The California Fourth District Court of Appeals reversed a ruling by a superior court judge that prevented a blogger from publishing Fullerton city hall documents regarding police misconduct. The blogger, Joshua Ferguson, and a colleague obtained the records from the city’s Dropbox Account. The city called the records “stolen.” The appeals court blocked the lower court order while it considers the case. As FAC’s David Snyder has explained, such prior restraint is unconstitutional. (Voice of OC, November 12, 2019, by Spencer Custodio)
EFF and other open government advocates are supporting a lawsuit against the County of San Diego for their policy of destroying all e-mails after 60 days unless designated for preservation. The groups contend that the policy makes it impossible for the electorate to know the full story of how the government conducts business, knowledge essential in a functioning democracy. (Electronic Frontier Foundation, November 5, 2019, by Dave Maass)
Two San Diego law enforcement agencies are responding differently to Assembly Bill748 requiring departments to release recordings of officer shootings and uses of force within 45 days. After a police shooting in October, the San Diego Police Department was careful to release details to allow the public to know the incident’s context. The Sheriff’s Department is taking a more cautious approach saying they will not release recordings until the district attorney can review them. Said the department’s spokesperson, “We will make every effort to release video and audio within 45 days, but we also understand each incident is unique and we have to ensure the integrity of the investigation, meaning exceptions may be made.” (The San Diego Union-Tribune, September 15, 2019, by Lyndsay Winkley)
Fearing disruptions, the Oakland school board is planning to meet in a closed room granting access to the public through teleconference. FAC’s David Snyder says while it may be legal to physically shut out the public, it would not be advisable as a violation of the spirit of the Brown Act, the state’s open government law. Many citizens are showing up at board meetings to protest school closings and the issue of charter schools prompting policecto use force to maintain order at an October 23 meeting. (EdSource, November 8, 2019, by Theresa Harrington)
The San Bernardino City Council abandoned the rule limiting each council member to five minutes discussion on an agenda item. The rule was voted in last February to expedite meetings but found to hamper robust discussion of the issues. (The San Bernardino Sun, November 7, 2019, by Brian Whitehead)
A citizen filed a complaint against San Benito County Supervisor Anthony Botelho with the Fair Political Practices Commission for conflict of interest. The complaint alleges that Botelho participated in rezoning that included property that he had previously listed as one of his interests. Botelho said the rezoning had “zero impact or conflict with that property.” (BenitoLink, October 26, 2019, by Noe Magana)
Citizens in Mt. Shasta are challenging the city’s approval of a project in an environmentally sensitive area in the town. They claim that the city failed to allow the full 72-hour notice of a public hearing on the project application, a Brown Act violation. (Mt. Shasta News, October 23, 2019, by Vicki Gold)
Citizen Virginia Jauregui alleges that the Olympic Park Neighborhood Council violated the Brown Act by cancelling a September meeting four hours before its scheduled time to avoid complaints by homeowners about the granting of land for a parking lot to accommodate an apartment complex. (LA City Watch, October 21, 2019)
While denying any Brown Act violations in the search for a new superintendent, the William S. Hart Union High School District of Santa Clarita agreed to conduct such business with greater transparency. A citizen alleged that the board met in closed meetings and failed to make it clear in later reporting clearly and concisely what transpired. (The Santa Clarita Signal, October 17, 2019, by Caleb Lunetta)
The Fairfield City Council voted to allow Youth Commission members to participate in member selection without listing the item on the agenda, a violation of the Brown Act. (Daily Republic, October 17, 2019, by Todd R. Hansen)
The Orange County Board of Supervisors generated some consternation over their selection of a new auditor-controller. Open government advocates said the decision to select from within staff or outside should have been placed on an agenda and discussed in a session open to the public. (Voice of OC, October 8, 2019, by Nick Gerda)
A Superior Court judge ruled that the San Bernardino County Board of Supervisors violated the Brown Act in appointing Dawn Rowe to a seat on the board. The judge said according to the board’s charter the appointment should be made by the governor. (Highland Community News, by Hector Hernandez, Jr.)
The Los Angeles Department of Water and Power established an Office of Inspector General to improve transparency. The move was prompted by an FBI raid in July to investigate over billings. (CBS Los Angeles, September 13)
The city of Ingelwood is accused of violating the Brown Act by omitting mention of a projected Los Angeles Clippers arena from a public decision with close ties to the project. (Pasadena Star News, September 12, 2019, by Jason Henry)