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Litigation We’re Watching

Rittiman v. Public Utilities Commission – (Court of Appeal of the State of California, First Appellate District). On June 17, 2022, court ruled Public Utilities Commission’s administrative appeal process imposed on a requestor of public records violated the Public Records Act and stated “The delay that occurrred here was egregious by any measure…” Court held any regulations adopted by an agency for producing public records must be consistent with the Public Records Act – “any such non-statutory, non-jurisdictional remedy must comport with the PRA and ensure the expeditious handling of record requests and timely resolution of disputes over whether records are disclosable.” The court also clarified the scope of the “Governor’s correspondence exemption” in the Public Record Act.

News from Election and Ethics Agencies

Fair Political Practices Commission News – On July 21, the Fair Political Practices Commission will discuss cleanup amendments to Regulation 18960 regarding direct personal benefit, Regulation 18225.7 regarding made at the behehest and independent versus coordinated expenditures, and Regulation 18728.5 regarding reporting of Commission income and incentive compensation.

New Legislation

SB 1352 (pre-election statements) – This bill has been amended to instead require an additional pre-election statement to be filed no later than 70 days before the election, for the period ending 75 days before the election. The portion requiring a candidate to file a report disclosing a contribution of $2,500 or more in the 90 days before an election within 5 business days of receipt was deleted.