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Transparency in California Should Not Be Optional - Electronic Frontier Foundation
AB 76 was passed by the legislature Friday evening, unbeknownst to many journalists and open-government advocates attempting to follow the vote....
Senate Bill 71 and AB 76, which could be passed and sent to the governor's offiice on Saturday, would allow government bodies on the local level—such as cities, counties, sheriff’s departments and education systems—to choose whether or not to follow certain requirements under the California Public Records Act. These provisions would be downgraded from law to mere “best practices.” Gone would be the deadlines for determining whether records are disclosable and notifying the member of the public who requested the records. Gone would be the requirement that agencies assist members of the public in identifying which records would answer their questions. Gone would be the mandate that agencies turn over documents in an electronic format if the records have already been digitized.
A local government wouldn’t even have to publicly disclose its records-disclosure policy in writing. The bills only say an agency must “announce orally” once a year if it decides not to follow the new “best practices.”
The impact on government watchdogs, journalists and the public—including EFF—would be profound. The legislation would create long waits for access to records, allow agencies to interpret requests narrowly (say, rejecting requests unless the citizen asks for a specific document), and leave the requesters waiting in limbo indefinitely as government agencies will have no incentive to be helpful.
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California Legislature Guts State Records Law - courthousenews.com
"It's not about saving money - it's all about curtailing an open, transparent government that can be held accountable," Yee told the San Jose Mercury News. "The only way we're held accountable is when the public has the information to understand what were doing."
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EDITORIAL: Tell Brown to veto attack on Public Records Act - The Fresno Bee
The unbridled arrogance of government is on full display, here in California and across our great land. In the name of security and the war on terror, the federal government is prying ever deeper into the lives of law-abiding Americans, eroding civil liberties and owning up to the deeds only after a whistle-blower calls them to the public's attention.
Meanwhile, in California, a Legislature controlled by a Democrat supermajority and in concert with Gov. Jerry Brown, wants citizens to know as little as possible about the workings of local government.
On Friday, lawmakers approved a pair of budget trailer bills (SB 71 and AB 76) that would free local governments of the obligation to comply with certain aspects of the California Public Records Act. The bills zipped through the Legislature with little or no committee review. Lawmakers clearly wanted to rubber stamp potentially embarrassing legislation under cover from prying eyes.
This is just the latest assault on sunshine. Last year, to avoid paying reimbursements, lawmakers and the governor suspended notice mandates for public meetings. This year, lawmakers considered imposing a $10-per-file fee on the public to look at court records. Fortunately, a conference committee killed that bill.
Public pressure can make a difference again. Urge the governor to reject SB 71 and AB 76 by contacting him at: ◼
http://govnews.ca.gov/gov39mail/mail.php
