Author decides to strike reverse-CPRA provision from bill

Senator Maria Elena Durazo (D-Los Angeles), who recently amended her SB 749 to add provisions that would create protections for requesters who deal with reverse-public records actions, decided to delete the provisions from the measure before the bill’s first policy committee hearing.

CNPA supported the measure based on the inclusion of the reverse-CPRA protections but the author gave no reason for her decision to strike the provisions from her bill.

The typical reverse-CPRA action occurs when a government agency receives a request involving an employee. The agency then notifies the employee about the request, prompting the employee or his or her bargaining representative to go to court to file for an injunction to prevent the agency from disclosing any information.

The increase in the number of these actions sharpened in January in the wake of CNPA’s successful effort to allow public access to certain police misconduct records. Prior to the new law becoming effective, numerous associations representing rank-and-file law enforcement officers filed petitions in courts throughout California seeking injunctions to prevent the disclosure of these records in the custody of agencies that were in existence prior to Jan. 1.

CNPA will continue to pursue reverse-CPRA reform next year.