Rep. Randy “Duke” Cunningham admits to taking $2.4 million in bribes and resigns in disgrace. The city of San Diego spirals toward bankruptcy under the weight of a billion dollars in underfunded pensions benefits. The mayor of National City and candidate for state Assembly announces he'll leave politics after news reports about substandard rental units he owns.
Reports about local officials letting down the public's trust might leave you feeling helpless, but they could prompt you to learn more about how government does business – your business. The information is out there and you're entitled to it.
Two laws – the California Public Records Act and the federal Freedom of Information Act – give you broad access to documents generated by political candidates and those who go on to win elective office. These are the same laws reporters use to gather information.
Some information is as close as your home computer; others may require a trip to a government building. In some instances, you may have to write more than one letter pushing for the documents. Be persistent. It's your right.
QUESTIONS & ANSWERS
What gives me the right to look at public records?
The Freedom of Information Act governs access to records held by federal agencies, and the California Public Records Act deals with access to records held by state and local agencies.
Also, approval of Proposition 59 in 2004 made public access to government documents and meetings a state constitutional right. The proposition places a greater burden on government agencies to justify why a meeting or document should be kept confidential. California is one of only a handful of states addressing open-government issues in its constitution.
Are there public records that are not available?
Legal limitations prohibit access to some public records. These include details from law enforcement operations, even when a case has been closed; personnel information about law enforcement officers; copies of communications between a public agency and an opponent in a lawsuit until the case is final; information about how child welfare authorities oversee custody of a foster child; and final accreditation reports on hospitals. Information from Department of Motor Vehicles records, such as a driver's address and date of birth, is also off-limits.
What is the Brown Act?
The Ralph M. Brown Act regulates the conduct of local public agencies in the state, from tiny water districts to city councils and the county Board of Supervisors. The act requires local governments to conduct business in a way that allows public participation and scrutiny. The Brown Act covers all aspects of open government, from posting agendas to meeting requirements to access to government records. For a full text of the Brown Act, see www.cfac.org/Law/BrownAct/Text/ba_text.html
In an election year, what types of information are available?
You have access to a treasure trove of financial information about candidates and independent committees hoping to influence the outcome of an election. You can find out who is giving candidates and committees money and how they choose to spend it.
The Federal Elections Commission and the California Secretary of State have online databases. (Web site addresses are included on this page.) Paper copies of local candidates' finance reports can be found at the county Registrar of Voters, city clerk's offices or district offices for the agency they hope to represent.
