Politics & Government

Watchdog Group Petitions to Protect Brown Act

Update: Californians Aware is asking voters to sign a petition that would protect key provisions of the Brown Act, the state's open-government law.

Update, 5:45 p.m. July 27: Clarification about school boards added.

A Sacramento-based organization launched a petition drive earlier this week to amend the California constitution to ensure that municipal meeting agendas continue to be offered to the public.

In June, the state Legislature gave California cities and counties the option of not posting meeting agendas and other reports to save money. This action suspended a key provision of the Brown Act, which requires California cities, counties and special districts to conduct their meetings openly.

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On Sunday, Californians Aware launched a petition drive to place a proposition on the statewide ballot.

"Even though the law might not hold public officials accountable for no longer posting agendas or providing adequate descriptions of items on them, angry voters would hold them accountable, and political exposure has always been a far more powerful motivator of Brown Act compliance than legal exposure," stated Californians Aware on its website.

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There is also a bill that would preserve the Brown Act provisions, but it remains in limbo in the Assembly Appropriations Committee after the state Senate passed it.

To read more about the petition, click here.

Clarification added:

It’s been widely reported, both at Patch and other mainstream media outlets, that a last-minute addition to the state’s 2012-13 budget allows cities and counties to skip Brown Act requirements that they post meeting agendas 72 hours in advance. In addition, the new rules allow local boards and councils to forgo publicly disclosing actions taken during closed-session meetings.

However, school boards and governing bodies for community college districts do not have that option.  

“Obligations under the Brown Act remain fully in effect for school districts and colleges,” according to School Services of California, a consultant hired by school districts throughout the state, including Capo Unified. “Open meeting and ‘sunshine’ requirements come not only from the Brown Act but also from the education code, the California constitution, board policy and other sources.”


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