The appeals court ruling could bring more accountability to the powerful agency, which has faced criticism for excessive secrecy.
But the court roundly rejected the agency’s argument, holding that the procedures set forth in the utilities code “do not apply to the PRA,” or Public Records Act.
“The decision is a real win for transparency,” said Snyder, whose organization joined with the Associated Press and the Center for Investigative Reporting in supporting the lawsuit. They had filed a brief in the case that said the commission has a history of “unlawful delays” in responding to requests.
“No one should have to wait, as did my clients, for months and months to be able to ask a court to review that agency’s decision to deny records access,” he said in a statement.On Nov. 19, 2020, Rittiman requested copies of communications between Marybel Batjer, president of the commission at the time, and Gov. Gavin Newsom’s office concerning the Camp fire. The Butte County blaze destroyed 18,000 structures and killed at least 85 people.
The commission has long maintained that those requesting records could not sue it for failing to comply with the PRA until they underwent two internal administrative appeals of their claim. As its legal basis, the agency cited the 100-year-old law intended to prevent abusive litigation by railroad interests.
Voters reinforced the law in 2004 when they overwhelmingly passed Proposition 59, which embedded similar words in the state Constitution.
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