Politics & Government

Watchdogs Fire On California Over Brown Act Suspension

"We citizens cannot sit by while local politicians use Sacramento's inability to budget prudently as a license to conduct the people's business behind closed doors."

While that could pave the way for “cloak and dagger” government in California, that hasn’t stopped the watchdogs and lawyers.

Sacramento-based Californians Aware and San Diegans for Open Government are fighting the California State Legislature’s decision to suspend a provision of the Brown Act that requires cities, counties and school districts to publicly post meeting agendas no less than 72 hours before meetings take place.

Californians Aware launched a petition drive Sunday to amend the California constitution to ensure that meeting agendas continue to be offered to the public.

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"Even though the law might not hold public officials accountable for no longer posting agendas or providing adequate descriptions of items on them, angry voters would hold them accountable, and political exposure has always been a far more powerful motivator of Brown Act compliance than legal exposure," stated Californians Aware on its website.

Additionally, Briggs Law Corporation, which has offices in San Diego and Upland, has filed a lawsuit against the state on behalf of San Diegans for Open Government. The suit contends the Budget Act of 2012 signed by Governor Jerry Brown last month “unconstitutionally” suspends the legal requirement that local agencies post their agendas.

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The Brown Act suspension was incorporated into the Budget Act as a way to save money. In California, mandates placed on local jurisdictions by Sacramento must be funded by the state. In the case of the Brown Act mandate, the state was subsidizing nearly $100 million a year by some estimates.

“We citizens cannot sit by while local politicians use Sacramento’s inability to budget prudently as a license to conduct the people’s business behind closed doors,” said SDOG chairman Ian Trowbridge.

According to a news release from Briggs Law Corporation, SDOG intends to seek an injunction declaring the Budget Act of 2012 and the suspension unconstitutional. The suit was filed July 16 in San Diego Superior Court.

Although locally cities say they will continue to post notices, many politicos had been waiting for a position statement from the League of California Cities.

In a carefully worded statement released July 20, the League said it’s committed to open and transparent government but stopped short of making any requests of its cities.

The statement said the League’s board of directors had adopted a resolution “congratulating cities for their continued faithful compliance” with the requirements of the Brown Act.

“It’s our duty as elected officials to ensure that the people have access to the workings of their local government and business being conducted on their behalf,” said League President and Mountain View Mayor Mike Kasperzak. “It’s enshrined in the California State Constitution that the people’s business be conducted in a way that is open.”


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