California Public Records Act Ombudsperson.

Assembly Member DeMaio proposes establishing the Office of the California Public Records Act Ombudsperson to review denials of public records requests made to state agencies. The office would investigate appeals from members of the public and issue written determinations on whether agencies properly withheld records under existing law.

The Governor would appoint the ombudsperson, who must have at least five years of California legal experience and expertise in public records law. Within 30 days of receiving an appeal, the office would examine the denied request and supporting documentation, then determine if the agency correctly applied exemptions under the California Public Records Act. Agencies found to have improperly withheld records would need to release them, though they could appeal the ombudsperson's decisions to superior court.

The legislation includes provisions for protecting confidential information during reviews and allows individuals whose personal data may be contained in disputed records to intervene to assert privacy rights. The ombudsperson would maintain a public website with copies of written opinions and submit annual reports to the Legislature detailing activities, determinations made, and recommendations for improving transparency. The office would operate through January 1, 2029, contingent on legislative funding, with a required 2028 assessment of whether to expand oversight to local agencies.