California Public Records Act Ombudsperson.

Plain English Breakdown

The exact requirements for appointing the ombudsperson are not specified in the provided official source material.

California Public Records Act Ombudsperson

This law establishes an Office of the California Public Records Act Ombudsperson to review and determine if denials of public records requests comply with the law, until January 1, 2029.

What This Bill Does

• Establishes the Office of the California Public Records Act Ombudsperson until January 1, 2029.
• The Governor appoints the ombudsperson based on certain requirements.
• The Ombudsperson investigates requests for review and determines if denials of original public records requests comply with the law.
• If a denial is found to be improper, the Ombudsperson can require the state agency to provide the record within 30 days.

Who It Names or Affects

• People who submit requests for review under the Public Records Act.
• State and local agencies that receive public records requests.

Terms To Know

Ombudsperson

A person whose job is to listen to complaints, look into problems, and help find fair solutions for people who feel they are being treated unfairly by an organization or government agency.

Public Records Act

A law that requires state and local agencies to make their records available for public inspection unless there is a good reason not to.

Limits and Unknowns

• The Ombudsperson's job will end on January 1, 2029.
• This bill needs government funding to be implemented properly.

Official Summary Text

AB 541, as amended, DeMaio.
California Public Records Act Ombudsperson.
Existing law, the California Public Records Act, requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. The act declares that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state.
This bill would, until January 1, 2029, and subject to appropriation, establish the Office of the California Public Records Act Ombudsperson. The bill would require the Governor to appoint the ombudsperson subject to certain requirements. The bill would require the ombudsperson to receive and investigate requests for review, as defined, determine whether the denials of original requests, as defined, complied with the California Public Records Act, and issue written opinions of its determination, as
provided. The bill would require the ombudsperson to create a process to that effect, and would authorize a member of the public to submit a request for review to the ombudsperson consistent with that process. The bill would require the ombudsperson, within 30 days from receipt of a request for review, to make a determination, as provided, and would require the state agency to provide the public record if the ombudsperson determines that it was improperly denied. The bill would require the ombudsperson to create a process through which a person whose information is contained in a record being reviewed may intervene to assert their privacy and confidentiality rights, and would otherwise require the ombudsperson to maintain the privacy and confidentiality of records, as provided. The bill would require the ombudsperson to report to the Legislature, on or before March 31, 2027, and annually thereafter, on, among other things, the number of requests for review the ombudsperson has received in the prior
year.

Current Bill Text

Download Bill PDF