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Governor Newsom signed two pieces of legislation amending the California Public Records Act – AB 370 and AB 343. These amendments add to the list of unusual circumstances that allow an extension of time to respond to a public records request and add additional offices to the Public Safety Officials Home Protection Act.
AB 370 – Amended Government Code section 7922.535, unusual circumstances
Government Code section 7922.535 requires public agencies to determine within 10 days of receiving a public records request if they have disclosable records in their possession, and to reply to the requestor with the determination and the reasons for the determination. Agencies are also required to provide an estimated date and time when the records will be made available. In certain situations, public agencies may request an additional 14 days for that initial response. These unusual circumstances include the need to search for, collect, and appropriately examine records during a state of emergency proclaimed by the Governor in the jurisdiction where the agency is located, when the state of emergency currently affects the agency's ability to timely respond to requests due to staffing shortages or closure of facilities where the requested records are located. AB 370 modifies this unusual circumstance by adding the requirement that the state of emergency must "directly" affect the agency's ability to timely respond and not just "currently" affect the agency's ability to respond.
AB 370 also provides an additional cause for requesting an extension, when records are unavailable due to a cyberattack. The agency must be unable to access its electronic servers or systems to search for and obtain a record or records that the agency believes is responsive to a request and is maintained only on the affected servers or systems in an electronic format. If the record is maintained in a nonelectronic format or is in a location other than that affected by the cyberattack, there is no relief. The extension is available only until the public agency is able to regain its ability to access its electronic servers or systems and search for and obtain the responsive records.
AB 343 – Amended Government Code section 7920.500, definition of elected or appointed official
The California Public Records Act provides that a public agency, in addition to maintaining public records for public inspection during office hours, can meet its obligations for open records by posting any public record on its internet website. Additionally, public agencies may post any response to a request for public records on their website, directing members of the public to the location. Current law prohibits knowingly posting the home address, telephone number, or both the name and assessor parcel number associated with the home address of any elected or appointed official. This privacy extends to the official's residing spouse or child. Government Code section 7920.500 provides the list of elected or appointed officials covered by this exemption.
AB 343 expands that list to include a retired judge or court commissioner, an active or retired judge of the State Bar Court, a retired federal judge or federal defender, a retired judge of a federally recognized Indian tribe, and an appointee of a court to serve as children's counsel in a family or dependency proceeding.
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