Tag Archives: open meetings

Keep the sunshine on California government

Since taking office, Governor Jerry Brown has been working bravely to knock down California’s dangerous deficit. He’s looking high and low for new funds – from reducing the number of state paid cell phones by half, halting new agency car purchases and by issuing a statewide hiring freeze that could save $363 million.

Gov. Brown isn’t just looking to cut out waste in government. He is also looking to continue collecting vital revenue by extending the Schwarzenegger era tax increases.

In fact, Governor Brown has been just about spot on. But even Jerry Brown can make mistakes – and he will make a big one if he follows through on his proposal to cut the state funds used to support California’s excellent open meeting laws.

In order to clean up California’s fiscal mess, our government is going to have to make some more tough decisions in the months and years ahead. Very important services are going to be cut. And taxes are almost certain to be raised.

Winning public support for these tough choices relies on making sure Californians understand how these choices were made. And thanks to our open meeting laws, we know that the public’s business is conducted in pubic.

But this week Governor Brown has put one of the foundations of a better government on the chopping block. He is seeking to cut several unfunded state mandates including ones that deal with providing notices to the public regarding open meetings of local bodies. Since the passage of the Brown Act in 1953, Californians have been guaranteed the right to attend and partake in public meetings. Cutting this funding will put the law in “legal limbo.”

While it is tempting to look at across the board cuts in times of budget crises, keeping our local governments open, transparent and responsible to the people remains paramount to a successful democracy. That’s why these cuts that are threatening our open meeting laws should be permanently off the table.

An open government is something that we all should demand, if not expect. We need only to look at the scandal in the City of Bell to understand how important the Brown Act – and public awareness – is to an effective and ethical government. The lack of transparency in Bell allowed city leaders to take about $5.5 million from the city. We must learn from the Bell example and make local governments even more open – not less.

When voters passed Proposition 59 in 2004, our Constitution changed for the better. Prop 59 mandated that meetings and records of local governments and officials be accessible to the general public. For that to happen, local governments are required to – among other things – print notices and agendas for upcoming meetings. The state is then required to reimburse them, to the tune of $16.6 million for 2008-2009.

Technically, the funding that went towards reimbursing local governments for photocopying and posting notices and agendas for public meetings was suspended by the legislature in last year’s budget. But Governor Brown is seeking to keep it suspended for the next fiscal year.

But at what cost?

According to the California League of Cities, no city has yet used the loophole of suspended funding to stop following the law. But that could change anytime.

Because of laws like the Brown Act and Proposition 59, California has truly been able to say that we have an open state government that encourages civic participation. This is a cornerstone of who we are as Californians. We understand that cuts must be made, but for the benefit of our state – and our democracy – let’s keep the meetings open and the sun shining in.

Phil Ting is Assessor Recorder of San Francisco. He is working on a state level to organize support for a split-roll tax system. On a local level, he is a candidate for Mayor of San Francisco looking to find ways to promote greater public participation and User-Generated Government.

Growing Anger Over The Cone Of Silence

Yesterday I noted the insanity of the Big Five process, which subverts representative democracy and good government.

The Big Five process is absurd.  There are ways to decrease the influence of special interests, the biggest being full public financing of all elections.  The best practice is NOT to hide from them so that the legislative process is like a team of burglars trying to rob a jewelry store without being detected.  And the less people involved in any negotiation, the more possibility for eventual corruption through backroom dealing.

Others have piled on.  Greg Lucas has penned an open letter to the budget negotiators, all five of them.

Do none of you find it troubling that the decisions you are making regarding the spending of hundreds of billions of dollars are largely made in private and then announced deus ex machina to us, the public, whose money it is you are allocating.

Seems like there should be some public hearings on what’s happening to the public’s money. There used to be hearings like that. Of course, there used to be conference committees and compromise too […]

Better choices might be found if  some testimony were taken from the 1 million or so aged, blind and disabled poor who not only will not receive a cost of living increase this year but will see their checks rolled back to 2008 levels in order to save $177 million this year and $500 million the next […]

Sure, it’s a representative government and you’re supposed to represent us but most of you were around last year when a record for tardiness was set for passing an alleged budget that was both irresponsible and out of balance in 15, maybe 16, seconds. So, with respect, looks like you can use some help.

Finally, while the Legislature is not subject to the Bagley-Keene Open Meetings Act – a drafting error, no doubt – at a minimum some sunlight should be shone on the most important public policy act the state takes: putting together its annual spending plan.

And Jean Ross at the California Budget Project laments what she dubs the cone of silence.

Secrecy in budget negotiations is nothing new. However, the level of secrecy around budget negotiations that reached a new high last summer has been far surpassed by the lack of information in the current negotiations. While rumors fly daily – often several times a day – as to when a vote on a budget deal may occur, these rumors are neither confirmed nor denied by those truly in the know.

The one safe bet seems to be that there will be no public hearings and no opportunity for public input on major decisions that will shape California for years, if not decades, to come. The taxes and spending cuts that are likely to be included will no doubt be drawn from some combination of the Governor’s proposals and plans supported by Legislative Democrats in late 2008.  However, there are increasing signs that additional measures, such as a “hard” spending cap and sizeable tax cuts for the state’s largest corporations, may also be part of the package. The cone of silence has been particularly airtight with respect to “add ons” such as these. No details have been made available to rank and file lawmakers or the public that would enable a critical assessment of the impact they might have on current and future budgets.

This is just not a way to run a government that purports to be a democracy and not an oligrachy.  It’s our money.  Open the doors.