Posted by: Kim_Hamilton on 07/23/2008 03:05 PM
Updated by: Kim_Hamilton on 07/23/2008 04:45 PM
Expires: 01/01/2013 12:00 AM
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What does the General Public have a Right to Know About Your Government?~By Kristi Reesman
"You are entitled to know just about everything about the activities of your Government. The California Public Records Act, which is detailed in Government Code Sections 6250 – 6276.48, gives the general public the right to access information in the possession of public agencies. This Act “was enacted in 1968 to safeguard the accountability of government to the public, for secrecy is antithetical to a democratic system of government of the people, by the people and for the people” (San Gabriel Tribune vs. Superior Court (1984) 143 Cal. App.3d 762, 771-772)....
Recent events surrounding the Calaveras County Community Development Agency have led many of us to question how our elected representatives are spending our hard-earned tax dollars. The resignation of Community Development Director Stephanie Moreno amid a sea of controversy has spawned many more questions and much speculation. At the July 22 Board of Supervisors meeting, District 4 Supervisor Tom Tryon stated his desire that the financial agreements pertaining to Ms. Moreno’s resignation be released to the public voluntarily. County Counsel Jim Jones expressed his reluctance to do so. Wisely, Calaveras County decided to release the severance agreement without waiting for the inevitable public outcry; however this brings up an important topic that all citizens should be aware of.
The public is entitled to view these documents. The law stipulates that the taxpayers have a right to know what their government is doing and how they are doing it. In an Opinion Letter issued by California Attorney General John K. Van De Kamp on April 18, 1985 (68 Ops. Cal. Atty. Gen. 73 Op #84-1204) Mr. Van De Kamp states: “It would be difficult to conceive of a greater public need for disclosure than where the record specifies how public funds are spent. The public interest in finding out how decisions to spend public funds are formulated and in insuring governmental processes remain open and subject to public scrutiny can not be overstated.”
Many government agencies over the years have attempted to hide behind Employee Confidentiality in order to avoid disclosure of public records. The Courts have shot this argument down time and time again. The Courts have opined that the “personnel” exception of §6254(c) is to be read very narrowly. In San Gabriel Tribune v. Superior Court; Cook v. Craig, Black Panther v. Kehoe, Braun v. City of Taft and Sims v. Central Intelligence Agency, and many other notable cases, various Courts have all concluded that employment contracts, letters of appointment, performances, retirement awards etc are all subject to disclosure. The personnel disclosure exception is designed to protect the intimate details of personal and family life, not business judgments and relationships; therefore an example of information not subject to disclosure would be home address and phone number, marital status, medical conditions or identity of the fathers of children. Salary, job performance, resignation and severance terms are all pertaining to the business of the public agency and therefore are subject to public review. Furthermore, you can also ask to view any deliberative materials that indicate the thought process that led to a decision by public officials, such as notes, memos, evaluations or facts.
What does a Public Agency have to do to comply with your Public Records Request?
1. They must allow immediate access at all times during office hours (§6253(a)) and they may not adopt rules that limit the hours records may be inspected.
2. They may not charge a fee for inspection or processing (§6253(b)) and may only charge a fee for the direct cost of making copies or a statutory fee set by the legislature, not local ordinance.
3. They must offer to assist you in overcoming any barriers to finding and identifying the information you seek (§6253.1). In unusual cases, where records may be off-site, the agency can have up to 10 days (14 if they notify you in writing §6253(c)) to assemble the records. They cannot use the 10 days just to delay access to the records (§6253(d)).
4. If they cite that a requested document is exempt from the disclosure requirements, they must explain and justify the reason for withholding the document in writing (§6255). Records concerning litigation are not confidential once the matter has been finally adjudicated or otherwise settled. (6254(b), 6254.25)
5. Finally, if they deny your request, you may ultimately file a lawsuit to enforce your rights. If you win, the agency must pay all your costs and legal fees (§6259(d), Belth v Garamendi 232 Cal. App. 3d 896 (1991).
We have a right and a responsibility to oversee our government. Rights are like muscles, if you don’t exercise them regularly, they will become weak and our government will get fat and lazy. The participation of citizens is vital to assure our continued freedom.
Helpful links:
All California Government Codes can be found online at http://www.leginfo.ca.gov/calaw.html
These are publicly accessible with no login or password.
A pocket guide to the California Records Act – a great little 2 page brochure published by the First Amendment Project Society of Professional Journalists may be found at: www.thefirstamendment.org/publicrecordsact.pdf
Kristi Reesman
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