California rates a knotch above mediocrity in fighting corruption

Although overall California earned a B-minus on a corruption risk report card, it still ranks fourth in the United States in fighting corruption.  The report was done by the Center for Public Integrity, Radio International and Global Integrity. The state scored lowest in public access to information with a D-minus. -db From the Mount Shasta [...]

Open government group finds efforts to provide website transparency still lacking

In general, states are behind the federal government in releasing information online in ways accessible to citizens, but the states excel in financial disclosures of public officials. Some states also publish full texts of contracts, a practice not a part of federal governance. These findings are part of an OMB Watch report released on March [...]

Haste in choosing new San Francisco school superintendent leaves public out

When the San Francisco School Board took action behind closed doors to begin negotiations with a replacement for a retiring superintendent, they neglected to post a notice of the meeting on the district’s website or report the action taken in the closed session, both violations of the Brown Act, the state’s open meeting law. -db [...]

California: School district action on superintendent done without public notice

The Blochman Union School District board put Superintendent Kristin Garrison-Lima on leave in February without voting or posting a meeting notice, a violation of the Brown Act, the state’s open meeting law. After a closed meeting during which no action was taken, the board sent the superintendent a letter that notified her she was on [...]

To disguise positions, California state legislators switching votes after bill tally announced

An investigative report by the Associated Press reveals that California state legislators running for re-election disguise their votes on key laws by changing their votes after official tallies. The change in vote is not always indicative of their true stance on a piece of  legislation. The First Amendment Coalition’s Peter Scheer said the practice was [...]

Sunshine Week: Obama administration wants to extend exemptions under Freedom of Information Act

The Obama administration is asking Congress to grant new exemptions to the Freedom of Information Act (FOIA), to keep secret selected information about cybersecurity, government computer networks, and certain industrial plants and pipelines. The FOIA already allows the government to withhold information that would hurt national security, invade personal privacy, reveal business secrets or compromise [...]

California: Capistrano school district refuses to record closed sessions on union negotiations

The Capistrano Unified School District board of trustees on advice of counsel rejected the idea of recording sensitive closed-door negotiations with employee unions. The lawyer said the recording of sessions would chill the discussions and could be used as evidence in lawsuits alleging violations of the Brown Act, the state’s open meeting law. -db From [...]

Federal judge rules for mine safety administration in request for mine explosion documents

A federal district judge ruled that the Department of Labor’s Mine Safety and Healthy Administration could withhold attorney-client documents and identities of miners in a 2010 mining explosion. The mine operator said it was seeking the information to find the cause of the explosion and prevent another such disaster. -db From the Reporters Committee for [...]

San Diego newspaper calls for state atttorney general to investigate secret meetings of Southern California water agencies

The San Diego Union-Tribune is asking California Attorney General Kamala Harris to examine the meetings of local water agency officials who have an input into the decisions of the Metropolitan Water District of Southern California (MWD). The newspaper is concerned that the self-described “Anti-San Diego Coalition” is meeting illegally to discuss crucial issues including water [...]

Congress slow to stand up for greater transparency

Laws building transparency in the federal government are bogged down in Congress according to open government groups even with indications that more openness would build  public confidence. Congress is currently getting poor approval ratings. The laws mired in Congress include the Transparency in Government Act and the Senate Campaign Disclosure Parity Act. -db From the [...]

Obama rates low on transparency

After making bold promises about making his administration the most transparent in history, Obama is looking at bad reviews particularly on granting Freedom of Information Act requests. The administration has also vigorously pursued the prosecution of leakers and whistleblowers and fumbled Obama’s open government initiative. -db From POLITICO, March 5, 2012, by Josh Gerstein. Full [...]

Prosecutors back CIA in withholding reports on abuse and deaths of CIA detainees

Federal prosecutors looking into the CIA’s alleged abuse and killing of detainees in their custody are backing the CIA to keep the investigations secret. The CIA wants to keep them kept  secret on a number of grounds including national security and the importance of protecting sources. -db From Politico, March 7, 2012, by Josh Gerstein. [...]

California: Police Union gets temporary hold on UC Davis pepper-spraying report

A superior court judge granted the University of California police union a victory as he ruled that the report of the pepper-spraying of University of California Davis students during a campus protest last November should for now be kept under wraps. The union claims that state law forbids the release of the names of the [...]

Journalist gains access to FBI records on Ronald Reagan

A federal judge ruled a journalist could have access to an FBI document relating to what the journalist claims is former president Ronald Reagan’s work as an FBI informant before he ran for president. The journalist says that the FBI helped Reagan in his political career and argued that the  FBI’s file on Reagan could [...]

Los Angeles: Secret talks on fate of coliseum could foul up the deal

In holding closed meetings on a plan to turn  the publicly-owned Los Angeles Memorial Coliseum over to the University of Southern California, the coliseum commission runs the risk of incurring the wrath of the citizens and violating the Brown Act, the state’s open meeting law. Open government experts say that they can legally close the [...]

Open government: Federal government denies existence of ‘targeted killing’ program

After the American Civil Liberties Union and First Amendment Coalition filed suits to force the release of the legal memos justifying drone strikes that killed one U.S. citizen, Attorney General Eric Holder denied that there was a “targeted killing program.” Holder characterized the drone strikes as legal, ” lethal operations” against those “who present an [...]

California: Rio board gets schooled on open meeting law

After getting flagged for excessive violations of the Brown Act, the state’s open meeting law,  the Rio School District recommitted itself to doing a better job of complying with the law. The board members heard a presentation from a local attorney, and the interim superintendent said on receiving a complaint from the community, he would [...]

Open government may get boost from insider trading law progressing in Congress

With both houses of Congress passing versions of the law making it illegal for legislators to engage in insider trading, the public may soon gain access to the financial transactions of their lawmakers and members of the executive branch. The law would require reporting of financial transactions every 30 or 45 days. -db From POLITICO, [...]

Opinion: Obama administration refuses to release secret memos over drone killing of U.S. citizen

After it came to light that secret legal memos existed backing a “targeted killing” policy, the Obama administration blocked the release of the memos. Writing for the Citizens Media Law Project, Justin Silverman makes a case for transparency particularly in the case that the government is hiding an important policy rationale behind a secrecy shield. [...]

Secruities Exchange Commission may consider rule requiring public companies to disclose political spending

In a recent speech, Luis Aguilar of the Securities and Exchange Commission called for the commission to consider requiring public companies to disclose it spending on political causes. Aguilar said shareholders had a right to the information so they could make wise investment decisions. -db From Law.com, February 28, 2012, by Sue Reisinger. Full story [...]

California court upholds application of state anti-spam law

A California state appeals court ruled that federal law does not supersede the state’s anti-spam law. The ruling came in a case contesting the right of an Internet advertising company to use private domain name registrations to prevent recipients from easily identifying the sender. -db From the Metropolitan News-Enterprise, February 27, 2012, by Kenneth Ofgang. [...]

California: Stanislaus County mayors’ meetings challenged over compliance with open meeting law

An editorial in The Modesto Bee argues that even if the Stanislaus County’s mayors are not breaking the Brown Act, California’s open meeting law, in the interests of transparency and  public trust, they should post agendas and open the meetings to the public. -db From an editorial in The Modesto Bee, February 25, 2012. Full story

California: Oceano board acts to correct open meeting breach

In the face of community pressure and legal threat, the Oceano Community Servies District is changing its way of conducting business. The board is allowing public comment after staff reports and vacating a closed meeting vote on an increase in the pay for the interim general manager.  -db From The Tribune, February 23, 2012, by [...]

California Supreme Court allows Tulare supervisors’ closed lunch meetings

The California Supreme Court denied the review of a case brought against the Tulare County Board of Supervisors for holding 30 plus lunchtime meetings behind closed doors. Open government advocate State Senator Leland Yee immediately declared his intention to introduce a law to outlaw such meetings. The supervisors claimed the meetings were unofficial, for morale-building [...]

California political watchdog relaxes bite on ethical issues

California’s Fair Political Practices Commission has decided to hold fewer open meetings and will not notify the public of pending investigations, raising the hackles of open government advocates. The Commission is charged with enforcing election laws, laws on lobbying and conflicts of interest involving public employees including elected officials and the governor. -db From the [...]

CIA makes use of review process of classification documents more difficult

The Central Intelligence Agency has made it harder to use the Mandatory Declassification Review (MDR) process to challenge classification status of government records. Classifications have been overturned  through the MDR, but now the CIA is charging those using the review process up to $72 per hour even if no documents are found or released. -db [...]

Elite Pentagon military unit operates without public accountability

The Joint Special Operations Command, a secret military unit that killed Osama bin Laden, gathers information about targets with laser fast efficiency and operates with little accountability. A new book explores the unit, its tactics, screw-ups, and future challenges. -db From an interview in Wired, February 13, 2012, By Spencer Ackerman. Full story

California: Costa Mesa councilwoman fed up with texting

A Costa Mesa councilwoman criticized fellow council members for texting during their meetings on the grounds that it could lead to violations of the state’s open meeting law, the Brown Act. The councilwoman said that with a smart phone, council members can view information that could influence their decisions without disclosing that information to the [...]

Government study of leaks of classified documents calls for dialogue with media

A study of leaks of classified information says that the friction caused by interests in keeping national security secrets and in the public’s right to know can be mitigated to some extent through improved understanding and management achieved partly through dialogue between the government and media. WikiLeaks has changed the secrecy terrain, writes Steven Aftergood [...]

California: Pasadena denies media access to police band

Pasadena encrypted their radio signal January 7, effectively denying the public and media access to police radio traffic. The Pasadena police department said the media could make public record requests for access to the traffic and insisted that the department took the step to encrypt to protect officers by closing criminals out of the system. [...]

Better technology may revolutionize Freedom of Information Act implementation

As early as this fall, the U.S. government could have in place an interagency project using up-to-date technology to implement the Freedom of Information Act. New technologies could increase proactive disclosure, speed responsiveness and cut backlogs. -db From a commentary in OMB Watch, February 7, 2012. Full story  

Federal judge orders release of report into alleged prosecutorial misconduct in case involving late senator

A federal district judge ruled that the government had to release a 500-page report about alleged prosecutorial misconduct in the case against the late Senator Ted Stevens of Alaska for failing to list improper gifts in Senate ethics forms. Stevens was convicted of the charges and lost his seat in the senate, but the conviction [...]

Shareholders want transparency on politicking

Shareholders of AT&T, Apple, Ford and Pepsi are among the shareholders demanding to know how much money the corporations are spending on super PACs and lobbying. The demands are fueled in part by the U.S. Supreme Court’s decision Citizens United v. FEC that allowed unlimited and anonymous corporate spending. -db From Politico, February 7, 2012, [...]

Los Angeles: Suit filed to overturn judge’s decision on opening juvenile courts to media

The Children’s Law Center, which advocates for children in juvenile court, is suing in a state appeals court to overturn a Los Angeles judge’s decision to allow the media into juvenile hearings. The center says the ruling wrongly puts the interests of the public and media above the interests of those suffering child abuse and [...]

California Attorney General clairifies real estate negotiations exception to open meeting law

The State Attorney General narrowed the scope of the real estate negotiation exception to the Brown Act, the open meeting law. The interpretation places higher value on the public’s right to know over local government’s interest in protecting bargaining power in real estate negotiations. -db From Best Best & Krieger Attorneys at Law, February 3, [...]

California: Petaluma City Council struggling with policy over iPad use

Debate over the use of iPads by city council members during meetings continues in Petaluma with no consensus as yet. Some say that it is invaluable in allowing members to gain access to documents, research information and eliminate volumes of paper. Others say that the public may think that the iPads are being used to [...]

Bill backed by media workers would open California state prisons to journalists

A media access bill allowing journalists into California state prisons stands a chance to become law. Eight previous versions of the law were vetoed by three governors. The bill would not only allow journalists to talk with inmates but also prohibit officials from punishing inmates for doing so. -db From the Fog City Journal, February [...]

Media but not public admitted to Los Angeles juvenile court proceedings

The presiding judge for the L.A. County Juvenile Court ordered the courts open to the media but not the public. The court had previously barred the media and public from cases of child abuse, foster care and adoption. The parties involved in a case can still make a compelling case to close doors. From The [...]

ACLU challenges federal government on records of drone attacks killing U.S. citizens in Yemen

The American Civil Liberties Union is suing the Obama administration to force them to release records related to the deaths by drone attacks of three U.S. citizens in Yemen. The administration cited national security in denying the request for the documents under the Freedom of Information Act, but the ACLU said the drone program should [...]

California: Hanford City Council may be correct in withholding packet of allegations

The Hanford City Council has so far not released an anonymous packet of documents to the public and may never. The documents make allegations against city leaders which the council discussed in closed meetings. Jim Ewert, legal counsel for the California Newspaper Publisher Association, said the council may be on safe ground in denying public [...]

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