Transparency rule waiver sought by cities

Everything from environmental laws to public records laws under scrutiny as cities respond to coronavirus.

SAN FRANCISCO » Citing unprecedented challenges created by the coronavirus pandemic, city officials across California are asking Gov. Gavin Newsom to suspend or delay numerous state laws, saying they’re unable to comply with everything from environmental regulations to public records laws that give people a window into how the government is spending public money.

Noting that city resources and personnel are stretched thin responding to the pandemic, the executive director of the League of California Cities asked Newsom last week to “take immediate action to pause certain statutory requirements.”

The league that represents nearly 500 cities is seeking to delay the state’s constitutionally mandated California Public Records Act, which requires transparency in government decision-making and spending. The law requires public agencies to respond to requests for information within 10 days, though many routinely take advantage of legally allowed extensions.

Spokeswoman Kayla Woods said the group is not seeking to suspend all public records requests, but wants “flexibility to cities if their ability to respond to certain PRA requests is limited due to decreased staffing or closure of city facilities.” She said the delay would be limited to records requests “other than those created during, and relating to, the COVID-19 crisis.”

“Cities have varying levels of staffing and resources, and are focusing nearly all of their efforts on responding to this public health crisis,” Woods said in an email to The Associated Press.

The danger with suspending such laws, even partially or temporarily, “is that the public won’t know and won’t have ability to oversee financial improprieties, public employee wrongdoing, fraud — myriad important aspects of the government will not be able to be seen by the public if the public doesn’t have access to public records,” said Duffy Carolan, a San Francisco attorney who represents media outlets.

The league’s request comes as governments worldwide are spending billions, often through contracts with private companies, to build emergency hospitals, acquire hotel rooms and buy muchneeded personal protective equipment. In California alone, the Legislature approved $1 billion in emergency spending that will filter out to local governments.