Could Public Records Act be made more useful?
The state's voters bolstered the PRA in 2004 by passing a constitutional amendment placed on the ballot by the Legislature.
Having a law on the books, even one with constitutional backing, is one thing; making state and local officials comply with it can often be difficult as journalists, the law's most active users, can attest.
While some agencies and local governments comply readily with PRA requests, others use a variety of techniques to avoid compliance. They will string out responses, demand more specificity on what is being sought, try to charge exorbitant fees for copying documents and sometimes just stonewall, forcing those seeking information to file lawsuits.
A recent judicial ruling in
Consumer Watchdog, an organization that often intervenes in regulatory issues, has been fighting a running battle with Insurance Commissioner
In 2020, the organization sued Lara's office seeking communications pertaining to news media reports that Lara or his underlings had met with lobbyists for a company seeking permission to change ownership. It alleged that the
The suit demanded records pertaining to "any individuals employed by or representing" Allied Underwriters, a worker's compensation insurer. At one point, Consumer Watchdog submitted a sworn declaration by former Assemblyman
The department responded that it was unreasonable to ask for records of a broad nature and insisted that it had released all of the records it could identify as pertinent.
The case eventually wound up before
"The court's ruling will likely embolden government officials to shield government records from the public view and raises serious questions about the state's Public Records Act that may need to be addressed by the Legislature or at the ballot box," said
There's more than a little irony attached to the organization's self-portrayal as an advocate of transparency. Through decades of intervening in regulatory cases, both at the
One cannot discern whether Consumer Watchdog or Lara holds the moral high ground in their running feud. However, the case underscores how unwieldy the Public Records Act can be when an agency chooses to fight, rather than comply with, PRA requests.
Governmental entities have an unlimited ability to fight legal battles with their platoons of taxpayer-financed attorneys, while those seeking information must hire their own legal talent.
It raises a question: Is there a better way to handle disputes over PRA requests?
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