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Assembly Member Rob Bonta
State Capitol, Room 2148
Sacramento. CA 95814
June 2, 2017
RE: Notice of Opposition: AB 1479 (Bonta). Public Records: Supervisor of Records: Fines (as amended
03/21/17)
Dear Assembly Member Bonta,
The City of San Luis Obispo must respectfully oppose Assembly Bill (AB) 1479. which would place 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.
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. Already, in
the year 2017, the City of San Luis Obispo has had a 64% increase in Public Records Requests as compared to
averages from 2014, 2015 and 2016.
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. The
counterproductive result of this measure will be the diversion of scarce public resources from the important
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work of public service and transparency to the wasteful and fruitless endeavor of opportunistic litigation.
For these reasons, the City of San Luis Obispo respectfully opposes AB 1479.
Sincerely,
Heidi Harmon
Mayor
City of San Luis Obispo
CC: Alison Merrilees, Chief Counsel, Assembly Judiciary Committee, Paul Dress, Consultant, Republican
Caucus , Assembly Member Rob Bonta, Assembly Member Jordan Cunningham, Senator Bill Monning