CalAware Today

Thumbs up for Marin's Brown Act Training Video

Marin County has created an artful video briefing on the highlights of the Brown Act for training its various advisory boards and commissions.  While one or two of the minor points made may be subject to question, the presentation is on the whole a refreshing alternative to powerpoint or handout approaches to making citizen volunteers aware of the open meeting law. Notable also is a closing statement by the district attorney showing concern for Brown Act compliance.

Greater Elections Transparency Due January 1

Secretary of State Debra Bowen has announced that two new bills she sponsored— to make details of voting equipment flaws and more campaign disclosure filings available online—will take effect January 1.

Judge: City Can Privatize Public Library Service

A judge has ruled that nothing in the California Public Records Act prevents a city from contracting with a private firm to administer its public library—even if it means giving the contractor access to patrons' confidential borrowing records.

State's Lawmakers: Do As We Say, Not As We Do

The California Legislature is among those of a half-dozen states that exempt themselves from the  tough transparency rules they impose on the executive branch and local government.

Health Care Reform Includes Data for Consumers

Who knew "Obamacare" had some sunshine provisions to help people make informed decisions about where and how to spend their health care dollars—x-raying hospitals and other providers to permit comparisons of not only prices but readmissions, infections and doctors' and nurses' performance?

Editorial: Open up Juvenile Dependency Courts

The Los Angeles Times, in a lead Sunday editorial, has called for the opening of juvenile court dependency hearings, where decisions are made as to who is appropriate to provide parental care for a neglected or abused child. A champion for fathers' custodial rights promptly seconded the motion.

CalAware: Meeting Speakers Needn't Provide ID

A local transportation authority board is revisiting its requirement that citizens who address it at meetings must fill out cards with their names and contact information, after CalAware criticized the rule as a Brown Act violation.

A National Security Veteran Dispels 'Wikimyths'

From the statement of Thomas Blanton, Director of the National Security Archives, George Washington University, at yesterday's hearing of the House Judiciary Committee on " The Espionage Act and the Legal and Constitutional Implications of Wikileaks:"

Council Meeting Nazi Salute Case Given New Life

In a decision by the U.S. Ninth Circuit Court of Appeals, a Santa Cruz city council gadfly has won another chance to that show his fleeting, wordless Nazi salute was not disruptive to a council meeting, and that his ouster therefore violated his First Amendment rights.

Judge Won't Issue Gag in Mall Arson Prosecution

A judge has refused to issue a gag order sought by a district attorney because he could find no threat to a fair trial for an accused shopping mall arsonist; the DA's request for the order had led city officials to hold off releasing their postmortem on the response of police and firefighters to the blaze—a report now due for release shortly.

CalAware's McKee Demands Lower Copy Fee

A quarter a page is not an unusual sum set by California public agencies as a charge for making copies of public records requested by the public; quite the contrary.  But CalAware's Richard McKee is demanding that local agencies justify that nice round number in terms of their own actual costs.

CalAware's McKee Faults Upland Closed Session

The Brown Act may allow a city council to evaluate the performance of its contract city attorney in closed session, but it doesn't permit the council to go behind closed doors on its own to discuss disputed billings by the attorney, says CalAware's Richard McKee.

D.A. Wants City Gagged on Arson Fire Response

Why would a city's report on the performance of its police and firefighters in responding to an arson fire in a shopping mall—one that went from a modest blaze to a huge one when the building's sprinklers were turned off—be so damaging to the suspect's fair trial rights that city officials and employees must be gagged?

Threats against, Attacks on Wikileaks Condemned

What do Congressman Ron Paul (R-Texas), Viggo Mortensen, and Noam Chomsky have in common? They and more than 2500 others (as of 10 PM PDT tonight) have gone public in opposing the U.S. Government's condemnation and efforts to sabotage Wikileaks. Paul's objections are reported here; the others' names are on the open online petition here.

Berkeley Sunshine Ordinance Set for 2012 Ballot

After 10 years of discussion and 24 drafts, the residents of Berkeley will finally be able to vote on a proposed new transparency magna carta. Tonight the city council was scheduled to vote to place the “Berkeley Sunshine Ordinance,” a citizens’ proposal to make Berkeleycity government more open, on the November 2012 ballot.

Officials' Cell Calls, Texting at Meetings Faulted

By Anne Lowe

Cellphone and texting device use by members of local government bodies during public meetings could possibly violate the Brown Act, the Voice of OC reports.

Newspaper Has New Online Court Salaries List

By Anne Lowe

The Bay Area News Group has posted 2009 salary information for all judges and thousands of courtroom employees in the state. But foot-dragging by nine counties' courts, including Los Angeles, suggests that many judges are unhappy with the new transparency rules imposed on them from above last year by the California Judicial Council.

NEWS ROUNDUP December 13, 2010

Recent CalAware litigation threats lead to open government corrective actions around the state:

• Oak Valley Hospital District, Oakdale
• Feather River Recreation and Park District, Oroville
• City of La Puente
• City of Irvine

Protected law enforcement, judicial, elected officials dodge highway, bridge tolls with impunity.

Mayor who quietly lobbied peers for their appointment votes resigns under Brown Act spotlight.

Council member denied peers' votes for mayor suspects lobbying violating Brown Act.

Council uses closed session to decide to raze handball courts as public safety risk.

Council majority participates in whisper huddles during "open" meeting.

How California showed open government can save states serious money.

Alameda task force unveils proposed sunshine ordinance      ; what the text says.

What the most recent Wikileaks dump of cables says about Californians.

CalAware Sues District on Records Copy Charges

Californians Aware (CalAware) filed a lawsuit in Contra Costa County Superior Court today, seeking an order prohibiting the Contra Costa Community College District from continuing its violation of the California Public Records Act (CPRA) by charging a fee for copies of district records that is well above the “direct cost of duplication,” the maximum fee the CPRA allows.

State Uses Press Veterans' Investigative Talents

By Anne Lowe

Newspapers have been hard-hit by technological advances and an uncertain economy. What happens to the journalists—many who are seasoned veterans—when the jobs disappear? For some it means continuing investigative digging and reporting—on the government payroll.

Alameda D.A. Suppressing Police Shooting Reports

By Anne Lowe

A Public Records Act request for district attorney’s reports on all officer-involved shootings in Alameda County was denied by District Attorney Nancy O’Malley last month, closing the door on access to this once-public document.

CalAware Warns of Brown Act Strict Enforcement

Californians Aware (CalAware) has advised the state associations representing most local government agencies that their members may be subject to short-notice lawsuits for some common violations of the open meeting law.

La Puente Council Accused of Brown Act Breaches

By Anne Lowe

The La Puente City Council has received a demand for corrective action from Californians Aware Vice President Richard McKee in connection with a closed session described as concerning "pending litigation" in which council members voted on two items.

American Canyon Mayor Gags ‘Personal Attack’

By Anne Lowe

American Canyon City Council's frequent critic, Marianne Young, says she may pursue legal options after her comments to the council were cut off at a recent meeting.

Transparency Lacking in State's Stem Cell Agency

By Anne Lowe

A taxpayer-funded agency responsible for the operation of a $6 billion venture into stem cell technology leaves much to be desired in terms of openness and accountability, according to its principal watchdog blogger.

Impact of Wikileaks on Federal Law Yet to Be Seen

By Anne Lowe

While U.S. Secretary of Defense Robert Gates downplayed the international consequences of the most recent Wikileaks releases Tuesday, their impact may be most felt in terms of secrecy.