An editorial in The Taft Independent in Kern County reminds the readers that open government laws protect the right of citizens to participate in governance. The editorial cited the instance in which the local water board took action on issues not on the agenda. –DB
The Taft Independent
Editorial
April 24, 2009
A few weeks ago, the attorney for the West Kern Water Board made a very public apology for failing to keep the board of directors from violating the Brown Act.
The water board had met in a secret “closed” session and talked about issues that were not on the agenda, and allegedly took action resulting from discussions in the secret session.
As the legal counsel present at the meeting, she should have known that the talk was illegal and stopped the discussion. She did not act as she should have, and the water board had to rescind water rate increases and restart the rate increase process.
Bored yet?
Throughout California’s history, local legislative bodies have played a vital role in bringing participatory democracy to citizens. Local legislative bodies – such as water boards and city councils – were created in recognition of the fact that several minds are better than one, and that through debate and discussion, the best ideas will emerge.
The law which guarantees the public’s right to attend and participate in meetings of local government is the Ralph M. Brown Act.
While local legislative bodies are required to hold meetings in open forum, the Brown Act recognizes the need, under limited circumstances, for these bodies to meet in private in order to carry out their responsibilities in the best interests of the public.
For example, the law contains a personnel exception based on privacy, and a pending litigation exception based upon the idea that government agencies should not be disadvantaged in planning litigation strategy.
For instance, the Taft city council could go into closed session, depriving citizen access to the proceedings, and discuss labor negotiations, performance evaluation of the city manager or pending litigation.
The council could not, hypothetically, go into secret session and discuss, for instance, sales tax revenues, a proposed city ordinance, what should be on the next council agenda or talk about critical local newspaper coverage of the city council.
Democracy is something we all have to safeguard. If we don’t watch government closely and we fail to participate, we lose touch with those who govern us, and they lose touch with us.
Despite the cynical who would act in their own self interest and disregard our laws, open government ensures that we have an opportunity to participate and create laws that protect us and the greater public good. That’s what makes our country so special.
Thank God for Ralph A. Brown and a free press.
Copyright 2009 The Taft Independent