[sudo-discuss] FYI: Oakland Council voting tonight on new California TRANSPARENCY law

[Phil Wolff]

Should Oakland endorse Prop 42? CMs Kalb and Kaplan are putting a
resolution to the Council tonight to support this new law; final vote.
They're inviting the public to speak on tonight, agenda item #16. I'll be
stepping out for a minute this evening to speak in favor. - Phil


Text:
Resolution in SUPPORT of California Proposition 42 - Constitutional
Amendment to protect the public's right to know by requiring compliance by
local agencies with the Public Records Act and the Brown Act for open
meetings

WHEREAS, public transparency and freedom of information safeguards are of
significant importance to and benefit for the citizens of Oakland and
California and the integrity of government; and

WHEREAS, the California Public Records Act, passed in 1968, is a critical
tool
for the public and the press and facilitates obtaining government records,
awareness of the activities of government, and effective advocacy in the
interests of the community; and

WHEREAS, the Ralph M. Brown Act, passed in 1953, guarantees the public's
right to attend and participate in legislative bodies of local agencies,
including boards, commissions, and councils; and

WHEREAS, state and local governments have been in disagreement regarding
the amount of state financial support that is required address the costs to
local
governments with complying with these transparency laws and, at times,
local agencies have used the failure of the state to reimburse their costs
as an excuse for not complying with the transparency laws; and

WHEREAS, requiring the state to reimburse local governments for compliance
costs with these laws does not encourage local governments to take steps to
reduce their compliance costs, such as through proactive transparency
procedures; and

WHEREAS, California Proposition 42 on the June 2014 ballot would secure the
California Public Records Act and the Ralph M. Brown Act in the State
Constitution and relieve the State from paying for local governments' costs
of compliance with these open government laws; now, therefore, be it

RESOLVED: That the Oakland City Council hereby endorses Proposition 42.

https://oakland.legistar.com/LegislationDetail.aspx?ID=1739719&GUID=98A2B363-B936-4EF3-9B76-F5D2682DC7E4

More on the law...

   - League of Women Voters:
   http://www.smartvoter.org/2014/06/03/ca/state/prop/42/
   - EFF (Vote Yes):
   https://www.eff.org/deeplinks/2014/05/california-voters-check-yes-42
   - Pando Daily's analysis (insightful on the implications):
   http://pando.com/2014/05/02/oh-the-things-prop-42-could-do-for-the-open-government-movement/

   - California Legislative Analyst's Office (cities have to pay for their
   own compliance, a few $10s of millions statewide):
   http://www.lao.ca.gov/ballot/2014/prop-42-062014.aspx
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