California Public Records ActCalifornia Public Records Act
KQED Sues BART for Records on Oscar Grant Shooting and Other Police Killings
State Supreme Court Denies Attempt to Block New Access to Police Misconduct, Shooting Records
KQED Joins State Supreme Court Battle for Access to Police Misconduct, Shooting Records
Lawmakers to Californians: Do as We Say, Not as We Do
Open Records Proposition Would Simply Shift Who Foots the Bill
Pérez Wants California Public Records Act Restored, But Steinberg Balks
Sponsored
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He has broken major stories about \u003ca href=\"https://www.kqed.org/news/135682/amid-a-series-of-vallejo-police-shootings-one-officers-name-stands-out\">police use of deadly force\u003c/a>, \u003ca href=\"https://www.kqed.org/news/10454955/racist-texts-prompt-sfpd-internal-investigation\">officer misconduct\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11712239/terrorist-or-troll-judge-to-weigh-whether-oakland-man-really-intended-to-attack-bay-area\">other\u003c/a> \u003ca href=\"https://www.kqed.org/news/11221414/hayward-paid-159000-to-husband-of-retired-police-chief-documents-show\">high\u003c/a>-\u003ca href=\"https://www.kqed.org/news/10622762/the-forgotten-tracking-two-homicides-in-san-francisco-public-housing\">profile\u003c/a> \u003ca href=\"https://www.kqed.org/news/11624516/federal-agency-promoted-ranger-just-months-after-his-gun-was-stolen-and-used-in-steinle-killing\">cases\u003c/a>. He co-founded the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\">California Reporting Project\u003c/a> in 2019 to obtain and report on previously confidential police internal investigations. The effort produced well over 100 original stories and changed the course of multiple criminal cases.\r\n\r\nHis work has been recognized with numerous journalism awards, including a national Edward R. Murrow award for several years of \u003ca href=\"https://www.kqed.org/news/11688481/sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions\">reporting\u003c/a> on the San Francisco Police shooting of Mario Woods. His \u003ca href=\"https://www.kqed.org/news/147854/half-of-those-killed-by-san-francisco-police-are-mentally-ill\">reporting\u003c/a> on police killings of people in psychiatric crisis was cited in amicus briefs before the U.S. Supreme Court.\r\n\r\nAlex now enjoys mentoring the next generation of journalists at KQED.","avatar":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g","twitter":"SFNewsReporter","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["editor"]},{"site":"news","roles":["editor"]},{"site":"mindshift","roles":["editor"]},{"site":"stateofhealth","roles":["editor"]},{"site":"science","roles":["administrator"]}],"headData":{"title":"Alex Emslie | KQED","description":"KQED Senior Editor","ogImgSrc":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/aemslie"},"slewis":{"type":"authors","id":"8676","meta":{"index":"authors_1591205172","id":"8676","found":true},"name":"Sukey Lewis","firstName":"Sukey","lastName":"Lewis","slug":"slewis","email":"slewis@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"KQED Contributor","bio":"Sukey Lewis is a criminal justice reporter and host of \u003cem>On Our Watch\u003c/em>, a new podcast from NPR and KQED about the shadow world of police discipline. In 2018, she co-founded the California Reporting Project, a coalition of newsrooms across the state focused on obtaining previously sealed internal affairs records from law enforcement. In addition to her reporting on police accountability, Sukey has investigated the bail bonds industry, California's wildfires and the high cost of prison phone calls. Sukey earned a master's degree in journalism from the University of California at Berkeley. Send news tips to slewis@kqed.org.","avatar":"https://secure.gravatar.com/avatar/03fd6b21024f99d8b0a1966654586de7?s=600&d=blank&r=g","twitter":"SukeyLewis","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["author","edit_others_posts"]}],"headData":{"title":"Sukey Lewis | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/03fd6b21024f99d8b0a1966654586de7?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/03fd6b21024f99d8b0a1966654586de7?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/slewis"},"rlevi":{"type":"authors","id":"11260","meta":{"index":"authors_1591205172","id":"11260","found":true},"name":"Ryan Levi","firstName":"Ryan","lastName":"Levi","slug":"rlevi","email":"rlevi@KQED.org","display_author_email":false,"staff_mastheads":[],"title":"KQED Contributor","bio":"Ryan Levi was a reporter and podcast producer at KQED News from 2016-2019. He worked on \u003ca href=\"https://www.kqed.org/news/series/baycurious\">Bay Curious\u003c/a>, \u003ca href=\"https://www.kqed.org/news/tag/the-bay/\">The Bay, \u003c/a>and \u003ca href=\"https://podcasts.apple.com/us/podcast/the-california-report-magazine/id1314750545\">The California Report Magazine\u003c/a>, as well as hosting and producing the weekly \u003ca href=\"https://www.kqed.org/news/program/qedup/\">Q'ed Up podcast. \u003c/a>He also helped inaugurate KQED's weekend news coverage in 2017 as one of two original digital producers. Ryan holds degrees in multimedia journalism and Spanish from the University of Missouri.","avatar":"https://secure.gravatar.com/avatar/4cb2ddd028ac8807d1adf09609c5555d?s=600&d=blank&r=g","twitter":"ryan_levi","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["editor"]},{"site":"news","roles":["subscriber"]},{"site":"stateofhealth","roles":["editor"]},{"site":"science","roles":["editor"]},{"site":"forum","roles":["administrator"]},{"site":"perspectives","roles":["administrator"]},{"site":"breakingnews","roles":["editor"]}],"headData":{"title":"Ryan Levi | KQED","description":"KQED 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FM","link":"/"}},"news_11861149":{"type":"posts","id":"news_11861149","meta":{"index":"posts_1591205157","site":"news","id":"11861149","score":null,"sort":[1613771527000]},"guestAuthors":[],"slug":"kqed-sues-bart-for-records-on-oscar-grant-shooting-and-other-police-killings","title":"KQED Sues BART for Records on Oscar Grant Shooting and Other Police Killings","publishDate":1613771527,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>\u003cem>Updated 2:30 p.m. Friday\u003c/em>\u003c/p>\n\u003cp>KQED is suing BART for records of the agency’s internal investigations of several police killings, including the January 2009 homicide of \u003ca href=\"https://www.kqed.org/news/tag/oscar-grant\" target=\"_blank\" rel=\"noopener noreferrer\">Oscar Grant\u003c/a> at the hands of a BART police officer.\u003c/p>\n\u003cp>The \u003ca href=\"https://beta.documentcloud.org/documents/20489067-kqed-v-bart-verified-petition-for-writ-of-mandate-2192021\" target=\"_blank\" rel=\"noopener noreferrer\">lawsuit\u003c/a>, filed Friday in Alameda County Superior Court, comes after a two-year effort and scores of emails from KQED seeking to get BART to fully comply with California's \u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\" target=\"_blank\" rel=\"noopener noreferrer\">landmark police transparency law\u003c/a>.\u003c/p>\n\u003cp>“BART has produced only a modest subset of the records” KQED has requested, the suit says. “It also has wholly failed to produce any of its own responsive audio or video records, and to date has never said when the agency intends to comply with the law and complete its release.”\u003c/p>\n\u003cp>BART spokesperson Alicia Trost said in a written statement Friday afternoon that although the agency had not seen the lawsuit, \"BART has in good faith turned over documents responsive to SB 1421 and communicated that process with stakeholders throughout.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>KQED filed the public records requests as part of the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\" target=\"_blank\" rel=\"noopener noreferrer\">California Reporting Project\u003c/a>, a coalition of 40 news organizations working collaboratively to obtain similar files throughout the state.\u003c/p>\n\u003cp>More than 12 years after Grant’s death, his family still wonders what details of the shooting have still not been released by BART.\u003c/p>\n\u003cp>“It’s a lingering heartache,” Grant’s uncle, Cephus Johnson, said in a recent interview. Johnson was instrumental in pushing for passage of Senate Bill 1421, the state’s “Right to Know Act,” which went into effect on Jan. 1, 2019.[aside postID=\"news_11854829,news_11823616,news_11717416\" label=\"Oscar Grant\" heroLink=\"https://www.kqed.org/news/tag/oscar-grant\" target=\"_blank\"]\u003c/p>\n\u003cp>Responding to news organization requests in April 2019, BART released a decade-old report on the Grant case produced by a law firm hired to investigate the shooting. The document \u003ca href=\"https://www.kqed.org/news/11744106/bart-releases-report-with-new-details-of-officers-roles-in-oscar-grant-killing\" target=\"_blank\" rel=\"noopener noreferrer\">disclosed new details\u003c/a> in a case that had rocked the Bay Area, led to a criminal homicide conviction of a BART officer and triggered widespread protests against police violence that were a forerunner of the Black Lives Matter movement.\u003c/p>\n\u003cp>The report cast doubt on former BART Police Officer Johannes Mehserle’s account of the shooting at his murder trial in Los Angeles: that he had intended to draw his Taser, not his service firearm, before shooting Grant in the back as he lay face down on a Fruitvale BART Station platform on Jan. 1, 2009.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.documentcloud.org/documents/5984249-OSCAR-GRANT-IA09A002-Final-Report-Internal/\" target=\"_blank\" rel=\"noopener noreferrer\">report\u003c/a> also found that the “willful and reckless conduct” of another former officer, Anthony Pirone, “started a cascade of events that ultimately led to the shooting.” Among other findings, the document said Pirone lied repeatedly to investigators, that he punched Grant and kneed him in the face without provocation and that he used a racial epithet during the confrontation with Grant and other men he had detained.\u003c/p>\n\u003cp>“They [BART] knew this all that time,” Johnson said. “If they knew this for the past 11 years, then all the other details of what we don't know ... they will not tell us unless they're forced to.”\u003c/p>\n\u003cp>The report released in 2019 references many more files related to the Grant shooting that have never been made public, including audio files of dozens of interviews with witnesses and responding officers, including Pirone.\u003c/p>\n\u003cp>“The videotaped killing of Oscar Grant shocked our society and forced us to confront police violence in a new way,” said Ethan Toven-Lindsey, KQED’s executive editor of news. “And yet, law enforcement agencies including BART’s police force continue to block access to documents that are of critical public interest.”\u003c/p>\n\u003cp>Alameda County District Attorney Nancy O'Malley announced in October that her office was \u003ca href=\"https://www.kqed.org/news/11841062/alameda-da-reopens-investigation-into-oscar-grant-killing-nearly-12-years-later\" target=\"_blank\" rel=\"noopener noreferrer\">reopening the criminal investigation\u003c/a> into Grant’s death, prompted by his family’s requests that prosecutors reinvestigate charges against Pirone. She \u003ca href=\"https://www.kqed.org/news/11854829/crying-out-for-justice-oscar-grants-family-vows-to-keep-fighting-after-da-declines-to-file-new-charges\" target=\"_blank\" rel=\"noopener noreferrer\">closed the investigation\u003c/a> three months later, citing a staff finding that there were insufficient legal grounds to charge Pirone as an accomplice to the killing.\u003c/p>\n\u003cp>Grant’s family has vowed to keep pushing for charges. A DA’s spokesperson recently declined interview requests, citing ongoing discussions about the case.\u003c/p>\n\u003cp>Earlier this month, BART released 26 more documents related to the case. Those included an analysis of Pirone’s shifting testimony about the incident, which formed the basis for a dishonesty finding against him.[aside postID=\"news_11744106,news_11734848,news_11840500\" hero=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/Police-Art_1.gif\" heroLink=\"https://www.kqed.org/news/tag/police-records\" target=\"_blank\"]The analysis said Pirone’s accounts called into question “his justification for deciding to arrest Grant for a 148 PC (resisting arrest) charge, a decision that led directly to the failed effort to arrest Grant and thence to the shooting.”\u003c/p>\n\u003cp>BART spokesperson Trost said Friday that the only files related to the Oscar Grant case yet to be released are audio files, which have yet to be prepared. However, analysis of the documents already provided indicates the existence of additional written records, including transcripts and disciplinary documents.\u003c/p>\n\u003cp>To date, no audio files from the Grant investigation or multimedia from any of seven additional serious use-of-force and misconduct cases have been disclosed.\u003c/p>\n\u003cp>In fact, attorneys for the agency informed KQED on Jan. 22 that BART was only then seeking a contractor to redact audio and video files.\u003c/p>\n\u003cp>\"Since SB 1421 was enacted we have been seeking an acceptable and affordable way to accomplish extensive, legally required, redaction of very large amounts of audio and visual files,\" Trost said, noting that work can be labor intensive. \"However, we are committed to finding a solution and hope to report progress on this front soon.\"\u003c/p>\n\u003cp>BART has produced almost no information on two other fatal police shootings in recent years, and provided dubious grounds for withholding those records.\u003c/p>\n\u003cp>The agency said recently that it had only a few police reports on the \u003ca href=\"https://www.kqed.org/news/124089/draft-bart-officer-shot-and-killed-while-serving-warrant-in-dublin\" target=\"_blank\" rel=\"noopener noreferrer\">2014 shooting death\u003c/a> of BART Police Sgt. Thomas Smith, who was killed when fellow Detective Michael Maes mistook him for an armed suspect during a search of a home in Dublin. BART’s own investigation into the shooting remained paused — for six years — due to “pending litigation,” according to the agency’s Jan. 22 response.\u003c/p>\n\u003cp>But BART had previously indicated that it completed an internal investigation in early 2015. Former BART Police Chief Kenton Rainey \u003ca href=\"https://www.kqed.org/news/137625/bart-police-officer-cleared-in-friendly-fire-killing-in-dublin\" target=\"_blank\" rel=\"noopener noreferrer\">said publicly\u003c/a> in mid-2014 that BART would “move forward with concluding its internal investigation of the tragedy.” And the agency \u003ca href=\"https://www.eastbaytimes.com/2016/11/18/bart-to-pay-family-of-officer-shot-killed-in-friendly-fire-3-1-million-settlement/\" target=\"_blank\" rel=\"noopener noreferrer\">settled\u003c/a> a lawsuit brought by Smith’s family in 2018.\u003c/p>\n\u003cp>BART did not respond to requests for clarification on these points, but simply repeated that “no findings or conclusions are available for that investigation.”\u003c/p>\n\u003cp>The agency has similarly argued that it has no internal investigative records related to Officer Joseph Mateu’s fatal shooting of Sahleem Tindle in 2018 because “the investigation remains tolled due to ongoing litigation.”\u003c/p>\n\u003cp>“This is the most excruciating pain and heartache that any family can go through,” Johnson said. “The idea of just knowing what happened becomes so critical in your understanding of how to begin to heal from such devastation.”\u003c/p>\n\u003cp>[documentcloud url=\"https://beta.documentcloud.org/documents/20489067-kqed-v-bart-verified-petition-for-writ-of-mandate-2192021\" responsive=true text=false]\u003c/p>\n\u003cp>\u003cem>This report was updated to include comments from BART spokesperson Alicia Trost.\u003c/em>\u003c/p>\n\u003cp>\u003cem>KQED's Sandhya Dirks contributed to this report.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cimg class=\"alignleft size-thumbnail wp-image-11786993\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png\" alt=\"\" width=\"160\" height=\"155\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-800x777.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-1020x990.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1.png 1030w\" sizes=\"(max-width: 160px) 100vw, 160px\">\u003c/a>\u003cem>This story was produced by the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\" target=\"_blank\" rel=\"noopener noreferrer\">California Reporting Project\u003c/a>, a coalition of 40 news organizations across the state. The project was formed in 2018 to request and report on previously secret records of police misconduct and use of force in California.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"Over two years after a landmark police transparency law took effect, BART has yet to produce all its internal records on several high-profile shootings, including the 2009 slaying of Oscar Grant.","status":"publish","parent":0,"modified":1613776171,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":33,"wordCount":1316},"headData":{"title":"KQED Sues BART for Records on Oscar Grant Shooting and Other Police Killings | KQED","description":"Over two years after a landmark police transparency law took effect, BART has yet to produce all its internal records on several high-profile shootings, including the 2009 slaying of Oscar Grant.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"KQED Sues BART for Records on Oscar Grant Shooting and Other Police Killings","datePublished":"2021-02-19T21:52:07.000Z","dateModified":"2021-02-19T23:09:31.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11861149 https://ww2.kqed.org/news/?p=11861149","disqusUrl":"https://ww2.kqed.org/news/2021/02/19/kqed-sues-bart-for-records-on-oscar-grant-shooting-and-other-police-killings/","disqusTitle":"KQED Sues BART for Records on Oscar Grant Shooting and Other Police Killings","path":"/news/11861149/kqed-sues-bart-for-records-on-oscar-grant-shooting-and-other-police-killings","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 2:30 p.m. Friday\u003c/em>\u003c/p>\n\u003cp>KQED is suing BART for records of the agency’s internal investigations of several police killings, including the January 2009 homicide of \u003ca href=\"https://www.kqed.org/news/tag/oscar-grant\" target=\"_blank\" rel=\"noopener noreferrer\">Oscar Grant\u003c/a> at the hands of a BART police officer.\u003c/p>\n\u003cp>The \u003ca href=\"https://beta.documentcloud.org/documents/20489067-kqed-v-bart-verified-petition-for-writ-of-mandate-2192021\" target=\"_blank\" rel=\"noopener noreferrer\">lawsuit\u003c/a>, filed Friday in Alameda County Superior Court, comes after a two-year effort and scores of emails from KQED seeking to get BART to fully comply with California's \u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\" target=\"_blank\" rel=\"noopener noreferrer\">landmark police transparency law\u003c/a>.\u003c/p>\n\u003cp>“BART has produced only a modest subset of the records” KQED has requested, the suit says. “It also has wholly failed to produce any of its own responsive audio or video records, and to date has never said when the agency intends to comply with the law and complete its release.”\u003c/p>\n\u003cp>BART spokesperson Alicia Trost said in a written statement Friday afternoon that although the agency had not seen the lawsuit, \"BART has in good faith turned over documents responsive to SB 1421 and communicated that process with stakeholders throughout.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>KQED filed the public records requests as part of the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\" target=\"_blank\" rel=\"noopener noreferrer\">California Reporting Project\u003c/a>, a coalition of 40 news organizations working collaboratively to obtain similar files throughout the state.\u003c/p>\n\u003cp>More than 12 years after Grant’s death, his family still wonders what details of the shooting have still not been released by BART.\u003c/p>\n\u003cp>“It’s a lingering heartache,” Grant’s uncle, Cephus Johnson, said in a recent interview. Johnson was instrumental in pushing for passage of Senate Bill 1421, the state’s “Right to Know Act,” which went into effect on Jan. 1, 2019.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11854829,news_11823616,news_11717416","label":"Oscar Grant ","herolink":"https://www.kqed.org/news/tag/oscar-grant","target":"_blank"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Responding to news organization requests in April 2019, BART released a decade-old report on the Grant case produced by a law firm hired to investigate the shooting. The document \u003ca href=\"https://www.kqed.org/news/11744106/bart-releases-report-with-new-details-of-officers-roles-in-oscar-grant-killing\" target=\"_blank\" rel=\"noopener noreferrer\">disclosed new details\u003c/a> in a case that had rocked the Bay Area, led to a criminal homicide conviction of a BART officer and triggered widespread protests against police violence that were a forerunner of the Black Lives Matter movement.\u003c/p>\n\u003cp>The report cast doubt on former BART Police Officer Johannes Mehserle’s account of the shooting at his murder trial in Los Angeles: that he had intended to draw his Taser, not his service firearm, before shooting Grant in the back as he lay face down on a Fruitvale BART Station platform on Jan. 1, 2009.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.documentcloud.org/documents/5984249-OSCAR-GRANT-IA09A002-Final-Report-Internal/\" target=\"_blank\" rel=\"noopener noreferrer\">report\u003c/a> also found that the “willful and reckless conduct” of another former officer, Anthony Pirone, “started a cascade of events that ultimately led to the shooting.” Among other findings, the document said Pirone lied repeatedly to investigators, that he punched Grant and kneed him in the face without provocation and that he used a racial epithet during the confrontation with Grant and other men he had detained.\u003c/p>\n\u003cp>“They [BART] knew this all that time,” Johnson said. “If they knew this for the past 11 years, then all the other details of what we don't know ... they will not tell us unless they're forced to.”\u003c/p>\n\u003cp>The report released in 2019 references many more files related to the Grant shooting that have never been made public, including audio files of dozens of interviews with witnesses and responding officers, including Pirone.\u003c/p>\n\u003cp>“The videotaped killing of Oscar Grant shocked our society and forced us to confront police violence in a new way,” said Ethan Toven-Lindsey, KQED’s executive editor of news. “And yet, law enforcement agencies including BART’s police force continue to block access to documents that are of critical public interest.”\u003c/p>\n\u003cp>Alameda County District Attorney Nancy O'Malley announced in October that her office was \u003ca href=\"https://www.kqed.org/news/11841062/alameda-da-reopens-investigation-into-oscar-grant-killing-nearly-12-years-later\" target=\"_blank\" rel=\"noopener noreferrer\">reopening the criminal investigation\u003c/a> into Grant’s death, prompted by his family’s requests that prosecutors reinvestigate charges against Pirone. She \u003ca href=\"https://www.kqed.org/news/11854829/crying-out-for-justice-oscar-grants-family-vows-to-keep-fighting-after-da-declines-to-file-new-charges\" target=\"_blank\" rel=\"noopener noreferrer\">closed the investigation\u003c/a> three months later, citing a staff finding that there were insufficient legal grounds to charge Pirone as an accomplice to the killing.\u003c/p>\n\u003cp>Grant’s family has vowed to keep pushing for charges. A DA’s spokesperson recently declined interview requests, citing ongoing discussions about the case.\u003c/p>\n\u003cp>Earlier this month, BART released 26 more documents related to the case. Those included an analysis of Pirone’s shifting testimony about the incident, which formed the basis for a dishonesty finding against him.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11744106,news_11734848,news_11840500","hero":"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/Police-Art_1.gif","herolink":"https://www.kqed.org/news/tag/police-records","target":"_blank","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The analysis said Pirone’s accounts called into question “his justification for deciding to arrest Grant for a 148 PC (resisting arrest) charge, a decision that led directly to the failed effort to arrest Grant and thence to the shooting.”\u003c/p>\n\u003cp>BART spokesperson Trost said Friday that the only files related to the Oscar Grant case yet to be released are audio files, which have yet to be prepared. However, analysis of the documents already provided indicates the existence of additional written records, including transcripts and disciplinary documents.\u003c/p>\n\u003cp>To date, no audio files from the Grant investigation or multimedia from any of seven additional serious use-of-force and misconduct cases have been disclosed.\u003c/p>\n\u003cp>In fact, attorneys for the agency informed KQED on Jan. 22 that BART was only then seeking a contractor to redact audio and video files.\u003c/p>\n\u003cp>\"Since SB 1421 was enacted we have been seeking an acceptable and affordable way to accomplish extensive, legally required, redaction of very large amounts of audio and visual files,\" Trost said, noting that work can be labor intensive. \"However, we are committed to finding a solution and hope to report progress on this front soon.\"\u003c/p>\n\u003cp>BART has produced almost no information on two other fatal police shootings in recent years, and provided dubious grounds for withholding those records.\u003c/p>\n\u003cp>The agency said recently that it had only a few police reports on the \u003ca href=\"https://www.kqed.org/news/124089/draft-bart-officer-shot-and-killed-while-serving-warrant-in-dublin\" target=\"_blank\" rel=\"noopener noreferrer\">2014 shooting death\u003c/a> of BART Police Sgt. Thomas Smith, who was killed when fellow Detective Michael Maes mistook him for an armed suspect during a search of a home in Dublin. BART’s own investigation into the shooting remained paused — for six years — due to “pending litigation,” according to the agency’s Jan. 22 response.\u003c/p>\n\u003cp>But BART had previously indicated that it completed an internal investigation in early 2015. Former BART Police Chief Kenton Rainey \u003ca href=\"https://www.kqed.org/news/137625/bart-police-officer-cleared-in-friendly-fire-killing-in-dublin\" target=\"_blank\" rel=\"noopener noreferrer\">said publicly\u003c/a> in mid-2014 that BART would “move forward with concluding its internal investigation of the tragedy.” And the agency \u003ca href=\"https://www.eastbaytimes.com/2016/11/18/bart-to-pay-family-of-officer-shot-killed-in-friendly-fire-3-1-million-settlement/\" target=\"_blank\" rel=\"noopener noreferrer\">settled\u003c/a> a lawsuit brought by Smith’s family in 2018.\u003c/p>\n\u003cp>BART did not respond to requests for clarification on these points, but simply repeated that “no findings or conclusions are available for that investigation.”\u003c/p>\n\u003cp>The agency has similarly argued that it has no internal investigative records related to Officer Joseph Mateu’s fatal shooting of Sahleem Tindle in 2018 because “the investigation remains tolled due to ongoing litigation.”\u003c/p>\n\u003cp>“This is the most excruciating pain and heartache that any family can go through,” Johnson said. “The idea of just knowing what happened becomes so critical in your understanding of how to begin to heal from such devastation.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"documentcloud","attributes":{"named":{"url":"https://beta.documentcloud.org/documents/20489067-kqed-v-bart-verified-petition-for-writ-of-mandate-2192021","responsive":"true","text":"false","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>This report was updated to include comments from BART spokesperson Alicia Trost.\u003c/em>\u003c/p>\n\u003cp>\u003cem>KQED's Sandhya Dirks contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cimg class=\"alignleft size-thumbnail wp-image-11786993\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png\" alt=\"\" width=\"160\" height=\"155\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-800x777.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-1020x990.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1.png 1030w\" sizes=\"(max-width: 160px) 100vw, 160px\">\u003c/a>\u003cem>This story was produced by the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\" target=\"_blank\" rel=\"noopener noreferrer\">California Reporting Project\u003c/a>, a coalition of 40 news organizations across the state. The project was formed in 2018 to request and report on previously secret records of police misconduct and use of force in California.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11861149/kqed-sues-bart-for-records-on-oscar-grant-shooting-and-other-police-killings","authors":["3206","8676"],"categories":["news_6188","news_8"],"tags":["news_28634","news_269","news_1528","news_4540","news_27918","news_17725","news_147","news_24767","news_22639"],"featImg":"news_11861173","label":"news"},"news_11715442":{"type":"posts","id":"news_11715442","meta":{"index":"posts_1591205157","site":"news","id":"11715442","score":null,"sort":[1546480229000]},"guestAuthors":[],"slug":"state-supreme-court-denies-attempt-to-block-new-access-to-police-misconduct-shooting-records","title":"State Supreme Court Denies Attempt to Block New Access to Police Misconduct, Shooting Records","publishDate":1546480229,"format":"image","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>\u003cem>This report contains a clarification.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Updated 5:50 p.m. Wednesday, Jan. 2.\u003c/em>\u003c/p>\n\u003cp>The California Supreme Court on Wednesday denied an \u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\">attempt\u003c/a> by a San Bernardino County sheriff's deputies' union to block public access to existing records of police misconduct and use of deadly force. Those records have for the most part been kept secret in California for decades, but that changed with a new state law that took effect on New Year's Day.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'This is an important law that will allow the public to see a lot of things that it wasn't able to see before. ... It's a good start to 2019.'\u003ccite>David Snyder,\u003cbr>\nFirst Amendment Coalition executive director\u003c/cite>\u003c/aside>\n\u003cp>Senate Bill 1421, authored by state Sen. Nancy Skinner, D-Berkeley, went into effect on Tuesday. The new law allows public access to records of sexual assault by on-duty peace officers, lying by officers on police reports or testimony, police shootings and any officer use of force resulting in serious injury or death.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11714941/kqed-joins-state-supreme-court-case-fighting-for-access-to-police-misconduct-shooting-records\">A coalition of news organizations across the state\u003c/a>, including KQED, filed California Public Records Act requests with more than 300 agencies just after midnight on Jan. 1, seeking these newly available documents.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Many statewide law enforcement organizations opposed the law, and attorneys representing law enforcement unions throughout the state \u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\" target=\"_blank\" rel=\"noopener\">filed a petition\u003c/a> on behalf of the San Bernardino sheriff's deputies' association asking the state Supreme Court to prevent agencies from turning over any records from cases originating before Jan. 1, 2019.\u003c/p>\n\u003cp>The Supreme Court denied the petition and a related request to issue a stay, which could have stopped the release of records made public by the new law throughout the state.\u003c/p>\n\u003cp>\"Fortunately, the court saw through this last-minute effort by the police union to hamstring Senate Bill 1421,\" said David Snyder, executive director of the San Rafael-based First Amendment Coalition.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Lines Drawn in Fight Over Historic Unsealing of Police Records\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/RS34537_alt_816-1180x885.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>Last week, the First Amendment Coalition, the Los Angeles Times, the California News Publishers Association and KQED filed a motion to \u003ca href=\"https://www.kqed.org/news/11714941/kqed-joins-state-supreme-court-case-fighting-for-access-to-police-misconduct-shooting-records\" target=\"_blank\" rel=\"noopener\">intervene in the case\u003c/a>, arguing that the law clearly applies to existing records. The Supreme Court also denied the motion to intervene on Wednesday, ruling it is now moot.\u003c/p>\n\u003cp>The sheriff's deputies' union expressed disappointment in a written statement issued by its president, Grant Ward.\u003c/p>\n\u003cp>\"We feel this is a statewide issue and should be considered accordingly,\" Grant said. \"As a result, we are currently seeking other legal options to protect our members.\"\u003c/p>\n\u003cp>The court did not issue a written order on the petition. That could leave some uncertainty over the law's implementation as police agencies work to produce records.\u003c/p>\n\u003cp>The law firm representing the union said the summary denial, without a formal ruling, leaves the possibility of hundreds of localized lawsuits to block the release of records throughout California.\u003c/p>\n\u003cp>\"[I]t is possible that numerous lawsuits will be pursued by peace officer labor organizations in local courts throughout the state to prevent public agencies from releasing confidential information which is prohibited by law,\" the law firm Rains, Lucia, Stern, St. Phalle & Silver said in a written statement.\u003c/p>\n\u003cp>The firm also notes a Dec. 31 ruling by the Los Angeles Superior Court, essentially granting the stay in Los Angeles that the union had sought statewide.\u003c/p>\n\u003cp>\"The legal arguments we advanced [in that case] were virtually identical to those which the Supreme Court declined to hear or consider before the issue was litigated in lower courts,\" the law firm said.\u003c/p>\n\u003cp>Skinner, the bill's author, said the law was always intended to apply to records already in existence, adding that she's open to amending the law as complications arise.\u003c/p>\n\u003cp>\"If there are appropriate adjustments, I'm open to making those,\" she said. \"But until we see it in practice, I think we can't predict what aspects of it might need appropriate adjustments.\"\u003c/p>\n\u003cp>Snyder said he expects there will be legal challenges to SB 1421 in the months ahead as the scope and extent of the new law is defined.\u003c/p>\n\u003cp>California has historically been one of the most secretive states in the country when it comes to public access to police records, dating back to the 1970s when the Legislature began shielding police disciplinary records from public view.\u003c/p>\n\u003cp>\"I'm grateful that the court issued this decision and did so promptly because this is an important law that will allow the public to see a lot of things that it wasn't able to see before,\" Snyder said. \"It's a good start to 2019.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Jan. 2: The law firm representing the sheriff's deputies' union initially misreported the date that the Los Angeles Superior Court issued a local stay. The correct date is Dec. 31, 2018, according to a clarification from the law firm, not Jan. 31, 2018, as the firm initially said.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"'This is an important law that will allow the public to see a lot of things that it wasn't able to see before,' said David Snyder, executive director of the First Amendment Coalition. 'It's a good start to 2019.'","status":"publish","parent":0,"modified":1572982284,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":24,"wordCount":815},"headData":{"title":"State Supreme Court Denies Attempt to Block New Access to Police Misconduct, Shooting Records | KQED","description":"'This is an important law that will allow the public to see a lot of things that it wasn't able to see before,' said David Snyder, executive director of the First Amendment Coalition. 'It's a good start to 2019.'","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"State Supreme Court Denies Attempt to Block New Access to Police Misconduct, Shooting Records","datePublished":"2019-01-03T01:50:29.000Z","dateModified":"2019-11-05T19:31:24.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11715442 https://ww2.kqed.org/news/?p=11715442","disqusUrl":"https://ww2.kqed.org/news/2019/01/02/state-supreme-court-denies-attempt-to-block-new-access-to-police-misconduct-shooting-records/","disqusTitle":"State Supreme Court Denies Attempt to Block New Access to Police Misconduct, Shooting Records","audioUrl":"https://www.kqed.org/.stream/anon/radio/tcr/2019/01/PoliceFilesLewistcram190103.mp3","audioTrackLength":96,"path":"/news/11715442/state-supreme-court-denies-attempt-to-block-new-access-to-police-misconduct-shooting-records","audioDuration":99000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>This report contains a clarification.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Updated 5:50 p.m. Wednesday, Jan. 2.\u003c/em>\u003c/p>\n\u003cp>The California Supreme Court on Wednesday denied an \u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\">attempt\u003c/a> by a San Bernardino County sheriff's deputies' union to block public access to existing records of police misconduct and use of deadly force. Those records have for the most part been kept secret in California for decades, but that changed with a new state law that took effect on New Year's Day.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'This is an important law that will allow the public to see a lot of things that it wasn't able to see before. ... It's a good start to 2019.'\u003ccite>David Snyder,\u003cbr>\nFirst Amendment Coalition executive director\u003c/cite>\u003c/aside>\n\u003cp>Senate Bill 1421, authored by state Sen. Nancy Skinner, D-Berkeley, went into effect on Tuesday. The new law allows public access to records of sexual assault by on-duty peace officers, lying by officers on police reports or testimony, police shootings and any officer use of force resulting in serious injury or death.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11714941/kqed-joins-state-supreme-court-case-fighting-for-access-to-police-misconduct-shooting-records\">A coalition of news organizations across the state\u003c/a>, including KQED, filed California Public Records Act requests with more than 300 agencies just after midnight on Jan. 1, seeking these newly available documents.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Many statewide law enforcement organizations opposed the law, and attorneys representing law enforcement unions throughout the state \u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\" target=\"_blank\" rel=\"noopener\">filed a petition\u003c/a> on behalf of the San Bernardino sheriff's deputies' association asking the state Supreme Court to prevent agencies from turning over any records from cases originating before Jan. 1, 2019.\u003c/p>\n\u003cp>The Supreme Court denied the petition and a related request to issue a stay, which could have stopped the release of records made public by the new law throughout the state.\u003c/p>\n\u003cp>\"Fortunately, the court saw through this last-minute effort by the police union to hamstring Senate Bill 1421,\" said David Snyder, executive director of the San Rafael-based First Amendment Coalition.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Lines Drawn in Fight Over Historic Unsealing of Police Records\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/RS34537_alt_816-1180x885.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>Last week, the First Amendment Coalition, the Los Angeles Times, the California News Publishers Association and KQED filed a motion to \u003ca href=\"https://www.kqed.org/news/11714941/kqed-joins-state-supreme-court-case-fighting-for-access-to-police-misconduct-shooting-records\" target=\"_blank\" rel=\"noopener\">intervene in the case\u003c/a>, arguing that the law clearly applies to existing records. The Supreme Court also denied the motion to intervene on Wednesday, ruling it is now moot.\u003c/p>\n\u003cp>The sheriff's deputies' union expressed disappointment in a written statement issued by its president, Grant Ward.\u003c/p>\n\u003cp>\"We feel this is a statewide issue and should be considered accordingly,\" Grant said. \"As a result, we are currently seeking other legal options to protect our members.\"\u003c/p>\n\u003cp>The court did not issue a written order on the petition. That could leave some uncertainty over the law's implementation as police agencies work to produce records.\u003c/p>\n\u003cp>The law firm representing the union said the summary denial, without a formal ruling, leaves the possibility of hundreds of localized lawsuits to block the release of records throughout California.\u003c/p>\n\u003cp>\"[I]t is possible that numerous lawsuits will be pursued by peace officer labor organizations in local courts throughout the state to prevent public agencies from releasing confidential information which is prohibited by law,\" the law firm Rains, Lucia, Stern, St. Phalle & Silver said in a written statement.\u003c/p>\n\u003cp>The firm also notes a Dec. 31 ruling by the Los Angeles Superior Court, essentially granting the stay in Los Angeles that the union had sought statewide.\u003c/p>\n\u003cp>\"The legal arguments we advanced [in that case] were virtually identical to those which the Supreme Court declined to hear or consider before the issue was litigated in lower courts,\" the law firm said.\u003c/p>\n\u003cp>Skinner, the bill's author, said the law was always intended to apply to records already in existence, adding that she's open to amending the law as complications arise.\u003c/p>\n\u003cp>\"If there are appropriate adjustments, I'm open to making those,\" she said. \"But until we see it in practice, I think we can't predict what aspects of it might need appropriate adjustments.\"\u003c/p>\n\u003cp>Snyder said he expects there will be legal challenges to SB 1421 in the months ahead as the scope and extent of the new law is defined.\u003c/p>\n\u003cp>California has historically been one of the most secretive states in the country when it comes to public access to police records, dating back to the 1970s when the Legislature began shielding police disciplinary records from public view.\u003c/p>\n\u003cp>\"I'm grateful that the court issued this decision and did so promptly because this is an important law that will allow the public to see a lot of things that it wasn't able to see before,\" Snyder said. \"It's a good start to 2019.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Jan. 2: The law firm representing the sheriff's deputies' union initially misreported the date that the Los Angeles Superior Court issued a local stay. The correct date is Dec. 31, 2018, according to a clarification from the law firm, not Jan. 31, 2018, as the firm initially said.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11715442/state-supreme-court-denies-attempt-to-block-new-access-to-police-misconduct-shooting-records","authors":["8676","3206","11260"],"programs":["news_72"],"categories":["news_6188","news_8","news_13"],"tags":["news_4540","news_548","news_25303","news_3322","news_24767","news_24725","news_4379"],"featImg":"news_11715457","label":"news_72"},"news_11714941":{"type":"posts","id":"news_11714941","meta":{"index":"posts_1591205157","site":"news","id":"11714941","score":null,"sort":[1546044269000]},"guestAuthors":[],"slug":"kqed-joins-state-supreme-court-case-fighting-for-access-to-police-misconduct-shooting-records","title":"KQED Joins State Supreme Court Battle for Access to Police Misconduct, Shooting Records","publishDate":1546044269,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>\u003cem>Updated 6:35 p.m. Friday, Dec. 28\u003c/em>\u003c/p>\n\u003cp>A coalition of news and legal organizations, including KQED, are attempting to intervene in a case before the California Supreme Court. The media groups say they are hoping to defend access to police misconduct and serious use-of-force records set to be unsealed by a new state law on Jan. 1.\u003c/p>\n\u003cp>That new law — Senate Bill 1421 — would allow public access to records of sexual assault by on-duty law enforcement officers, lying by officers in their official duties, police shootings and any officer use of force resulting in serious injury or death.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'Obviously, the Legislature wanted to open up police misconduct files, irrespective of when they were created. The police union's rushed and last-minute effort should be promptly denied by the Supreme Court.'\u003ccite>David Snyder,\u003cbr>First Amendment Coalition Executive Director\u003c/cite>\u003c/aside>\n\u003cp>But last week, less than two weeks before it was set to go into effect, a San Bernardino County sheriff's deputies' union asked the state Supreme Court to act before New Year’s Day and block access to all existing police misconduct and major use-of-force records throughout the state.\u003c/p>\n\u003cp>That effort, led by longtime California police union law firm Rains, Lucia, Stern, St. Phalle & Silver, asserts that the law means the public should only get access to records about future police shooting and serious misconduct cases.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Attorney Michael Rains, who represents police unions, said the motion makes \"good arguments, frankly, to be allowed to intervene in this case,\" but he disputes the underlying arguments that the law should apply to past cases.\u003c/p>\n\u003cp>The San Rafael-based First Amendment Coalition led the opposition \u003ca href=\"https://firstamendmentcoalition.org/wp-content/uploads/2018/12/2018-12-28-Proposed-Intervenors-Notice-of-Motion-and-Motion-for-Leave-to-Intervene.pdf\" target=\"_blank\" rel=\"noopener\">brief filed Friday\u003c/a>, joined by the Los Angeles Times, the California News Publishers Association and KQED. The filing argues that the law was always meant to be retroactive, and that blocking access to existing records would undermine the legislature’s intent to \"promote public scrutiny of, and accountability for, law enforcement.\"\u003c/p>\n\u003cp>It's unclear when and how the Supreme Court will act on the petition, which requests emergency intervention before Jan. 1.\u003c/p>\n\u003cp>\"It's clear this is not what the Legislature intended with this sweeping and landmark legislation,\" FAC Executive Director David Snyder said in a written statement. \"Obviously, the Legislature wanted to open up police misconduct files, irrespective of when they were created. The police union's rushed and last-minute effort should be promptly denied by the Supreme Court. The public deserves to see these records and has a legal right to do so as of January 1.\"\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Lines Drawn in Fight Over Historic Unsealing of Police Records\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/RS34537_alt_816-1180x885.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>Applying the law only to future cases would \"defeat or severely constrain the purpose of the legislation, by preventing disclosure of the information necessary to determine whether particular officials have a pattern or practice of misconduct, and whether the agencies that employ them are permitting such patterns to continue,\" the motion to intervene and the supporting filings say.\u003c/p>\n\u003cp>According to the filings, the coalition of news organizations is seeking to intervene in the case to defend the public's interest in preserving transparency, accountability and access to police records. San Bernardino County, the technical target of the petition to block access to past cases, is mainly concerned with complying with the California Public Records Act, not defending SB 1421, the opposition argues.\u003c/p>\n\u003cp>San Bernardino County has not yet filed a response in the case. Rains said he expected that opposition filing this week, and it's unclear where the case stands.\u003c/p>\n\u003cp>\"This would be the time where I would hope my fellow lawyers who are justices on the Supreme Court work the weekend,\" he said, adding that he expects action from the court by Monday. \"Given the nature of the action requested and given the impact of them taking no action, I would expect they'll say something.\"\u003c/p>\n\u003cp>The news organizations are also seeking an order from the Supreme Court to bar police agencies from destroying applicable records while the court considers the petition.\u003c/p>\n\u003cp>From the filing: \"There is also a very real danger that agencies will use any additional time to shred old records of investigations into police use of force and findings of dishonesty and sexual assault, rather than be forced to disclose them.\"\u003c/p>\n\u003cp>The filing cites a Dec. 11 move by Inglewood city and police leadership to destroy internal affairs case records related to shootings and misconduct older than 5 years. The Police Department had records dating back to 1991.\u003c/p>\n\u003cp>\"The city’s decision attracted more than routine notice because of its timing and because it represented a change in city policy,\" the \u003ca href=\"https://www.latimes.com/local/lanow/la-me-ln-inglewood-protest-20181223-story.html\" target=\"_blank\" rel=\"noopener\">Los Angeles Times\u003c/a>, which broke the story last week, reports. \"Until this month, Inglewood required the Police Department to retain records on shootings involving officers for 25 years after the close of an investigation. Records of other internal investigations were to be kept six years.\"\u003c/p>\n\u003cp>Finally, the opposition disputes the union's argument that state law enshrines California peace officers with heightened privacy protections.\u003c/p>\n\u003cp>\"[C]ontrary to Petitioner's contention, neither peace officer personnel records nor information obtained therefrom have ever been sacrosanct under either California constitutional or statutory law,\" the motion to intervene says.\u003c/p>\n\u003cp>The state Attorney General's Office may also defend the new law, but the office has been unclear on when, or whether, it plans to act.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"The California Department of Justice defends the constitutionality of state statutes,” the Attorney General’s Office wrote in an emailed response to questions about if and when it would file in the case. “If there is a challenge to the constitutionality of SB 1421, the Attorney General's office will likely be involved in defending the statute.\"\u003c/p>\n\n","blocks":[],"excerpt":"A sheriff's deputies' union in San Bernardino County asked the state Supreme Court to block a new landmark law's application to past police misconduct and deadly force cases. KQED is part of a coalition of news and legal organizations opposing that petition.","status":"publish","parent":0,"modified":1546893007,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":962},"headData":{"title":"KQED Joins State Supreme Court Battle for Access to Police Misconduct, Shooting Records | KQED","description":"A sheriff's deputies' union in San Bernardino County asked the state Supreme Court to block a new landmark law's application to past police misconduct and deadly force cases. KQED is part of a coalition of news and legal organizations opposing that petition.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"KQED Joins State Supreme Court Battle for Access to Police Misconduct, Shooting Records","datePublished":"2018-12-29T00:44:29.000Z","dateModified":"2019-01-07T20:30:07.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11714941 https://ww2.kqed.org/news/?p=11714941","disqusUrl":"https://ww2.kqed.org/news/2018/12/28/kqed-joins-state-supreme-court-case-fighting-for-access-to-police-misconduct-shooting-records/","disqusTitle":"KQED Joins State Supreme Court Battle for Access to Police Misconduct, Shooting Records","path":"/news/11714941/kqed-joins-state-supreme-court-case-fighting-for-access-to-police-misconduct-shooting-records","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 6:35 p.m. Friday, Dec. 28\u003c/em>\u003c/p>\n\u003cp>A coalition of news and legal organizations, including KQED, are attempting to intervene in a case before the California Supreme Court. The media groups say they are hoping to defend access to police misconduct and serious use-of-force records set to be unsealed by a new state law on Jan. 1.\u003c/p>\n\u003cp>That new law — Senate Bill 1421 — would allow public access to records of sexual assault by on-duty law enforcement officers, lying by officers in their official duties, police shootings and any officer use of force resulting in serious injury or death.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'Obviously, the Legislature wanted to open up police misconduct files, irrespective of when they were created. The police union's rushed and last-minute effort should be promptly denied by the Supreme Court.'\u003ccite>David Snyder,\u003cbr>First Amendment Coalition Executive Director\u003c/cite>\u003c/aside>\n\u003cp>But last week, less than two weeks before it was set to go into effect, a San Bernardino County sheriff's deputies' union asked the state Supreme Court to act before New Year’s Day and block access to all existing police misconduct and major use-of-force records throughout the state.\u003c/p>\n\u003cp>That effort, led by longtime California police union law firm Rains, Lucia, Stern, St. Phalle & Silver, asserts that the law means the public should only get access to records about future police shooting and serious misconduct cases.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Attorney Michael Rains, who represents police unions, said the motion makes \"good arguments, frankly, to be allowed to intervene in this case,\" but he disputes the underlying arguments that the law should apply to past cases.\u003c/p>\n\u003cp>The San Rafael-based First Amendment Coalition led the opposition \u003ca href=\"https://firstamendmentcoalition.org/wp-content/uploads/2018/12/2018-12-28-Proposed-Intervenors-Notice-of-Motion-and-Motion-for-Leave-to-Intervene.pdf\" target=\"_blank\" rel=\"noopener\">brief filed Friday\u003c/a>, joined by the Los Angeles Times, the California News Publishers Association and KQED. The filing argues that the law was always meant to be retroactive, and that blocking access to existing records would undermine the legislature’s intent to \"promote public scrutiny of, and accountability for, law enforcement.\"\u003c/p>\n\u003cp>It's unclear when and how the Supreme Court will act on the petition, which requests emergency intervention before Jan. 1.\u003c/p>\n\u003cp>\"It's clear this is not what the Legislature intended with this sweeping and landmark legislation,\" FAC Executive Director David Snyder said in a written statement. \"Obviously, the Legislature wanted to open up police misconduct files, irrespective of when they were created. The police union's rushed and last-minute effort should be promptly denied by the Supreme Court. The public deserves to see these records and has a legal right to do so as of January 1.\"\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Lines Drawn in Fight Over Historic Unsealing of Police Records\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/RS34537_alt_816-1180x885.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>Applying the law only to future cases would \"defeat or severely constrain the purpose of the legislation, by preventing disclosure of the information necessary to determine whether particular officials have a pattern or practice of misconduct, and whether the agencies that employ them are permitting such patterns to continue,\" the motion to intervene and the supporting filings say.\u003c/p>\n\u003cp>According to the filings, the coalition of news organizations is seeking to intervene in the case to defend the public's interest in preserving transparency, accountability and access to police records. San Bernardino County, the technical target of the petition to block access to past cases, is mainly concerned with complying with the California Public Records Act, not defending SB 1421, the opposition argues.\u003c/p>\n\u003cp>San Bernardino County has not yet filed a response in the case. Rains said he expected that opposition filing this week, and it's unclear where the case stands.\u003c/p>\n\u003cp>\"This would be the time where I would hope my fellow lawyers who are justices on the Supreme Court work the weekend,\" he said, adding that he expects action from the court by Monday. \"Given the nature of the action requested and given the impact of them taking no action, I would expect they'll say something.\"\u003c/p>\n\u003cp>The news organizations are also seeking an order from the Supreme Court to bar police agencies from destroying applicable records while the court considers the petition.\u003c/p>\n\u003cp>From the filing: \"There is also a very real danger that agencies will use any additional time to shred old records of investigations into police use of force and findings of dishonesty and sexual assault, rather than be forced to disclose them.\"\u003c/p>\n\u003cp>The filing cites a Dec. 11 move by Inglewood city and police leadership to destroy internal affairs case records related to shootings and misconduct older than 5 years. The Police Department had records dating back to 1991.\u003c/p>\n\u003cp>\"The city’s decision attracted more than routine notice because of its timing and because it represented a change in city policy,\" the \u003ca href=\"https://www.latimes.com/local/lanow/la-me-ln-inglewood-protest-20181223-story.html\" target=\"_blank\" rel=\"noopener\">Los Angeles Times\u003c/a>, which broke the story last week, reports. \"Until this month, Inglewood required the Police Department to retain records on shootings involving officers for 25 years after the close of an investigation. Records of other internal investigations were to be kept six years.\"\u003c/p>\n\u003cp>Finally, the opposition disputes the union's argument that state law enshrines California peace officers with heightened privacy protections.\u003c/p>\n\u003cp>\"[C]ontrary to Petitioner's contention, neither peace officer personnel records nor information obtained therefrom have ever been sacrosanct under either California constitutional or statutory law,\" the motion to intervene says.\u003c/p>\n\u003cp>The state Attorney General's Office may also defend the new law, but the office has been unclear on when, or whether, it plans to act.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"The California Department of Justice defends the constitutionality of state statutes,” the Attorney General’s Office wrote in an emailed response to questions about if and when it would file in the case. “If there is a challenge to the constitutionality of SB 1421, the Attorney General's office will likely be involved in defending the statute.\"\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11714941/kqed-joins-state-supreme-court-case-fighting-for-access-to-police-misconduct-shooting-records","authors":["3206","8676"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_4540","news_548","news_25303","news_3322","news_24767","news_4379"],"featImg":"news_11714943","label":"news_72"},"news_11631406":{"type":"posts","id":"news_11631406","meta":{"index":"posts_1591205157","site":"news","id":"11631406","score":null,"sort":[1510866869000]},"guestAuthors":[],"slug":"lawmakers-to-californians-do-as-we-say-not-as-we-do","title":"Lawmakers to Californians: Do as We Say, Not as We Do","publishDate":1510866869,"format":"image","headTitle":"The California Report | KQED News","labelTerm":{},"content":"\u003cp>With a declaration that “public servants best serve the citizenry when they can be candid and honest without reservation in conducting the people’s business,” lawmakers passed the California Whistleblower Protection Act in 1999.\u003c/p>\n\u003cp>The idea was to protect workers who report misconduct, so that they can blow the whistle on bad actors without losing their jobs. The bill at that time covered workers at state agencies and California’s two public university systems. Lawmakers expanded it in 2010 to cover employees of the state’s courts.\u003c/p>\n\u003cp>But one group of California government workers has never had whistleblower protection under the law: those who work for the lawmakers themselves. It’s an example of how the Legislature sometimes imposes laws on other people that it doesn’t adhere to itself.\u003c/p>\n\u003cp>“Lawmakers make laws that affect all of us, including them, and they are softening the blow of regulations for themselves,” said Jessica Levinson, a professor at Loyola Law School who chairs the Los Angeles Ethics Commission.\u003c/p>\n\u003cp>“It feels like double talk.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The Legislature’s exemption from the Whistleblower Protection Act has garnered attention in recent weeks, as a groundswell of women complaining of \u003ca href=\"http://www.latimes.com/politics/la-pol-ca-women-harassment-capitol-20171017-story.html\">pervasive sexual harassment\u003c/a> in the state Capitol \u003ca href=\"https://www.cadem.org/news/press-releases/2017/california-democratic-party-statement-from-cdp-womens-caucus-chair-christine-pelosi-on-sexual-harassment-in-politics\">publicly call\u003c/a> for such protections for legislative employees.\u003c/p>\n\u003cp>[contextly_sidebar id=\"zfjSsmeCIZQYm8TpAkJoTZ3YH4zqc0FP\"]\u003c/p>\n\u003cp>But the whistleblower act isn’t the only area of the law in which the Legislature has demonstrated a “do as I say, not as I do” mentality:\u003c/p>\n\u003ch2>Public Records\u003c/h2>\n\u003cp>Want to know whom government officials are meeting with, talking to or emailing? Or how officials were disciplined after an investigation found them culpable of wrongdoing?\u003c/p>\n\u003cp>State agencies and local governments must release such information—calendars, emails and disciplinary records—under the California Public Records Act, which the Legislature created in 1968. But the same information is nearly impossible to get from state lawmakers because the Public Records Act does not apply to the Legislature.\u003c/p>\n\u003cp>Instead, lawmakers are covered by the Legislative Open Records Act, which they passed in 1975 in the wake of the Watergate scandal. The act that applies to them is riddled with exceptions, effectively keeping secret many documents that other branches of government must disclose.\u003c/p>\n\u003cp>“The Legislature has created, in many areas, a black box where the public can’t see records it would be entitled to see if the public officials at issue weren’t in the Legislature,” said David Snyder, executive director of the First Amendment Coalition, a nonprofit organization advocating government transparency.\u003c/p>\n\u003cp>The Legislature’s open-records law allows it to withhold investigations of wrongdoing, even when they led to disciplinary action. It also keeps secret correspondence by lawmakers and their staff, as well as officials’ calendars. The Legislature even refused to give reporters the calendars of two senators undergoing federal prosecution on corruption charges, until media companies sued and won \u003ca href=\"http://www.dailynews.com/2015/06/04/los-angeles-news-group-prevails-in-final-ruling-on-yee-calderon-calendars/\">a court order\u003c/a> compelling their release.\u003c/p>\n\u003cp>[contextly_sidebar id=\"FkQHv2bO0BXPQy9z38DegpxP2kImBdxq\"]\u003c/p>\n\u003cp>Another difference: As more government agencies began storing information electronically, the Legislature updated the Public Records Act in 2000 to compel disclosure of digital records. Now state agencies and local governments must provide public records in any format in which they exist. That gives the public access to electronic records, such as databases, in their original digital format.\u003c/p>\n\u003cp>But the Legislature has never made the same update to its own open-records act. \"It was a non-starter,\" former Assemblyman Kevin Shelley told \u003ca href=\"http://www.sacbee.com/news/investigations/the-public-eye/article14446568.html\">the Sacramento Bee\u003c/a> in 2015.\u003c/p>\n\u003ch2>Open Meetings\u003c/h2>\n\u003cp>The idea that government meetings should be open to the public, and designed to welcome public input, has been enshrined in California law for more than 60 years. In 1953, the Legislature passed the open-meeting law that applies to local governments, and in 1967 it passed a similar one for state agencies.\u003c/p>\n\u003cp>Yet the 1973 law it passed requiring open meetings of the Legislature \u003ca href=\"https://firstamendmentcoalition.org/2014/10/aa-open-meeting-law-covers-ca-legislature/\">does not follow\u003c/a> the same rules. One major difference: It allows legislators to gather secretly in partisan caucuses.\u003c/p>\n\u003cp>When contentious issues hit the floor of the Assembly or the Senate, it’s common for one political party or the other to pause proceedings and call for a caucus. Legislators file out of the chamber and into two private meeting rooms where Democrats and Republicans separately gather for conversations that exclude the public and the press. They can hash out disagreements or craft strategy behind closed doors, then return to the chamber to publicly cast their votes.\u003c/p>\n\u003cp>Local governments, such as city councils, cannot do this. With a few limited exceptions, state law forbids a majority of a local board from gathering privately precisely because it shuts the public out of the decision-making process.\u003c/p>\n\u003cp>“I always remember county supervisors being rankled,” said Peter Detwiler, a retired long-time staffer to the state Senate’s local government committee. “‘You guys put these rules on us and you don’t ever put rules like that on yourself.’”\u003c/p>\n\u003cfigure id=\"attachment_11631415\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/11/StateSenatorsChambers-800x533.jpg\" alt=\"California state senators weigh a new state budget in June, 2015.\" width=\"800\" height=\"533\" class=\"size-medium wp-image-11631415\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/11/StateSenatorsChambers-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/StateSenatorsChambers-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/StateSenatorsChambers-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/StateSenatorsChambers.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/StateSenatorsChambers-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/StateSenatorsChambers-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/StateSenatorsChambers-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/StateSenatorsChambers-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/StateSenatorsChambers-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">California state senators weigh a new state budget in June, 2015. \u003ccite>(Max Whittaker/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The same laws also slow down decision-making by local governments and state agencies so that the public can weigh in. Local governments must give at least three days notice before taking action, while state agencies have to post agendas 10 days in advance.\u003c/p>\n\u003cp>Legislators, until this year, did not have the same constraints. Though most bills go through a months-long process of public deliberations, a handful of bills each session were written just hours before lawmakers cast votes on them, leaving the public no time to offer their input. Democrats who control the Legislature said the last-minute lawmaking allowed them to put together sensitive compromises that could have blown up with more public scrutiny.\u003c/p>\n\u003cp>But voters grew frustrated with the secrecy. A Republican donor worked with non-partisan good-government groups to put \u003ca href=\"https://calmatters.org/articles/proposition-54-last-minute-lawmaking/\">Proposition 54\u003c/a> on last year’s ballot, requiring that bills be written and posted online for at least three days before lawmakers can vote on them. The result: voters \u003ca href=\"https://calmatters.org/articles/difference-three-days-makes-voters-shook-californias-legislature/\">put a rule\u003c/a> on legislators that the politicians wouldn’t put on themselves.\u003c/p>\n\u003ch2>Out of State Travel\u003c/h2>\n\u003cp>With culture wars raging nationally over transgender rights, California’s liberal Legislature last year passed a law banning state-funded travel to states with laws that discriminate against gay or transgender people. Eight states are now on California’s no-go list. Some have laws that could forbid LGBT people from adopting children or exclude gay students from some school clubs; others have banned anti-discrimination policies that would allow transgender people to use the bathroom that matches their identity.\u003c/p>\n\u003cp>Yet while legislators have \u003ca href=\"https://www.oag.ca.gov/ab1887/faqs\">banned state-sponsored travel\u003c/a> to Alabama, Kansas, Kentucky, Mississippi, North Carolina, South Dakota, Tennessee and Texas, they haven’t stopped traveling to those places themselves. In June, Democratic Sen. Ricardo Lara \u003ca href=\"http://www.latimes.com/politics/essential/la-pol-ca-essential-politics-updates-california-politicians-are-in-dallas-1498254488-htmlstory.html\">traveled to Texas\u003c/a> for a conference of Latino government officials. Soon after, Democratic Sen. Bob Hertzberg \u003ca href=\"https://calmatters.org/articles/fix-unfair-bail-system-will-california-copy-kentucky/\">went to Kentucky\u003c/a> to study the state’s bail system.\u003c/p>\n\u003cp>Hertzberg was working on legislation to overhaul bail in California, and “felt it critical to observe first-hand the impact of bail reform in (Kentucky), which has a very well-established system of pretrial release,” his chief of staff Diane Griffiths wrote in an email.\u003c/p>\n\u003cfigure id=\"attachment_11631418\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/11/Hertzberg-800x487.jpg\" alt=\"Sen. Bob Hertzberg went to Kentucky to study its bail system, a state the Legislature has barred state-funded travel to. Hertzberg had to use non-tax dollars to get there.\" width=\"800\" height=\"487\" class=\"size-medium wp-image-11631418\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/11/Hertzberg-800x487.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/Hertzberg-160x97.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/Hertzberg-1020x621.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/Hertzberg.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/Hertzberg-1180x718.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/Hertzberg-960x585.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/Hertzberg-240x146.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/Hertzberg-375x228.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/Hertzberg-520x317.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sen. Bob Hertzberg went to Kentucky to study its bail system, a state the Legislature has barred state-funded travel to. Hertzberg had to use non-tax dollars to get there. \u003ccite>(Max Whittaker/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The travel-ban bill does not exempt lawmakers—a late amendment actually specifies that it also applies to the Legislature—so how are these trips taking place? Lawmakers are getting around the law by using campaign funds (not tax-dollars) to pay for them.\u003c/p>\n\u003cp>The Legislature’s leaders declined to defend the exemptions, but in the past lawmakers have contended that they are justified because of the unique role of a law-making body and the need to protect legislators’ security. As far as critics are concerned, legislators get away with making exceptions for themselves because they know their hypocrisy won’t attract enough notice to generate mass outrage.\u003c/p>\n\u003cp>Right now there’s plenty of attention on the Legislature over its policies for dealing with sexual harassment—and some debate about whether extending the whistleblower act would help remedy the problem.\u003c/p>\n\u003cp>[contextly_sidebar id=\"jYSnVIq2Acje3CXFdEuHEJucP37OkXU8\"]\u003c/p>\n\u003cp>As is, the Legislature has internal personnel policies that forbid retaliation, and legislative employees are also covered by a different state law that prohibits retaliation for complaining about discrimination or harassment. But the whistleblower act goes even further, laying out a process for workers to \u003ca href=\"https://www.auditor.ca.gov/hotline\">confidentially file complaints\u003c/a> to the independent state auditor.\u003c/p>\n\u003cp>Lawmakers will yet again consider a bill giving whistleblower protection to legislative staff when they return to Sacramento next year. GOP Assemblywoman Melissa Melendez of Lake Elsinore plans to re-introduce a measure that has \u003ca href=\"https://calmatters.org/articles/capitol-hit-reports-sexual-harassment-assault-will-lawmakers-make-changes/\">stalled in the past\u003c/a>. And—in a nod to some who say her bill wouldn’t apply to employees reporting sexual harassment—she said she’ll add language explicitly stating that it does.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003ca href=\"http://calmatters.org\">\u003cem>CALmatters.org\u003c/em>\u003c/a>\u003cem> is a nonprofit, nonpartisan media venture explaining California policies and politics.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"One group of state workers that's never had whistleblower protection? Those who work for the lawmakers. That's garnering attention as a groundswell of women complain of pervasive sexual harassment in Sacramento.","status":"publish","parent":0,"modified":1510866869,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":36,"wordCount":1557},"headData":{"title":"Lawmakers to Californians: Do as We Say, Not as We Do | KQED","description":"One group of state workers that's never had whistleblower protection? Those who work for the lawmakers. That's garnering attention as a groundswell of women complain of pervasive sexual harassment in Sacramento.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Lawmakers to Californians: Do as We Say, Not as We Do","datePublished":"2017-11-16T21:14:29.000Z","dateModified":"2017-11-16T21:14:29.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11631406 https://ww2.kqed.org/news/?p=11631406","disqusUrl":"https://ww2.kqed.org/news/2017/11/16/lawmakers-to-californians-do-as-we-say-not-as-we-do/","disqusTitle":"Lawmakers to Californians: Do as We Say, Not as We Do","source":"CALmatters","sourceUrl":"https://calmatters.org/","nprByline":"\u003cstrong>\u003ca href=\"https://calmatters.org/articles/author/laurel-rosenhall/\">Laurel Rosenhall\u003c/a>\u003c/strong>","path":"/news/11631406/lawmakers-to-californians-do-as-we-say-not-as-we-do","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>With a declaration that “public servants best serve the citizenry when they can be candid and honest without reservation in conducting the people’s business,” lawmakers passed the California Whistleblower Protection Act in 1999.\u003c/p>\n\u003cp>The idea was to protect workers who report misconduct, so that they can blow the whistle on bad actors without losing their jobs. The bill at that time covered workers at state agencies and California’s two public university systems. Lawmakers expanded it in 2010 to cover employees of the state’s courts.\u003c/p>\n\u003cp>But one group of California government workers has never had whistleblower protection under the law: those who work for the lawmakers themselves. It’s an example of how the Legislature sometimes imposes laws on other people that it doesn’t adhere to itself.\u003c/p>\n\u003cp>“Lawmakers make laws that affect all of us, including them, and they are softening the blow of regulations for themselves,” said Jessica Levinson, a professor at Loyola Law School who chairs the Los Angeles Ethics Commission.\u003c/p>\n\u003cp>“It feels like double talk.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The Legislature’s exemption from the Whistleblower Protection Act has garnered attention in recent weeks, as a groundswell of women complaining of \u003ca href=\"http://www.latimes.com/politics/la-pol-ca-women-harassment-capitol-20171017-story.html\">pervasive sexual harassment\u003c/a> in the state Capitol \u003ca href=\"https://www.cadem.org/news/press-releases/2017/california-democratic-party-statement-from-cdp-womens-caucus-chair-christine-pelosi-on-sexual-harassment-in-politics\">publicly call\u003c/a> for such protections for legislative employees.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>But the whistleblower act isn’t the only area of the law in which the Legislature has demonstrated a “do as I say, not as I do” mentality:\u003c/p>\n\u003ch2>Public Records\u003c/h2>\n\u003cp>Want to know whom government officials are meeting with, talking to or emailing? Or how officials were disciplined after an investigation found them culpable of wrongdoing?\u003c/p>\n\u003cp>State agencies and local governments must release such information—calendars, emails and disciplinary records—under the California Public Records Act, which the Legislature created in 1968. But the same information is nearly impossible to get from state lawmakers because the Public Records Act does not apply to the Legislature.\u003c/p>\n\u003cp>Instead, lawmakers are covered by the Legislative Open Records Act, which they passed in 1975 in the wake of the Watergate scandal. The act that applies to them is riddled with exceptions, effectively keeping secret many documents that other branches of government must disclose.\u003c/p>\n\u003cp>“The Legislature has created, in many areas, a black box where the public can’t see records it would be entitled to see if the public officials at issue weren’t in the Legislature,” said David Snyder, executive director of the First Amendment Coalition, a nonprofit organization advocating government transparency.\u003c/p>\n\u003cp>The Legislature’s open-records law allows it to withhold investigations of wrongdoing, even when they led to disciplinary action. It also keeps secret correspondence by lawmakers and their staff, as well as officials’ calendars. The Legislature even refused to give reporters the calendars of two senators undergoing federal prosecution on corruption charges, until media companies sued and won \u003ca href=\"http://www.dailynews.com/2015/06/04/los-angeles-news-group-prevails-in-final-ruling-on-yee-calderon-calendars/\">a court order\u003c/a> compelling their release.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Another difference: As more government agencies began storing information electronically, the Legislature updated the Public Records Act in 2000 to compel disclosure of digital records. Now state agencies and local governments must provide public records in any format in which they exist. That gives the public access to electronic records, such as databases, in their original digital format.\u003c/p>\n\u003cp>But the Legislature has never made the same update to its own open-records act. \"It was a non-starter,\" former Assemblyman Kevin Shelley told \u003ca href=\"http://www.sacbee.com/news/investigations/the-public-eye/article14446568.html\">the Sacramento Bee\u003c/a> in 2015.\u003c/p>\n\u003ch2>Open Meetings\u003c/h2>\n\u003cp>The idea that government meetings should be open to the public, and designed to welcome public input, has been enshrined in California law for more than 60 years. In 1953, the Legislature passed the open-meeting law that applies to local governments, and in 1967 it passed a similar one for state agencies.\u003c/p>\n\u003cp>Yet the 1973 law it passed requiring open meetings of the Legislature \u003ca href=\"https://firstamendmentcoalition.org/2014/10/aa-open-meeting-law-covers-ca-legislature/\">does not follow\u003c/a> the same rules. One major difference: It allows legislators to gather secretly in partisan caucuses.\u003c/p>\n\u003cp>When contentious issues hit the floor of the Assembly or the Senate, it’s common for one political party or the other to pause proceedings and call for a caucus. Legislators file out of the chamber and into two private meeting rooms where Democrats and Republicans separately gather for conversations that exclude the public and the press. They can hash out disagreements or craft strategy behind closed doors, then return to the chamber to publicly cast their votes.\u003c/p>\n\u003cp>Local governments, such as city councils, cannot do this. With a few limited exceptions, state law forbids a majority of a local board from gathering privately precisely because it shuts the public out of the decision-making process.\u003c/p>\n\u003cp>“I always remember county supervisors being rankled,” said Peter Detwiler, a retired long-time staffer to the state Senate’s local government committee. “‘You guys put these rules on us and you don’t ever put rules like that on yourself.’”\u003c/p>\n\u003cfigure id=\"attachment_11631415\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/11/StateSenatorsChambers-800x533.jpg\" alt=\"California state senators weigh a new state budget in June, 2015.\" width=\"800\" height=\"533\" class=\"size-medium wp-image-11631415\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/11/StateSenatorsChambers-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/StateSenatorsChambers-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/StateSenatorsChambers-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/StateSenatorsChambers.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/StateSenatorsChambers-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/StateSenatorsChambers-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/StateSenatorsChambers-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/StateSenatorsChambers-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/StateSenatorsChambers-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">California state senators weigh a new state budget in June, 2015. \u003ccite>(Max Whittaker/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The same laws also slow down decision-making by local governments and state agencies so that the public can weigh in. Local governments must give at least three days notice before taking action, while state agencies have to post agendas 10 days in advance.\u003c/p>\n\u003cp>Legislators, until this year, did not have the same constraints. Though most bills go through a months-long process of public deliberations, a handful of bills each session were written just hours before lawmakers cast votes on them, leaving the public no time to offer their input. Democrats who control the Legislature said the last-minute lawmaking allowed them to put together sensitive compromises that could have blown up with more public scrutiny.\u003c/p>\n\u003cp>But voters grew frustrated with the secrecy. A Republican donor worked with non-partisan good-government groups to put \u003ca href=\"https://calmatters.org/articles/proposition-54-last-minute-lawmaking/\">Proposition 54\u003c/a> on last year’s ballot, requiring that bills be written and posted online for at least three days before lawmakers can vote on them. The result: voters \u003ca href=\"https://calmatters.org/articles/difference-three-days-makes-voters-shook-californias-legislature/\">put a rule\u003c/a> on legislators that the politicians wouldn’t put on themselves.\u003c/p>\n\u003ch2>Out of State Travel\u003c/h2>\n\u003cp>With culture wars raging nationally over transgender rights, California’s liberal Legislature last year passed a law banning state-funded travel to states with laws that discriminate against gay or transgender people. Eight states are now on California’s no-go list. Some have laws that could forbid LGBT people from adopting children or exclude gay students from some school clubs; others have banned anti-discrimination policies that would allow transgender people to use the bathroom that matches their identity.\u003c/p>\n\u003cp>Yet while legislators have \u003ca href=\"https://www.oag.ca.gov/ab1887/faqs\">banned state-sponsored travel\u003c/a> to Alabama, Kansas, Kentucky, Mississippi, North Carolina, South Dakota, Tennessee and Texas, they haven’t stopped traveling to those places themselves. In June, Democratic Sen. Ricardo Lara \u003ca href=\"http://www.latimes.com/politics/essential/la-pol-ca-essential-politics-updates-california-politicians-are-in-dallas-1498254488-htmlstory.html\">traveled to Texas\u003c/a> for a conference of Latino government officials. Soon after, Democratic Sen. Bob Hertzberg \u003ca href=\"https://calmatters.org/articles/fix-unfair-bail-system-will-california-copy-kentucky/\">went to Kentucky\u003c/a> to study the state’s bail system.\u003c/p>\n\u003cp>Hertzberg was working on legislation to overhaul bail in California, and “felt it critical to observe first-hand the impact of bail reform in (Kentucky), which has a very well-established system of pretrial release,” his chief of staff Diane Griffiths wrote in an email.\u003c/p>\n\u003cfigure id=\"attachment_11631418\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/11/Hertzberg-800x487.jpg\" alt=\"Sen. Bob Hertzberg went to Kentucky to study its bail system, a state the Legislature has barred state-funded travel to. Hertzberg had to use non-tax dollars to get there.\" width=\"800\" height=\"487\" class=\"size-medium wp-image-11631418\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/11/Hertzberg-800x487.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/Hertzberg-160x97.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/Hertzberg-1020x621.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/Hertzberg.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/Hertzberg-1180x718.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/Hertzberg-960x585.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/Hertzberg-240x146.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/Hertzberg-375x228.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/Hertzberg-520x317.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sen. Bob Hertzberg went to Kentucky to study its bail system, a state the Legislature has barred state-funded travel to. Hertzberg had to use non-tax dollars to get there. \u003ccite>(Max Whittaker/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The travel-ban bill does not exempt lawmakers—a late amendment actually specifies that it also applies to the Legislature—so how are these trips taking place? Lawmakers are getting around the law by using campaign funds (not tax-dollars) to pay for them.\u003c/p>\n\u003cp>The Legislature’s leaders declined to defend the exemptions, but in the past lawmakers have contended that they are justified because of the unique role of a law-making body and the need to protect legislators’ security. As far as critics are concerned, legislators get away with making exceptions for themselves because they know their hypocrisy won’t attract enough notice to generate mass outrage.\u003c/p>\n\u003cp>Right now there’s plenty of attention on the Legislature over its policies for dealing with sexual harassment—and some debate about whether extending the whistleblower act would help remedy the problem.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>As is, the Legislature has internal personnel policies that forbid retaliation, and legislative employees are also covered by a different state law that prohibits retaliation for complaining about discrimination or harassment. But the whistleblower act goes even further, laying out a process for workers to \u003ca href=\"https://www.auditor.ca.gov/hotline\">confidentially file complaints\u003c/a> to the independent state auditor.\u003c/p>\n\u003cp>Lawmakers will yet again consider a bill giving whistleblower protection to legislative staff when they return to Sacramento next year. GOP Assemblywoman Melissa Melendez of Lake Elsinore plans to re-introduce a measure that has \u003ca href=\"https://calmatters.org/articles/capitol-hit-reports-sexual-harassment-assault-will-lawmakers-make-changes/\">stalled in the past\u003c/a>. And—in a nod to some who say her bill wouldn’t apply to employees reporting sexual harassment—she said she’ll add language explicitly stating that it does.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"http://calmatters.org\">\u003cem>CALmatters.org\u003c/em>\u003c/a>\u003cem> is a nonprofit, nonpartisan media venture explaining California policies and politics.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11631406/lawmakers-to-californians-do-as-we-say-not-as-we-do","authors":["byline_news_11631406"],"programs":["news_6944","news_72"],"categories":["news_8","news_13"],"tags":["news_2704","news_4540","news_2838","news_17286"],"affiliates":["news_18481"],"featImg":"news_11631413","label":"source_news_11631406"},"news_136879":{"type":"posts","id":"news_136879","meta":{"index":"posts_1591205157","site":"news","id":"136879","score":null,"sort":[1400857687000]},"guestAuthors":[],"slug":"open-records-proposition-would-simply-shift-who-foots-the-bill","title":"Open Records Proposition Would Simply Shift Who Foots the Bill","publishDate":1400857687,"format":"aside","headTitle":"California Election Watch 2014 | News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>\u003ca href=\"http://ww2.kqed.org/news/series/prop-guide-ca-june-2014/\">Proposition 42\u003c/a> is being framed as a way to strengthen California’s open records laws. “Without Prop. 42, Californians will never fully know what’s happening at local governments and agencies, most of which have multimillion-dollar budgets,” says\u003ca href=\"http://www.publicrighttoknow.org/\"> the website created to publicize the measure\u003c/a>.\u003c/p>\n\u003cfigure id=\"attachment_136897\" class=\"wp-caption alignright\" style=\"max-width: 350px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/RS10516_photo-lpr1.jpg\">\u003cimg class=\"wp-image-136897\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/RS10516_photo-lpr1-640x480.jpg\" alt=\"San Francisco Fire Department fire investigation report. (Lisa Pickoff-White/KQED)\" width=\"350\" height=\"263\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Francisco Fire Department fire investigation report. (Lisa Pickoff-White/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>But the measure has nothing to do with access to information. Instead, it’s all about who pays the costs for records requests.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/series/prop-guide-ca-june-2014/\">Prop. 42\u003c/a> is a constitutional amendment borne out of a political miscalculation.\u003c/p>\n\u003cp>It stems back to last year’s state budget, when lawmakers voted to eliminate a handful of open records requirements for local governments, and instead turn them into suggestions. Since advocates, reporters and other government-watchers often use the law to pry government information out of officials who would otherwise never turn it over, changing requirements into suggestions didn’t sit too well.\u003ca href=\"http://ww2.kqed.org/news/california-public-records-act-controversy\"> An uproar ensued, mostly from the press\u003c/a>. Newspaper editorial after newspaper editorial blasted the move.\u003c/p>\n\u003cp>The Legislature quickly backtracked \u003ca href=\"http://ww2.kqed.org/news/2013/06/20/california-assembly-turns-back-time-votes-to-un-do-open-records-change/\">and the bill never became law\u003c/a>, even though Senate leaders like Mark Leno, who chairs the budget committee, insisted the whole thing was being mischaracterized. “I just want to reiterate that the actions that we took on AB76 did not touch the core principles of the California Public Records Act, which all of us in this room treasure and value,” he told reporters last June.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The Democrat said the move had nothing to do with access to records, and everything to do with who foots the bill. He and the other lawmakers who help craft California’s budget were tired of the state paying the cost for local governments’ public records responses.\u003c/p>\n\u003cp>”If you come to a state agency and request a public record, it’s appropriate the state would incur the cost to provide that to you,” said Leno. “But if you are requesting of a city or a county, or a water agency for a public document, it’s appropriate that that agency which is receiving the request should be responsible for the cost of compliance.”\u003c/p>\n\u003cp>So, \u003ca href=\"http://ww2.kqed.org/news/series/prop-guide-ca-june-2014/\">Prop 42\u003c/a>, which Leno introduced in the Senate, was the solution — it would change the state constitution to make it clear that local governments foot the full bill for their open records costs.\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"http://ww2.kqed.org/news/series/prop-guide-ca-june-2014/\">Check out\u003c/a> KQED's guide to the propositions on the June ballot.\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>A Question of Mandates\u003c/strong>\u003c/p>\n\u003cp>Why was the state responsible for these costs to begin with? It goes back to a 30-year-old constitutional change saying that whenever the state requires local governments to do something, it has to pay for the cost. The initial public records act was passed before that, so local governments were already paying for the bulk of their responses to records requests.\u003c/p>\n\u003cp>But when the state made a series of tweaks in the early 2000s, including requirements that local governments respond to requests within 10 days and actively assist people looking for records, it had to pay for those costs. It’s really not a whole lot of activity. “They’re limited to things like computer programming to extract the data, and providing and actually drafting correspondence, and clarifying requests,” said Paul Okada, who works in the San Mateo County Counsel’s Office. Lawyers there process about 100 requests a year.\u003c/p>\n\u003cp>[contextly_sidebar id=\"d230f7ab82f43ab61d72f621b4e7ddbe\"]\u003c/p>\n\u003cp>The county billed the state about $38,000 for its open records work last year. It has asked for about $400,000 over the past decade, making San Mateo one of the more expensive local governments when it comes to open records costs.\u003c/p>\n\u003cp>Altogether, \u003ca href=\"http://www.csm.ca.gov/pendingclaims/docs/cpra/doc168.pdf\">local governments have asked California for $9.5 million over the course of a decade\u003c/a>. In a budget that spends $100 billion a year, that’s really pocket change. Leno views it another way – as funding that could have gone elsewhere. “The social services that don’t get provided, for lack of $10 or $20 million in our general fund,” he said. “The reinvestment in our court system.”\u003c/p>\n\u003cp>And Leno points out only a small fraction of local governments have been submitting bills to the state’s Commission on Mandates. If every local government did it, the cost estimate shoots up to “tens of millions of dollars a year,” according to the Legislative Analyst’s Office.\u003c/p>\n\u003cp>\u003cstrong>A Weak Open Records Law\u003c/strong>\u003c/p>\n\u003cp>But here’s the thing – whether or not \u003ca href=\"http://ww2.kqed.org/news/series/prop-guide-ca-june-2014/\">Prop. 42\u003c/a> passes, California’s open records law will remain the same. And according to Peter Scheer \u003ca href=\"http://firstamendmentcoalition.org/\">of the First Amendment Coalition\u003c/a>, it isn’t too strong. “Unfortunately, California, which once was a leader when it comes to open records laws, is now a follower,” he said. “In fact it’s really at the very bottom of the pack, in my view.”\u003c/p>\n\u003cp>When the Center for Public Integrity graded all the states a couple years ago,\u003ca href=\"http://www.stateintegrity.org/california_survey_public_access_to_information\"> California got a D- on access to public records\u003c/a>. That’s because of a number of weaknesses, including no agency directly responsible for enforcing and overseeing records requests. (If an agency denies or delays your records request, your only recourse is a lawsuit.) Scheer said the low grade is also due to scores and scores of exemptions in the law, including one measure barring access to government health care contracts. “All of that information – even though it involves billions of dollars state and local governments are paying to third parties – those contracts are exempt. Completely secret.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Scheer pointed out the list of exemptions is actually longer than the rest of the law’s text. \u003ca href=\"http://ww2.kqed.org/news/series/prop-guide-ca-june-2014/\">Prop. 42\u003c/a> wouldn’t eliminate any of them – it would only change who pays for responses.\u003c/p>\n\n","blocks":[],"excerpt":"Prop. 42 has nothing to do with access to information; it's about who is paying for record requests.","status":"publish","parent":0,"modified":1400859043,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":22,"wordCount":992},"headData":{"title":"Open Records Proposition Would Simply Shift Who Foots the Bill | KQED","description":"Prop. 42 has nothing to do with access to information; it's about who is paying for record requests.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Open Records Proposition Would Simply Shift Who Foots the Bill","datePublished":"2014-05-23T15:08:07.000Z","dateModified":"2014-05-23T15:30:43.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"136879 http://ww2.kqed.org/news/?p=136879","disqusUrl":"https://ww2.kqed.org/news/2014/05/23/open-records-proposition-would-simply-shift-who-foots-the-bill/","disqusTitle":"Open Records Proposition Would Simply Shift Who Foots the Bill","customPermalink":"2014/05/23/prop-42-would-change-who-pays/","path":"/news/136879/open-records-proposition-would-simply-shift-who-foots-the-bill","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"http://ww2.kqed.org/news/series/prop-guide-ca-june-2014/\">Proposition 42\u003c/a> is being framed as a way to strengthen California’s open records laws. “Without Prop. 42, Californians will never fully know what’s happening at local governments and agencies, most of which have multimillion-dollar budgets,” says\u003ca href=\"http://www.publicrighttoknow.org/\"> the website created to publicize the measure\u003c/a>.\u003c/p>\n\u003cfigure id=\"attachment_136897\" class=\"wp-caption alignright\" style=\"max-width: 350px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/RS10516_photo-lpr1.jpg\">\u003cimg class=\"wp-image-136897\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/RS10516_photo-lpr1-640x480.jpg\" alt=\"San Francisco Fire Department fire investigation report. (Lisa Pickoff-White/KQED)\" width=\"350\" height=\"263\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Francisco Fire Department fire investigation report. (Lisa Pickoff-White/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>But the measure has nothing to do with access to information. Instead, it’s all about who pays the costs for records requests.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/series/prop-guide-ca-june-2014/\">Prop. 42\u003c/a> is a constitutional amendment borne out of a political miscalculation.\u003c/p>\n\u003cp>It stems back to last year’s state budget, when lawmakers voted to eliminate a handful of open records requirements for local governments, and instead turn them into suggestions. Since advocates, reporters and other government-watchers often use the law to pry government information out of officials who would otherwise never turn it over, changing requirements into suggestions didn’t sit too well.\u003ca href=\"http://ww2.kqed.org/news/california-public-records-act-controversy\"> An uproar ensued, mostly from the press\u003c/a>. Newspaper editorial after newspaper editorial blasted the move.\u003c/p>\n\u003cp>The Legislature quickly backtracked \u003ca href=\"http://ww2.kqed.org/news/2013/06/20/california-assembly-turns-back-time-votes-to-un-do-open-records-change/\">and the bill never became law\u003c/a>, even though Senate leaders like Mark Leno, who chairs the budget committee, insisted the whole thing was being mischaracterized. “I just want to reiterate that the actions that we took on AB76 did not touch the core principles of the California Public Records Act, which all of us in this room treasure and value,” he told reporters last June.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The Democrat said the move had nothing to do with access to records, and everything to do with who foots the bill. He and the other lawmakers who help craft California’s budget were tired of the state paying the cost for local governments’ public records responses.\u003c/p>\n\u003cp>”If you come to a state agency and request a public record, it’s appropriate the state would incur the cost to provide that to you,” said Leno. “But if you are requesting of a city or a county, or a water agency for a public document, it’s appropriate that that agency which is receiving the request should be responsible for the cost of compliance.”\u003c/p>\n\u003cp>So, \u003ca href=\"http://ww2.kqed.org/news/series/prop-guide-ca-june-2014/\">Prop 42\u003c/a>, which Leno introduced in the Senate, was the solution — it would change the state constitution to make it clear that local governments foot the full bill for their open records costs.\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"http://ww2.kqed.org/news/series/prop-guide-ca-june-2014/\">Check out\u003c/a> KQED's guide to the propositions on the June ballot.\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>A Question of Mandates\u003c/strong>\u003c/p>\n\u003cp>Why was the state responsible for these costs to begin with? It goes back to a 30-year-old constitutional change saying that whenever the state requires local governments to do something, it has to pay for the cost. The initial public records act was passed before that, so local governments were already paying for the bulk of their responses to records requests.\u003c/p>\n\u003cp>But when the state made a series of tweaks in the early 2000s, including requirements that local governments respond to requests within 10 days and actively assist people looking for records, it had to pay for those costs. It’s really not a whole lot of activity. “They’re limited to things like computer programming to extract the data, and providing and actually drafting correspondence, and clarifying requests,” said Paul Okada, who works in the San Mateo County Counsel’s Office. Lawyers there process about 100 requests a year.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The county billed the state about $38,000 for its open records work last year. It has asked for about $400,000 over the past decade, making San Mateo one of the more expensive local governments when it comes to open records costs.\u003c/p>\n\u003cp>Altogether, \u003ca href=\"http://www.csm.ca.gov/pendingclaims/docs/cpra/doc168.pdf\">local governments have asked California for $9.5 million over the course of a decade\u003c/a>. In a budget that spends $100 billion a year, that’s really pocket change. Leno views it another way – as funding that could have gone elsewhere. “The social services that don’t get provided, for lack of $10 or $20 million in our general fund,” he said. “The reinvestment in our court system.”\u003c/p>\n\u003cp>And Leno points out only a small fraction of local governments have been submitting bills to the state’s Commission on Mandates. If every local government did it, the cost estimate shoots up to “tens of millions of dollars a year,” according to the Legislative Analyst’s Office.\u003c/p>\n\u003cp>\u003cstrong>A Weak Open Records Law\u003c/strong>\u003c/p>\n\u003cp>But here’s the thing – whether or not \u003ca href=\"http://ww2.kqed.org/news/series/prop-guide-ca-june-2014/\">Prop. 42\u003c/a> passes, California’s open records law will remain the same. And according to Peter Scheer \u003ca href=\"http://firstamendmentcoalition.org/\">of the First Amendment Coalition\u003c/a>, it isn’t too strong. “Unfortunately, California, which once was a leader when it comes to open records laws, is now a follower,” he said. “In fact it’s really at the very bottom of the pack, in my view.”\u003c/p>\n\u003cp>When the Center for Public Integrity graded all the states a couple years ago,\u003ca href=\"http://www.stateintegrity.org/california_survey_public_access_to_information\"> California got a D- on access to public records\u003c/a>. That’s because of a number of weaknesses, including no agency directly responsible for enforcing and overseeing records requests. (If an agency denies or delays your records request, your only recourse is a lawsuit.) Scheer said the low grade is also due to scores and scores of exemptions in the law, including one measure barring access to government health care contracts. “All of that information – even though it involves billions of dollars state and local governments are paying to third parties – those contracts are exempt. Completely secret.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Scheer pointed out the list of exemptions is actually longer than the rest of the law’s text. \u003ca href=\"http://ww2.kqed.org/news/series/prop-guide-ca-june-2014/\">Prop. 42\u003c/a> wouldn’t eliminate any of them – it would only change who pays for responses.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/136879/open-records-proposition-would-simply-shift-who-foots-the-bill","authors":["256"],"programs":["news_6944"],"series":["news_6304"],"categories":["news_13"],"tags":["news_4540","news_4537"],"featImg":"news_136895","label":"news_6944"},"news_100526":{"type":"posts","id":"news_100526","meta":{"index":"posts_1591205157","site":"news","id":"100526","score":null,"sort":[1371711549000]},"guestAuthors":[],"slug":"assembly-speaker-perez-california-public-records-act-changes-will-not-go-through","title":"Pérez Wants California Public Records Act Restored, But Steinberg Balks","publishDate":1371711549,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>\u003cstrong>by Scott Detrow, Dan Brekke, Francesca Segrè and Jon Brooks\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_80300\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/11/saccapitoldome090911.jpg\">\u003cimg class=\"size-full wp-image-80300\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/11/saccapitoldome090911.jpg\" alt=\"File photo: State Capitol. (Justin Sullivan/Getty)\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">File photo: State Capitol. (Justin Sullivan/Getty)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>\u003ca href=\"http://ww2.kqed.org/news/2013/06/20/california-assembly-turns-back-time-votes-to-un-do-open-records-change/\" target=\"_blank\">Updates on this story here\u003c/a>\u003c/strong>.\u003c/p>\n\u003cp>\u003cem>Original post\u003c/em>\u003c/p>\n\u003cp>A \u003ca href=\"http://ww2.kqed.org/news/california-public-records-act-controversy\" target=\"_blank\">growing furor over proposed changes to the California Public Records Act\u003c/a> is threatening to undo this month’s relatively smooth budget negotiations.\u003c/p>\n\u003cp>Responding to criticism that the changes would substantially weaken California’s open records laws, Assembly Speaker John Perez announced the lower chamber would vote Thursday morning on a measure identical to the bill it passed last week, but not including the section dealing with open records. “To be clear, this means that the California Public Records Act will remain intact without any changes as part of the budget – consistent with the Assembly’s original action,” Pérez said in a statement.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But the Senate isn’t budging. President Pro Tem Darrell Steinberg says the Senate won’t vote on that new bill unless he sees evidence local governments are opting out of the public records requirements. Steinberg says the issue isn’t public records. It’s the fact the state is constitutionally required to pay for those local actions. “Unless the local governments are violating the law,” he told reporters, the state should not be on the hook for tens of millions of dollars to pay them for what they should be doing.”\u003c/p>\n\u003cp>\u003ca href=\"http://sd06.senate.ca.gov/news/2013-06-19-statement-senate-democratic-leaders-preserve-local-govt-transparency\" target=\"_blank\">Steinberg said\u003c/a> that instead of a revote, a constitutional amendment would be introduced in the state Senate Thursday, \"which will require permanent restoration of all California Public Records Act mandates in the state budget, and require that all local government entities pay for those services of providing public access to local government records.\"\u003c/p>\n\u003cp>If that measure passes, the issue would go before the voters.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003cstrong>Senate President Darrell Steinberg says the Senate won’t vote on the new bill unless he sees evidence local governments are opting out of the public records requirements.\u003c/strong>\u003c/aside>\n\u003cp>What’s this all about? As we've been reporting today, the proposed \u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=06001-07000&file=6250-6270\" target=\"_blank\">Public Records Act\u003c/a> changes were included in one of the so-called trailer bills that lawmakers passed alongside the state budget last week. The bill removed the mandatory requirement that local governments respond to requests for documents within 10 days, provide electronic versions of records when available, and provide assistance to records-seekers who aren’t quite sure what they’re looking for. (For instance, if your town has an Excel spreadsheet of employee salaries that's subject to disclosure and you ask for that information, the town is obligated to provide it to you.) Such compliance under the bill would have been optional, redefined as \"best practices.\"\u003c/p>\n\u003cp>After the bill was signed, various mayors, including San Francisco's Ed Lee, \u003ca href=\"http://ww2.kqed.org/news/2013/06/19/100507/\" target=\"_blank\">said local governments would continue to comply with the law\u003c/a>. But First Amendment and open government advocates have been livid, and newspapers published \u003ca href=\"http://www.fresnobee.com/2013/06/18/3349183/editorial-tell-brown-to-veto-attack.html\" target=\"_blank\">editorials\u003c/a> opposing the change, saying the law had been eviscerated. Journalists who rely on the law as an investigatory tool have also been highly critical.\u003c/p>\n\u003cp>News10 Sacramento's John Myers addressed in a \u003ca href=\"http://www.news10.net/capitol/article/248109/525/New-fight-over-weakening-state-transparency-law\" target=\"_blank\">blog post\u003c/a> the suggestion that the weakening of the Public Records Act was a stealth measure ...\u003c/p>\n\u003cblockquote>\u003cp>The fracas in recent days included accusations that lawmakers were trying to hide the change in how the state's public records law is carried out with a stealth and last minute plot.\u003c/p>\n\u003cp>Not true.\u003c/p>\n\u003cp>Brown actually made the proposal more than five months ago in his January budget, one of several state funded mandates that he suggested be scrapped.\u003c/p>\n\u003cp>Legislators discussed the PRA mandate in budget committees, the Legislature's analysts released a report on the plan on May 31, and then a budget conference committee voted unanimously to make PRA provisions optional (and thus, save the state money) on June 10.\u003c/p>\n\u003cp>The real truth is that while some noticed the proposal early, the vast majority of political and government journalists didn't notice it until last week, focused instead on bigger budget fights.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Update Thursday 10 a.m.\u003c/strong>\u003c/p>\n\u003cblockquote class=\"twitter-tweet\">\u003cp>Assembly votes 52-25 to modify budget trailer bill to eliminate provisions weakening \u003ca href=\"https://twitter.com/search?q=%23CPRA&src=hash\">#CPRA\u003c/a>. Senate leaders say they won't act on bill now.\u003c/p>\n\u003cp>— Katie Orr (@1KatieOrr) \u003ca href=\"https://twitter.com/1KatieOrr/statuses/347758922918146048\">June 20, 2013\u003c/a>\u003c/p>\u003c/blockquote>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1371755953,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":21,"wordCount":725},"headData":{"title":"Pérez Wants California Public Records Act Restored, But Steinberg Balks | KQED","description":"by Scott Detrow, Dan Brekke, Francesca Segrè and Jon Brooks Updates on this story here. Original post A growing furor over proposed changes to the California Public Records Act is threatening to undo this month’s relatively smooth budget negotiations. Responding to criticism that the changes would substantially weaken California’s open records laws, Assembly Speaker John Perez announced","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Pérez Wants California Public Records Act Restored, But Steinberg Balks","datePublished":"2013-06-20T06:59:09.000Z","dateModified":"2013-06-20T19:19:13.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"100526 http://ww2.kqed.org/news/?p=100526","disqusUrl":"https://ww2.kqed.org/news/2013/06/19/assembly-speaker-perez-california-public-records-act-changes-will-not-go-through/","disqusTitle":"Pérez Wants California Public Records Act Restored, But Steinberg Balks","customPermalink":"2013/06/19/california-public-records-act/","path":"/news/100526/assembly-speaker-perez-california-public-records-act-changes-will-not-go-through","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>by Scott Detrow, Dan Brekke, Francesca Segrè and Jon Brooks\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_80300\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/11/saccapitoldome090911.jpg\">\u003cimg class=\"size-full wp-image-80300\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/11/saccapitoldome090911.jpg\" alt=\"File photo: State Capitol. (Justin Sullivan/Getty)\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">File photo: State Capitol. (Justin Sullivan/Getty)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>\u003ca href=\"http://ww2.kqed.org/news/2013/06/20/california-assembly-turns-back-time-votes-to-un-do-open-records-change/\" target=\"_blank\">Updates on this story here\u003c/a>\u003c/strong>.\u003c/p>\n\u003cp>\u003cem>Original post\u003c/em>\u003c/p>\n\u003cp>A \u003ca href=\"http://ww2.kqed.org/news/california-public-records-act-controversy\" target=\"_blank\">growing furor over proposed changes to the California Public Records Act\u003c/a> is threatening to undo this month’s relatively smooth budget negotiations.\u003c/p>\n\u003cp>Responding to criticism that the changes would substantially weaken California’s open records laws, Assembly Speaker John Perez announced the lower chamber would vote Thursday morning on a measure identical to the bill it passed last week, but not including the section dealing with open records. “To be clear, this means that the California Public Records Act will remain intact without any changes as part of the budget – consistent with the Assembly’s original action,” Pérez said in a statement.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But the Senate isn’t budging. President Pro Tem Darrell Steinberg says the Senate won’t vote on that new bill unless he sees evidence local governments are opting out of the public records requirements. Steinberg says the issue isn’t public records. It’s the fact the state is constitutionally required to pay for those local actions. “Unless the local governments are violating the law,” he told reporters, the state should not be on the hook for tens of millions of dollars to pay them for what they should be doing.”\u003c/p>\n\u003cp>\u003ca href=\"http://sd06.senate.ca.gov/news/2013-06-19-statement-senate-democratic-leaders-preserve-local-govt-transparency\" target=\"_blank\">Steinberg said\u003c/a> that instead of a revote, a constitutional amendment would be introduced in the state Senate Thursday, \"which will require permanent restoration of all California Public Records Act mandates in the state budget, and require that all local government entities pay for those services of providing public access to local government records.\"\u003c/p>\n\u003cp>If that measure passes, the issue would go before the voters.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003cstrong>Senate President Darrell Steinberg says the Senate won’t vote on the new bill unless he sees evidence local governments are opting out of the public records requirements.\u003c/strong>\u003c/aside>\n\u003cp>What’s this all about? As we've been reporting today, the proposed \u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=06001-07000&file=6250-6270\" target=\"_blank\">Public Records Act\u003c/a> changes were included in one of the so-called trailer bills that lawmakers passed alongside the state budget last week. The bill removed the mandatory requirement that local governments respond to requests for documents within 10 days, provide electronic versions of records when available, and provide assistance to records-seekers who aren’t quite sure what they’re looking for. (For instance, if your town has an Excel spreadsheet of employee salaries that's subject to disclosure and you ask for that information, the town is obligated to provide it to you.) Such compliance under the bill would have been optional, redefined as \"best practices.\"\u003c/p>\n\u003cp>After the bill was signed, various mayors, including San Francisco's Ed Lee, \u003ca href=\"http://ww2.kqed.org/news/2013/06/19/100507/\" target=\"_blank\">said local governments would continue to comply with the law\u003c/a>. But First Amendment and open government advocates have been livid, and newspapers published \u003ca href=\"http://www.fresnobee.com/2013/06/18/3349183/editorial-tell-brown-to-veto-attack.html\" target=\"_blank\">editorials\u003c/a> opposing the change, saying the law had been eviscerated. Journalists who rely on the law as an investigatory tool have also been highly critical.\u003c/p>\n\u003cp>News10 Sacramento's John Myers addressed in a \u003ca href=\"http://www.news10.net/capitol/article/248109/525/New-fight-over-weakening-state-transparency-law\" target=\"_blank\">blog post\u003c/a> the suggestion that the weakening of the Public Records Act was a stealth measure ...\u003c/p>\n\u003cblockquote>\u003cp>The fracas in recent days included accusations that lawmakers were trying to hide the change in how the state's public records law is carried out with a stealth and last minute plot.\u003c/p>\n\u003cp>Not true.\u003c/p>\n\u003cp>Brown actually made the proposal more than five months ago in his January budget, one of several state funded mandates that he suggested be scrapped.\u003c/p>\n\u003cp>Legislators discussed the PRA mandate in budget committees, the Legislature's analysts released a report on the plan on May 31, and then a budget conference committee voted unanimously to make PRA provisions optional (and thus, save the state money) on June 10.\u003c/p>\n\u003cp>The real truth is that while some noticed the proposal early, the vast majority of political and government journalists didn't notice it until last week, focused instead on bigger budget fights.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Update Thursday 10 a.m.\u003c/strong>\u003c/p>\n\u003cblockquote class=\"twitter-tweet\">\u003cp>Assembly votes 52-25 to modify budget trailer bill to eliminate provisions weakening \u003ca href=\"https://twitter.com/search?q=%23CPRA&src=hash\">#CPRA\u003c/a>. Senate leaders say they won't act on bill now.\u003c/p>\n\u003cp>— Katie Orr (@1KatieOrr) \u003ca href=\"https://twitter.com/1KatieOrr/statuses/347758922918146048\">June 20, 2013\u003c/a>\u003c/p>\u003c/blockquote>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/100526/assembly-speaker-perez-california-public-records-act-changes-will-not-go-through","authors":["236"],"programs":["news_6944"],"tags":["news_4540","news_152","news_205","news_4537"],"label":"news_6944"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.","airtime":"SUN 2pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.possible.fm/","meta":{"site":"news","source":"Possible"},"link":"/radio/program/possible","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/possible/id1677184070","spotify":"https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"}},"1a":{"id":"1a","title":"1A","info":"1A is home to the national conversation. 1A brings on great guests and frames the best debate in ways that make you think, share and engage.","airtime":"MON-THU 11pm-12am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/1a.jpg","officialWebsiteLink":"https://the1a.org/","meta":{"site":"news","source":"npr"},"link":"/radio/program/1a","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=1188724250&at=11l79Y&ct=nprdirectory","tuneIn":"https://tunein.com/radio/1A-p947376/","rss":"https://feeds.npr.org/510316/podcast.xml"}},"all-things-considered":{"id":"all-things-considered","title":"All Things Considered","info":"Every weekday, \u003cem>All Things Considered\u003c/em> hosts Robert Siegel, Audie Cornish, Ari Shapiro, and Kelly McEvers present the program's trademark mix of news, interviews, commentaries, reviews, and offbeat features. 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But is this once sleepy suburb ready for them?","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/American-Suburb-Podcast-Tile-703x703-1.jpg","officialWebsiteLink":"/news/series/american-suburb-podcast","meta":{"site":"news","source":"kqed","order":"13"},"link":"/news/series/american-suburb-podcast/","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?mt=2&id=1287748328","tuneIn":"https://tunein.com/radio/American-Suburb-p1086805/","rss":"https://ww2.kqed.org/news/series/american-suburb-podcast/feed/podcast","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkMzMDExODgxNjA5"}},"baycurious":{"id":"baycurious","title":"Bay Curious","tagline":"Exploring the Bay Area, one question at a time","info":"KQED’s new podcast, Bay Curious, gets to the bottom of the mysteries — both profound and peculiar — that give the Bay Area its unique identity. And we’ll do it with your help! You ask the questions. You decide what Bay Curious investigates. And you join us on the journey to find the answers.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Bay-Curious-Podcast-Tile-703x703-1.jpg","imageAlt":"\"KQED Bay Curious","officialWebsiteLink":"/news/series/baycurious","meta":{"site":"news","source":"kqed","order":"4"},"link":"/podcasts/baycurious","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/bay-curious/id1172473406","npr":"https://www.npr.org/podcasts/500557090/bay-curious","rss":"https://ww2.kqed.org/news/category/bay-curious-podcast/feed/podcast","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93dzIua3FlZC5vcmcvbmV3cy9jYXRlZ29yeS9iYXktY3VyaW91cy1wb2RjYXN0L2ZlZWQvcG9kY2FzdA","stitcher":"https://www.stitcher.com/podcast/kqed/bay-curious","spotify":"https://open.spotify.com/show/6O76IdmhixfijmhTZLIJ8k"}},"bbc-world-service":{"id":"bbc-world-service","title":"BBC World Service","info":"The day's top stories from BBC News compiled twice daily in the week, once at weekends.","airtime":"MON-FRI 9pm-10pm, TUE-FRI 1am-2am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/BBC-World-Service-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.bbc.co.uk/sounds/play/live:bbc_world_service","meta":{"site":"news","source":"BBC World Service"},"link":"/radio/program/bbc-world-service","subscribe":{"apple":"https://itunes.apple.com/us/podcast/global-news-podcast/id135067274?mt=2","tuneIn":"https://tunein.com/radio/BBC-World-Service-p455581/","rss":"https://podcasts.files.bbci.co.uk/p02nq0gn.rss"}},"code-switch-life-kit":{"id":"code-switch-life-kit","title":"Code Switch / Life Kit","info":"\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />","airtime":"SUN 9pm-10pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Code-Switch-Life-Kit-Podcast-Tile-360x360-1.jpg","meta":{"site":"radio","source":"npr"},"link":"/radio/program/code-switch-life-kit","subscribe":{"apple":"https://podcasts.apple.com/podcast/1112190608?mt=2&at=11l79Y&ct=nprdirectory","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93d3cubnByLm9yZy9yc3MvcG9kY2FzdC5waHA_aWQ9NTEwMzEy","spotify":"https://open.spotify.com/show/3bExJ9JQpkwNhoHvaIIuyV","rss":"https://feeds.npr.org/510312/podcast.xml"}},"commonwealth-club":{"id":"commonwealth-club","title":"Commonwealth Club of California Podcast","info":"The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. This podcast feed is usually updated twice a week and is always un-edited.","airtime":"THU 10pm, FRI 1am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Commonwealth-Club-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.commonwealthclub.org/podcasts","meta":{"site":"news","source":"Commonwealth Club of California"},"link":"/radio/program/commonwealth-club","subscribe":{"apple":"https://itunes.apple.com/us/podcast/commonwealth-club-of-california-podcast/id976334034?mt=2","google":"https://podcasts.google.com/feed/aHR0cDovL3d3dy5jb21tb253ZWFsdGhjbHViLm9yZy9hdWRpby9wb2RjYXN0L3dlZWtseS54bWw","tuneIn":"https://tunein.com/radio/Commonwealth-Club-of-California-p1060/"}},"considerthis":{"id":"considerthis","title":"Consider This","tagline":"Make sense of the day","info":"Make sense of the day. Every weekday afternoon, Consider This helps you consider the major stories of the day in less than 15 minutes, featuring the reporting and storytelling resources of NPR. 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target=\"_blank\">Secretary of State\u003c/a>\u003c/li>\r\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/tag/controller\" target=\"_blank\">Controller\u003c/a>\u003c/li>\r\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/tag/treasurer\" target=\"_blank\">Treasurer\u003c/a>\u003c/li>\r\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/tag/insurance-commissioner\" target=\"_blank\">Insurance Commissioner\u003c/a>\u003c/li>\r\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/tag/Superintendent-of-Public-Instruction\" target=\"_blank\">Superintendent of Public Instruction\u003c/a>\u003c/li>\r\n\u003c/ul>\r\n\u003c/div>\r\n\u003cdiv class=\"column-right\">\r\n\u003ch3>Local Measures & Races\u003c/h3>\r\n\u003cul>\r\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/tag/soda-tax\" target=\"_blank\">Soda Tax\u003c/a>\u003c/li>\r\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/tag/17th-congressional-district\" target=\"_blank\">Congressional District 17\u003c/a>\u003c/li>\r\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/tag/district-17\" target=\"_blank\">Assembly District 17\u003c/a>\u003c/li>\r\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/tag/oakland-mayor\" target=\"_blank\">Oakland Mayoral\u003c/a>\u003c/li>\r\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/tag/san-jose-mayor\" target=\"_blank\">San Jose Mayoral\u003c/a>\u003c/li>\r\n\u003c/ul>\r\n\u003ch3>Guides\u003c/h3>\r\n\u003cul>\r\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2014/10/03/california-watch-2014-election-guide\" target=\"_blank\">KQED Election Guide\u003c/a>\u003c/li>\r\n\u003cbr />\r\n\u003c/ul>\r\n\u003c/div>\r\n\u003ch2>Latest Coverage\u003c/h2>","featImg":null,"headData":{"title":"California Election Watch 2014 Archives | KQED News","description":"Get The Latest Follow @KQEDNews Propositions Prop 1 Prop 2 Prop 45 Prop 46 Prop 47 Prop 48 Statewide Races Governor Lieutenant Governor Attorney General Secretary of State Controller Treasurer Insurance Commissioner Superintendent of Public Instruction Local Measures & Races Soda Tax Congressional District 17 Assembly District 17 Oakland Mayoral San Jose Mayoral Guides KQED Election Guide Latest Coverage","ogTitle":null,"ogDescription":null,"ogImgId":null,"twTitle":null,"twDescription":null,"twImgId":null},"ttid":6328,"isLoading":false,"link":"/news/series/election-watch-2014"},"news_4537":{"type":"terms","id":"news_4537","meta":{"index":"terms_1591234321","site":"news","id":"4537","found":true},"relationships":{},"included":{},"name":"public records","slug":"public-records","taxonomy":"tag","description":null,"featImg":null,"headData":{"title":"public records Archives | KQED 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