COMMENTARY

No more slaps on the wrist: Public Spankings for violators of open-government laws

by Peter Scheer

Assemblywoman Sally Lieber achieved her 15 minutes of fame (or was it infamy?) by proposing that California criminalize the spanking of children. While few legislators seem to want to follow the San Jose Democrat off this particular cliff, Lieber’s idea does suggest another possible connection between government and spanking.

A source of great frustration to advocates of government openness and accountability is the absence of any meaningful enforcement of California’s open government laws. Although in theory serial violators of the Brown Act and the Public Records Act may face prosecution for their offenses, the reality is that they face no real sanction at all. They are your worst nightmare: secretive, power-obsessed bureaucrats who defy the law with impunity.

Public spankings might be just the penalty that is needed to convince these repeat offenders to change their behavior.

As a form of punishment, spanking is more effective than a fine (since fines are, in any case, paid by the agency where the offender works), without contributing to California’s prison-overcrowding problem. And spanking is more satisfying as retribution for victims–especially if the victim gets to administer the spanking.

Of course, there is a risk, confined mainly to San Francisco and parts of Los Angeles, that certain offenders, rather than being deterred by the prospect of a public spanking, would enjoy it. To avoid creating a perverse incentive to violate the law, these people may have to be dealt with more firmly. (For example, by transferring them to Riverside County.)

If you’re tired of seeing open-government lawbreakers get away with a slap on the wrist, and believe that a hard swat to the rear would have a more salutary effect, please submit your nominations for public spankings to CFAC (send email to: spank@cfac.org) Nominations should include a brief description of the public official’s offense against open government, together with a recommended number of spanks.