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AB 541 would create a public‑records ombudsperson to review denials; author agrees to clarify fee/attorney‑fee protections
Summary
AB 541 would create an ombudsperson (proposed in the state auditor’s office) to review denials under the California Public Records Act and advise requesters and agencies; sponsor said the role would improve compliance and public trust, and the author agreed to clarify that agency appeals should not be used to seek attorney fees from requesters.
Assemblymember DeMaio presented AB 541 as a bipartisan effort to strengthen implementation of the California Public Records Act (CPRA) by establishing an ombudsperson to review agency denials of records requests and help resolve disputes without immediate litigation.
DeMaio told the committee the ombudsperson model exists in 26 other states and would provide a neutral second review to improve compliance and public confidence where agencies deny CPRA requests. He said the office would help agencies learn from denied requests and allow the Legislature to consider improvements based on ombuds findings.
Committee members asked whether the bill could be used to impose costs on requesters; DeMaio said he would accept a clarifying amendment to make explicit that an agency appeal of an ombuds finding could not be used to recover attorney’s fees or costs from a requester. Members discussed housing the ombudsperson in the state auditor’s office to preserve neutrality, and the author said he would work to refine the language and to ensure protections for low‑resource requesters.
The committee advanced AB 541 to appropriations; the transcript records a roll‑call and the committee’s referral.
