Last August, the Daily Bruin Editorial Board called on UCLA to comply with the California Public Records Act, a law that gives citizens access to state and local government records.
At the time, UCLA had failed to fulfill dozens of The Bruin’s requests – some of which were outstanding for more than 300 days – despite the CPRA mandating that government agencies provide records in a timely manner.
Almost a year after the publishing of that editorial, little has changed. Many of The Bruin’s requests remain outstanding. UCLA’s public records office won’t take our calls.
Yet despite the failures of UCLA – and other California agencies – to comply with the CPRA, some lawmakers are pushing to give the state more time to respond to requests. Assembly Bill 1821 – which passed the state assembly with almost 70% of the vote May 27 – would alter the CPRA to extend the time state offices have to tell a requester if the records exist from 10 calendar days to 10 business days.
The bill is a setback to government accountability, threatening to codify the lag on public records requests that so many journalists have improperly become accustomed to. The Editorial Board urges the California State Senate and Gov. Gavin Newsom to uphold the commitment they made to protect the rights of their constituents and block the bill.
The California Constitution and the CPRA do not excuse government agencies from responding to public records requests because of mismanagement causing backlogs. If agencies lack the staffing or resources to respond to record requests in a timely manner, it is the responsibility of state and local governments to allocate resources accordingly.
[Related: Editorial: UCLA’s failure to comply with CPRA threatens accountability, erodes public trust]
Public records include most documents generated, used or retained by the government. These records may contain information relating to government conduct and the performance of state or local agencies. Journalists, advocates and researchers use them to hold public officials accountable, preventing the government from using bureaucracy to shield itself from scrutiny.
Documents obtained through CPRA requests have led to some of The Bruin’s most consequential reporting. They’ve allowed our journalists to expose deceit in UCLA admissions processes and police secrecy. Advocacy groups have similarly used CPRA requests to reveal serious government misconduct, such as state police harnessing invasive surveillance technology to monitor racial justice demonstrators following the murder of George Floyd.
Giving UCLA – and other government agencies – more time to complete the first step in the process will only slow journalists and other citizens down in their pursuit of the truth.
Not to mention, California public records laws are already lenient. Nineteen states have laws mandating an initial response time under five days.
Democrat Blanca Pacheco, the author of AB 1821, argues that the bill will help address AI-written requests and eliminate government waste. Other supporters say it will ease the burden put on overwhelmed state agencies.
Pacheco also says the change would not be significant: if the request is filed within a regular week, the bill could add up to four days to the amount of time it takes someone to receive a response. Four days, though, matters in industries reliant on the often-incessant news cycle.
Further, those who hyperfixate on the low number of days the bill would extend response deadlines are at risk of missing the point entirely. The precedent that state legislators would set by enacting a self-serving attempt to weaken the CPRA and shield themselves from accountability is more than enough alone to warrant rebuke.
Attacks on democracy are rarely touted as such. We implore California lawmakers to see Assembly Bill 1821 for what it is and act accordingly.
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