California open government roundup: State legislature’s open records law falls short of promise

Reporters recently investigating allegations of sexual abuse by a state legislator ran into the ironically labelled California Legislative Open Records Act. The act is hardly open since legislators themselves set the limits to access. (Los Angeles Times, October 29, 2017, by John Meyers)

The conservative Pacific Justice Institute is challenging a decision by the Fresno Unified School District to allow the Fresno Bee to conduct a survey of students about sexual practices and sex education in investigating high teen-age pregnancy rates. The survey was voluntary and anonymous, but the survey pits the First Amendment against federal law, the Protection of Pupil Rights Amendment of 1978 that prohibits student surveys on highly sensitive issues including sex. (The Fresno Bee, October 31, 2017, by Tim Sheehan)

The San Bernardino district attorney’s office failed to find a violation of the Brown Act, the state’s open meeting law, in the conduct of the Upland City Council over a closed sessions last spring on the performance of the city manager. (Inland Valley Daily Bulletin, October 27, 2017, by Liset Marquez)

A Santa Rosa Press Democrat editorial, October 28, 2017, criticizes the recently enacted Assembly Bill 1455 that obfuscates contract negotiations between local governments and public employee unions. Due to take effect on January 1, collective bargaining documents will be exempt from disclosure under the California Public Records Act. Since many elected officials depend on union support, it is important to shine the light on negotiations regarding  salary, the greatest single expense for local agencies.

A company that subsidized a non-commercial TV station in San Mateo is contesting its sale to KRBC, a public broadcaster in Santa Rosa. The company, LocusPoint Network, alleges that the college district that owned the station KCSM-TV violated an agreement to put the station up for auction with LocusPoint garnering 35 percent of the proceeds. LocusPoint accused the district of violating the California Open records Act and the Brown Act in arranging for the sale to KRBC behind closed doors. (Palo Alto Daily Post, October 26, 2017, by the Daily Post staff)

With charter schools now educating one out of 10 public school students in California, leading candidates to replace Governer Jerry Brown are siding with the California Teachers Association in favoring greater transparency in how charter schools operate and spend public funds. (EdSource, October 25, 207, by Louis Freedberg and John Fensterwald)

The public is asking if the Stanislaus Consolidated Fire District board violated the Brown Act in holding a special closed-door meeting to fire their fire chief. The board said they had no information to disclose after the meeting. The board is entitled to withhold information when the chief has rights to appeal a disciplinary action until those rights are exhausted. (The Modesto Bee, October 26, 2017, by Ken Carlson)

The First Amendment Coalition delivered a cease and desist letter to Bakersfield City Council alleging violations of the Brown Act in holding closed sessions on revenues and a tax increase. (Bakersfield.com, October 21, 2017, by Joseph Luiz)

When Madera County adopted a new immigration policy this year, the county made a serious omission. It had failed to discuss the policy in public session allegedly violating the Brown Act. (Valley Public Radio, October 17, 2017, by Kerry Klein)

A citizen  questions the Fresno County Board of Supervisors for meeting on  Thursday and Friday morning at the Harris Ranch to consider county principles and goals. The location of the ranch may discourage the public from attending. (The Fresno Bee, October 16, 2017, Letter to the Editor by Mary Savala)