Sunshine Ordinances in California
Although state law–mainly in the form of the Brown Act and the Public Records Act–governs access rights at the local level, cities and counties are free to enact ordinances that provide GREATER RIGHTS OF ACCESS than state law. These local laws providing extra rights are often referred to as “Sunshine” laws.
At last count, seven local governments in California had enacted such laws: Benicia, Contra Costa County, Milpitas, Oakland, Riverside, San Francisco and Vallejo.
Below are the texts of each of these Sunshine laws. They vary significantly in their methods for strengthening state law access rights. To assist you in understanding what these laws do–and to help you pick and choose among the provisions for a proposed Sunshine law for your own community–we have highlighted the language in the local laws that differs substantively from state law. Focus on the highlighted language.
While the seven listed communities have chosen different paths, CFAC would like to offer for your consideration one strategy that, as yet, has not been pursued or implemented in California. That strategy is as follows:
Instead of drafting new legal rules and standards, simply list the court decisions and statutory amendments that, over the years, have punched the biggest holes in state access protections, and state that these decisions and amendments shall NOT apply in your community.
That way you will achieve huge improvements in access rights, while minimizing uncertainty about the effect of your local law and retaining the predictability and clarity of the existing framework of state statutes–all in a package that can be promoted (accurately!) as merely restoring the Brown Act and the Public Records Act to the forms in which they were originally adopted.–Peter Scheer
A Superior Court judge strengthened the Public Records Act by ruling that the press and the public had the right to access government records to answer questions about why parole officers did not check on registered sex offender Philip Garrido who had kidnapped a 12-year-old girl and held her captive for 18 years. -db
Contra Costa [...]
The Auburn Journal argued for tighter enforcement of the Brown Act, California’s open government law, in light of a $l600 dinner meeting in 2008 in Washington D.C. during which three county supervisors lobbied the local congressman. -db
Auburn Journal
Editorial
March 7, 2010
During these tough economic times, government at every level faces media scrutiny. The public has [...]
The editor of the Turlock Journal says the local school board did all the right things in listing the agenda in advance, making the meeting accessible to all and allowing ample time for public comment but still managed to trash the Brown Act, California’s open meeting law, by deciding the crucial issues of building renovations [...]
The Del Puerto Health Care board claims that conscientious elected officials are discouraged from serving after they were accused of holding two closed meetings without public notice. -db
Patterson Irrigator
March 4, 2010
By Kendall Wright
In spite of attending training sessions since 2006 about ethics and open-meeting laws, a majority of Del Puerto Health Care board members who were [...]
The Tri-City Medical Center settled a lawsuit brought by former hospital executives who alleged that the hospital violated the Brown Act, California’s open meeting law. In agreeing to pay $300,000, the hospital did not admit violating the act. -db
North County Times
February 25, 2010
By Paul Sisson
Tri-City Medical Center has settled a lawsuit brought by a group [...]
The Capistrano Unified School District board of trustees met without notice on a Sunday for a closed meeting on employee negotiations. It’s legal in most cases but does not promote public confidence. -db
Capistrano Insider
Commentary
February 25, 2010
By Jonathan Volzke
Yes, the Capistrano Unified School District trustees met Sunday. But apparently it wasn’t illegal.
Trustees indeed met Sunday for [...]
The Citizen’s Sunshine Review Committee finished its work in February on a sunshine ordinance which was written to encourage compliance with California sunshine laws. -db
The Berkeley Daily Planet
February 25, 2010
By Dean Metzger
Sadly the sun is setting on the printed Berkeley Daily Planet, but happily the sun could rise on open government in Berkeley. After three [...]
The Del Puerto Health Care District board met once secretly in 2008 but claims the meeting violated no California open govenment laws. -db
Patterson Irrigator
February 25, 2010
By Kendall Wright
A majority of the Del Puerto Health Care District met once secretly in 2008, but the head of the district claims the meeting violated no laws, an assertion [...]
The Grossmont Union High School District cancelled a special meeting to consider a threatened lawsuit after the media were not given adequate notice of the meeting. -db
East County Magazine
February 23, 2010
CAJON, Calif. – In response to a request by East County Magazine, the Grossmont Union High School District has announced cancellation of tonight’s special meeting. [...]
Community members involved in planning for San Diego have expressed concerns about an advisory committee with a large representation of builders and developers. They claim the committee’s meetings were not adequately publicized. -db
San Diego Uptown News
February 20, 2010
By David Harvey
At the San Diego City Council’s Land Use and Housing (LU&H) committee meeting on Feb. 3, [...]
The founder of Alameda Concerned Parents is suing the Alameda Unified School District for violations of the state’s open government law, the Brown Act. -db
San Francisco Chronicle
Opinion
February 18, 2010
By Susan Davis
This just in — Kerry Cook, founder of Alameda Concerned Parents, which protested Lesson 9 last spring and fall — is now suing the Alameda [...]
An open government activist says there are still gross violations of the state’s open government law, the Brown Act, after the City Council had taken steps to conduct business in a more open manner. -db
Victorville Daily Press
February 15, 2010
By Brooke Edwards
VICTORVILLE, Calif. – After continued rumblings from citizens and the Daily Press about Victorville improperly using [...]
A counselor at the Yuba Community College District is suing the district for rescinding her salary raise in closed session. The superior court judge has allowed Yuba college officials to testify in a closed court session. db
Appeal-Democrat
February 18, 2010
By Ryan McCarthy
Three Yuba Community College District trustees are among witnesses an employee plans to call in [...]
During broadcasts of its meetings on a government access cable channel, the Norwalk City Council blacks out public comments. Legal experts says the practice is legal but express dismay that the council feels it’s necessary to censor the public. -db
The Los Angeles Times
February 20, 2010
By Jeff Gottlieb
Like most towns, Norwalk broadcasts its City Council meetings [...]
Half Moon Bay public safety agencies are meeting to air concerns about safety issues concerning the Mavericks Surf Contest but don’t want to open it to the public in the interests of encouraging an open and frank discussion. The editor of the Half Moon Bay Review argues that to close the meeting is not only [...]
The Eureka Union School Board admitted they failed to report changes in the superintendent’s salary in open public session before approving them in a closed meeting. They also failed to make the original contract available to the public 72 hours before the meeting. -db
The Press Tribune
February 10, 2010
By Megan Wood
The Eureka Union School Board admitted [...]
Blocked from reporting on student government spending decisions and irresponsible acts at UC Santa Barbara, the student newspaper staff wrote a letter to California state officials and the legislature asking for a law to hold UC student governments to open government standards. -db
Daily Nexus
February 9, 2010
By Nexus Staff
To Governor Arnold Schwarzenegger, UC President Mark Yudof, [...]
A Sacramento judge tentatively ruled that the state must hand over Phillip Garrido’s parole records. Garrido has been charged with the kidnap of an 11-year-old girl and keeping her in captivity for 18 years. -db
The Sacramento Bee
February 5, 2010
By Sam Stanton
A Sacramento judge issued a tentative ruling Thursday that would require state corrections officials [...]
The District Attorney is investigating a possible Brown Act violation as the Carson mayor has reportedly used a mute button to silence speakers at city council meetings. In November the City Council had given the major the authority to used the button in a 3-2 vote. -db
KPCC
Southern California Public Radio
February 6, 2010
The District Attorney’s Office [...]
The Modesto City Council will still be eating lunch together at the annual Chamber of Commerce luncheon which costs $40 to attend. But they will no longer call it a city council meeting for the mayor’s annual speech since California’s Brown Act prohibits charging the public to attend council meetings. -db
The Modesto Bee
February 6, 2010
By [...]
Since government agencies cannot suffer First Amendment rights violations, the Texas attorney general said that they cannot particpate in a case against the state’s open meetings law. City council members are contesting the law saying their free speech rights are being denied as the law prohibits government officials from conducting business in secret. -db
The Reporters Committee [...]
A citizens group is calling for an investigation of the Amador Water Agency board for possible Brown Act violations when they held private conferences on board elections. -db
Ledger Dispatch
February 5, 2010
By Matthew Hedger
A local citizens group is asking the Amador Water Agency to seek legal counsel and investigate whether some directors violated provisions of the Brown [...]
Records requested under the California Public Records Act show that the five supervisors plus the county administrative officer are running up excessive expense accounts and indicated that the supervisors may have violated California’s open meeting law, the Brown Act, by dining often with a voting majority. -db
Visalia Times-Delta
Tulare Advance-Register
Editorial
February 4, 2010
A reporter for the Daily Triplicate writes that while “two-by-two” meetings held by the City Council and Harbor Commission are legal since they do not constitute a quorum, the practice may not realize the greatest potential for open government. -db
The Daily Triplicate
Commentary
February 01, 2010
By Kurt Madar
Non-public events are being used by our public officials. Del [...]
Some contend that a pay raise for the Yuba Community College district chancellor was made without observing California’s Brown Act. Today’s special meeting to reconsider the raise should remedy the problem. -db
Appeal-Democrat
February 3, 2010
By Ryan McCarthy
A special meeting today for trustees to consider rescinding the pay raise for Nicki Harrington, chancellor of the Yuba Community [...]
A PublicCEO reporter alleges that the Garden Grove Unified School District Board of Trustees has committed serious violations of California’s open government law, the Brown Act. -db
PublicCEO
Commentary
February 2, 2010
By Chris Prevatt
One of the most important duties for elected officials to perform is to be open and honest about their actions and to maintain their compliance [...]
An editorial in The Modesto Bee describes a mugging of the Brown Act and a general lack of civil behavior in suggesting that officials look at bringing criminal charges against three councilmen and that the public consider a recall. -db
The Modesto Bee
Editorial
January 31, 2010
Just when we thought city politics in Hughson couldn’t get any worse, [...]
The Tulare County Board of Supervisors deny talking about county business when they meet for lunch paid for by the county, but since the meetings are not open to the public, questions remain about the purpose of the meetings and the content of the conversations. -db
Visalia Times-Delta
Tulare Advance-Register
February 1, 2010
By Valerie Gibbons
Members of the [...]
The Associated Students Legislative Council at the University of California, Santa Barbara closed a part of their Wednesday night meeting without prior notice or disclosing before hand their reasons prompting complaints that the state’s open government laws had been violated. -DB
Daily Nexus
January 28, 2010
By Elliott Rosenfeld and Mackenzie Weinger
The Associated Students Legislative Council barred all members [...]
The Yuba Community College District board may have violated California’s Brown Act which requires the board to hold discussions about salary increases in open session. -DB
Daily Democrat
Commentary
January 28, 2010
By Erin Tracy
A decision to approve a salary hike for the Yuba Community College District chancellor might be considered insult to injury for those impacted by budget cuts, [...]
The County Board of Supervisors is considering appointing an ad-hoc committee to consider ways to preserve health benefits for retirees but some supervisors think the issue is too important to discuss behind closed doors. -DB
The Ukiah Daily Journal
January 27, 2010
By Tiffany Revelle
Conflict about forming an ad-hoc committee to study available choices was the sticking [...]
An attorney and newly elected member of the Modesto Schools board sets out the benefits of complying with California’s open meeting laws including the value of hearing a wide range of views from other members of the public bodies and from the public itself. -DB
Modesto Bee
January 27, 2010
By Ruben Villalobos
For more than 50 years, [...]
A citizens group has challenged the Pleasant Hill City Council after they approved a drug rehabilitation center this week, alleging that the city restricted public comment at a crucial Planning Commission meeting and provided improper notice of a subsequent hearing. -DB
Contra Costa Times
January 26, 2010
By Lisa P. White
PLEASANT HILL, Calif. — Although the City Council [...]
The Modesto Bee has published an editorial advising their readers of their rights to access meetings under the state’s open government law and how to be effective in making their voice heard. -DB
The Modesto Bee
Editorial
January 24, 2010
A prevailing theme on this page is that the public’s business needs to be done in public, every time, [...]
San Jose is proposing a disclosure policy to make sure its public officials do not use such devices as iPhones and BlackBerrys to skirt open government laws. -DB
San Jose Mercury News
January 21, 2010
By John Woolfolk
With iPhones and BlackBerrys becoming must-have accessories, San Jose is poised to approve a groundbreaking disclosure policy that would ensure elected [...]
Senator Leland Yee of San Francisco has asked the administration of Cal Poly in San Luis Obispo to keep wealthy donors from influencing curriculum. The request came after the Harris Ranch Beef Company threatened to withhold a half million dollar contribution unless the university scuttled a certain guest lecture. -DB
California State Senate Leland Yee, Ph.D
Press Release
January [...]
In a reaction to strict new Congressional regulations, in increasing numbers, advocates are not registering as lobbyists making it harder to track the effect of campaign contributions and meetings with public officials. -DB
The New York Times
January 18, 2010
By David D. Kirkpatrick
WASHINGTON, D.C. — Ellen Miller, co-founder of the Sunlight Foundation, has spent years arguing for rules [...]
Tags: ABA, Center for Responsive Politics, corporate lobbyists, DLA Piper, influence peddlers, lobbyists, open government, public disclosure, registration of lobbyists, Sunlight Foundation, transparency, Union of Concerned Scientists
The Alameda County Board of Education may have violated California’s open meeting law when it refused to hear public comments before a vote to conditionally renew a charter for the FAME Public Charter School. -DB
Oakland Tribune
January 17, 2010
By Linh Tat
HAYWARD, Calif. — The president of the Alameda County Board of Education violated the state’s open [...]
The Associated Press used the California Public Records Act to obtain documents that show that California legislators have received gifts that they failed to report, some from lobbyists and industries with much to gain from close ties to lawmakers. -DB
The San Francisco Chronicle
January 15, 2010
By Judy Lin
SACRAMENTO, Calif. (AP) — A California lawmaker and his wife [...]
The Turlock Journal editor calls the Turlock Parks, Recreation and Community Commission for what she says was “trampling the Brown Act,” California’s open government law, twice in a single meeting. -DB
The Turlock Journal
Commentary
January 16, 2010
By Kristina Hacker
Attention all local elected officials and members of public boards: You are responsible for knowing and adhering to the [...]
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