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Office of the Chancellor / Public Affairs
Thursday, May 29, 2003
 

San Jose Mercury-News 5-29-03

Editorial: The key to government secrecy
SENATE AND ASSEMBLY MUST PASS SCA 1 SO CALIFORNIANS CAN CAST THEIR OWN VOTE FOR OPEN MEETINGS AND RECORDS

 

Increasingly, secrecy-loving government officials have placed the burden on citizens and the media to show why records, courtrooms or meetings shouldn't be closed -- turning the fundamental concept of an open democracy on its head.

A proposed constitutional amendment will right that wrong. Its most important feature is to establish that ``the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny.'' It requires any court, government agency or official seeking to limit public access to show why such action is needed and justified.

The amendment, dubbed SCA 1 and sponsored by Senate President Pro Tem John Burton, D-San Francisco, is needed to pump back life into the Ralph M. Brown Act and the California Public Records Act, two landmark laws that have long allowed citizens to shine a light on government. The former mandated that government officials meet in public; the latter, that government records be open and accessible. Both laws have been weakened in recent years by wrongheaded court decisions and laws, and the arbitrary actions of public officials.

Consider:

• Courts have ruled that Gov. Gray Davis' calendar is top secret, not a public document. Wouldn't it be of interest to Californians to know how much time he spends, say, fundraising?

• Courtrooms in Santa Clara County have been closed based on concerns about jury contamination, despite the fact that not a single California appellate court has overturned a verdict because of jury contamination in this or the previous century.

• Last year, San Jose's city council had to re-vote on redevelopment issues at the Tropicana shopping center because it met illegally and in secret.

• The Santa Clara County Superior Court agreed to make its new electronic data base more easily available -- but only after being sued by the Mercury News.

An amendment similar to SCA 1 passed the Senate but died in the Assembly last year, as various groups raised a number of red herrings relating to privacy and homeland security. This year, the supporters of the amendment, which include the California Newspaper Publishers Association and the California First Amendment Coalition, have included language to address those concerns. As a result, the amendment has received the support of Attorney General Bill Lockyer, and various other influential groups.

The Senate is likely to approve SCA 1 in the next couple of weeks by the required two-thirds majority. The Assembly should follow suit, finally giving California voters a chance to cast their own vote on this crucial constitutional guarantee.

The alternative is a government that increasingly finds excuses to hide its dealings from the public. That isn't only wrong, it's not democratic.