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.

Existing law creates the California State Auditor’s Office, which is independent of the executive branch and legislative control, to examine and report annually upon the financial statements prepared by the executive branch. Existing law establishes, within the State Treasury, the State Audit Fund, which is a continuously appropriated fund, for the expenses of the California State Auditor.

This bill would establish, within the California State Auditor’s Office, the California Public Records Act Ombudsman. Ombudsperson. The bill would require the California State Auditor to appoint the ombudsman ombudsperson subject to certain requirements. The bill would require the ombudsman ombudsperson to receive requests for review from members of the public who believe that a state agency improperly denied a public records request made by that member of the public pursuant to the California Public Records Act. 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 ombudsman ombudsperson to create a process to that effect, and would authorize a member of the public to submit a request for review to the ombudsman ombudsperson consistent with that process. The bill would require the ombudsman ombudsperson, within 30 days from receipt of a request for review, to make a determination on a request for review within 30 business days, determination, as provided, and would authorize the ombudsman require the ombudsperson to require the state agency to disclose the provide the public record if the ombudsman ombudsperson determines that it was improperly denied. The bill would authorize the ombudsperson to require any state agency determined to have improperly denied a request to reimburse the ombudsperson for its costs to investigate the request for review. The bill would require the ombudsman ombudsperson to report to the Legislature, on or before January 1, 2021, and annually thereafter, on, among other things, the number of requests for review the ombudsman ombudsperson has received in the prior year. By expanding the duties of the California State Auditor’s Office, this bill would create an appropriation.