SUPPORT
Proposition 59--Public Records, Open Meetings
Legislative Constitutional Amendment

This measure adds to the State Constitution the requirement that meetings of public bodies and writings of public officials and agencies be open to public scrutiny. The measure also requires that statutes or other types of governmental decisions, including those already in effect, be broadly interpreted to further the people's right to access government information. The measure, however, still exempts some information from disclosure, such as law enforcement records. Under the measure, future governmental actions that limit the right of access would have to demonstrate the need for that restriction.

The measure does not directly require any specific information to be made available to the public. It does, however, create a constitutional right for the public to access government information. As a result, a government entity would have to demonstrate to a somewhat greater extent than under current law why information requested by the public should be kept private. Over time, this change could result in additional government documents being available to the public.

The State Constitution generally does not address the public's access to government information. California, however, has a number of state statutes that provide for the public's access to government information, including documents and meetings.

Access to Government Documents. There are two basic laws that provide for the public's access to government documents:

• The California Public Records Act establishes the right of every person to inspect and obtain copies of state and local government documents. The act requires state and local agencies to establish written guidelines for public access to documents and to post these guidelines at their offices.
• The Legislative Open Records Act provides that the public may inspect legislative records. The act also requires legislative committees to maintain documents related to the history of legislation.

Access to Government Meetings. There are several laws that provide for the public's access to government meetings:

• The Ralph M. Brown Act governs meetings of legislative bodies of local agencies. The act requires local legislative bodies to provide public notice of agenda items and to hold meetings in an open forum.
• The Bagley-Keene Open Meeting Act requires that meetings of state bodies be conducted openly and that documents related to a subject of discussion at a public meeting be made available for inspection.
• The Grunsky-Burton Open Meeting Act requires that meetings of the Legislature be open to the public and that all persons be allowed to attend the meetings.

Some Information Exempt From Disclosure. While these laws provide for public access to a significant amount of information, they also allow some information to be kept private. Many of the exclusions are provided in the interest of protecting the privacy of members of the public. For instance, medical testing records are exempt from disclosure. Other exemptions are provided for legal and confidential matters. For instance, governments are allowed to hold closed meetings when considering personnel matters or conferring with legal counsel.

The LWV California has supported efforts to place this California "Sunshine Amendment" on the ballot during the last two legislative sessions. During that time the author, Senate President pro Tempore John Burton, and sponsors (California First Amendment Coalition and California Newspaper Publishers Association) worked with potential opponents to address concerns for protection of law enforcement investigations, proprietary information disclosed to government agencies for regulatory purposes, and privacy rights. These negotiations led to widespread support and passage of SCA 1 (Resolution Chapter 1, Statutes of 2004) in early 2004, placing Proposition 59 before the voters.

LWVUS position on the Citizen's Right to Know: "The League . . . believes that governmental bodies must protect the citizen's right to know by giving adequate notice of proposed actions, holding open meetings and making public records accessible."

LWVC position on Intergovernmental Relationships: "Active participation by the public in state and local government, which entails the right and responsibility to be informed, to be heard, and to be involved not only in, but beyond elections; and which requires that officials make decisions openly and that they provide broadly publicized, convenient opportunities for participation by the public in the process."

IMPORTANT POINTS

• Prop. 59 makes government accountable. Citizens must know what the government is doing and how decisions are made in order to make the government work for us.
• Prop. 59 gives Californians a new civil right by putting into the state constitution the requirement that government hold open meetings and make public records accessible.
• California's current open government laws--such as the California Public Records Act, the Ralph M. Brown Act, and the Bagley-Keene Open Meetings Act--have been weakened, in some cases to the point of near impotency, by a myriad of court decisions, broad administrative interpretations, and "follow-up" legislation. Prop. 59 puts the right to open government into the constitution, safeguarding these laws from actions that weaken them.
• Prop. 59 protects personal privacy and will allow reasonable exceptions to the open government provisions of the constitution, if they are in the public interest.
• Citizens should not have to prove to government officials why they should have access to "public" records and procedures. Prop. 59 shifts this burden, requiring government officials to prove their need for secrecy.

RESOURCES

Marion Taylor, LWVC Legislation Director, mtayl0r@sbcglobal.net

Jacqueline Jacobberger, LWVC President

Coalition for Open Government, www.yesonprop59.org

GET INVOLVED

Note: Please adapt this sample letter to the editor to your own community, perhaps adding local examples of the need for Prop. 59. Check your local paper's word limit for published letters.

Editor:

Proposition 59 gives the public and the press access to government information, while at the same time preserving Californian's rights to privacy.

Everyone needs to know what government is doing. Why was a building permit granted, or denied? Who is the Governor considering for appointment to a vacancy on the County Board of Supervisors? Why was the superintendent of the school district fired, and who is being considered as a replacement? Who did the City Council talk to before awarding a no-bid contract?

I believe that governmental bodies must protect the citizen's right to know by giving adequate notice of proposed actions, holding open meetings, and making public records accessible.

California's open government laws have been eroded by special interest legislation, by courts putting the burden on the public to justify disclosure, and by government officials who want to avoid scrutiny and keep secrets.

Proposition 59 puts open government into the state constitution. It will make transparency a constitutional duty owed to the people to whom officials are accountable.

Vote YES on Prop. 59 to make open government a constitutional right.

Sincerely,

(your name)

For more information on this proposition, go to Smart Voter's coverage.