

But there will be a lot of resistance to allowing requesters to make electronic copies and it will probably take litigation to sort this out. In any case, reaction to this law seems to be divided between people who see the value immediately and others who cannot imagine that agencies would forbid people to take pictures of things with their phone. But they will. And do. So I thought I’d close out this announcement with a couple of stories about it.
Continue reading Essential Public Records Act Improvement AB1819 Signed By Governor Gavin Newsom Yesterday — Requires Agencies To Allow Requesters To Photograph Records — And Probably To Copy Electronic Records To A USB Drive — Freaking Take That, Government Bad Actors — Like California Alcoholic Beverage Control — And Los Angeles City General Services Division — And Pretty Much Every Business Improvement District Repped By Soon To Be Disbarred If There Is Any Justice Attorney Carol Humiston

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AB1819 Passes Assembly — Now On To Senate — A Tiny But Essential Improvement To The California Public Records Act — Will Require Agencies To Allow Requesters To Copy Records At No Charge — Using Their Own Equipment — Includes Electronic Files — Take That, Department Of Alcoholic Freaking Beverage Control!

Assembly Bill 1819, which would require agencies to allow requesters to copy records using their own equipment at no charge, was unanimously passed by the Assembly yesterday and now it’s on to the Senate. As I wrote in March when the bill was introduced, most agencies already do this for paper records, although there are some which, in their frenzied desire to obstruct oversight by the very citizens they were created to serve, do not.

Most notable among these in my experience is the Department of Alcoholic Beverage Control which, in addition to being plagued by unchecked corruption, is also imbued with the kind of paranoiac institutional culture that enables heavily armed power junkies like Special Agent In Charge Gerry Sanchez of the Los Angeles Metro Office to feed their need to control by forbidding requesters to take photographs of records during the inspection process.

As amended the bill will also require local agencies to allow copying of electronic records using the requester’s own equipment unless to do so “would result in…[u]nauthorized access to the agency’s computer systems or secured networks by using software or any other technology capable of accessing, altering, or compromising the agency’s electronic records.”

This clause is much more consequential for my own work, as many, many, many business improvement districts, mostly under the baleful influence of Carol Humiston, the world’s angriest CPRA attorney, refuse to allow me to copy electronic records during inspection unless I pay them outrageous fees for expensive storage media.

Humiston designed this policy explicitly to impede access to records by driving up the costs, an illegal plan for which she is presently under investigation by the State Bar. Her BIDdies certainly can’t argue convincingly that use of the requester’s own equipment, e.g. a USB drive, WOULD result in compromised security (as opposed to MIGHT so result in some feverishly imagined world) this bill will likely put an end to Humiston’s illegal nonsense.

And interestingly this bill has drawn no significant opposition, not even from the California Downtown Association or other assorted BID fronts that habitually oppose even the mildest and most unobjectionable improvements in the Public Records Act.1 E.g. this year Todd Gloria’s AB 1184, which merely clarifies that existing state records retention law applies to emails.

Anyway, passing the Assembly unanimously is a good sign, and fingers crossed for the Senate. You’ll find no pre-hatch chicken counting around here, though. We saw in 2017 how determined coalitions of well-funded shadow-dwelling BIDdies can sink even very well-supported bills in the reconciliation process long after they’ve passed one house or another. Turn the page for a transcription of selections from the Assembly floor analysis of the bill.
Continue reading AB1819 Passes Assembly — Now On To Senate — A Tiny But Essential Improvement To The California Public Records Act — Will Require Agencies To Allow Requesters To Copy Records At No Charge — Using Their Own Equipment — Includes Electronic Files — Take That, Department Of Alcoholic Freaking Beverage Control!

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Yesterday — March 6, 2019 — The Assembly Committee On The Judiciary Introduced AB-1819 — Would Require Agencies Subject To The California Public Records Act To Allow Requesters To Copy Records With Their Own Equipment At No Charge — Mostly Agencies Already Allow This But Some Incredibly Obstinate Obstructionists Do Not — Looking At You, Alcoholic Beverage Control — Hence This Law Is — Sadly — Incredibly Necessary

The California Public Records Act presently requires agencies to allow anyone to “inspect” records at no charge.1 This is an incredibly important right, tempered only slightly by the fact that the law also allows agencies to charge people for copies of the records.2 The ability to charge is used by too many agencies as a way to discourage free inspection, and one way that they do this is to forbid people from making their own copies with their own equipment.

This has been an issue in California for decades,3 but it’s become much more prominent with the widespread use of phones and extremely portable document scanners. These days pretty much every member of the public already owns photographic equipment capable of making sufficiently high quality reproductions of paper records. So not only is it extremely disconcerting when an agency forbids photography of records, but the refusal affects many more people than it might have in the past.

Just for instance, probably in response to the paranoid psychosis of Special Agent in Charge Gerry Sanchez, the California Department of Alcoholic Beverage Control has recently begun to forbid me from photographing records, justifying their obvious obstruction with various nonsensically unsupportable claims about security and cell phones. So what a pleasant surprise to learn yesterday of the introduction in the Assembly of AB-1819, which would amend the CPRA to state explicitly that agencies must allow people to make their own copies at no charge.

The bill was introduced by the entire Assembly Committee on the Judiciary, so I imagine that that means it has pretty widespread support. Even the three Republican members of the Committee are listed among the sponsors. And it’s hard to imagine what legitimate reasons there might be for opposing this. But it never hurts to speak up, so consider getting in touch with your representatives and supporting this essential bill. And turn the page for a red-line version showing the proposed changes.
Continue reading Yesterday — March 6, 2019 — The Assembly Committee On The Judiciary Introduced AB-1819 — Would Require Agencies Subject To The California Public Records Act To Allow Requesters To Copy Records With Their Own Equipment At No Charge — Mostly Agencies Already Allow This But Some Incredibly Obstinate Obstructionists Do Not — Looking At You, Alcoholic Beverage Control — Hence This Law Is — Sadly — Incredibly Necessary

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