POLL: A Challenge to Local Transparency? MV Council Says 'No'

In 1953 the California legislature approved the Brown Act, a law that helped make governmental meetings more public.

With the new California budget 2012-13, Governor Jerry Brown cut $96 million that reimbursed local governments who in order to comply with the Brown Act accepted state funds. If cities didn't receive funds, they were not mandated to comply. This effectively suspended the compliance of certain sections of the Brown Act in these cities, unless the cities decide to pay for it themselves.

In a note from Mountain View City Attorney Jannie Quinn to council members, she explained that funds affected the following provisions (The Brown Act law accompanies this article):

• Agenda posting requirement and limitation on discussion/action to those items posted on the agenda (GC 54954.2);
• Public must be provided the opportunity to address the legislative body on any item of interest to the public (GC 54954.3);
• Public reporting on any action taken in closed session (GC 54957.1);
• Prior to holding a closed session, the legislative body shall disclose in open session the items to be discussed in the closed session (GC 54957.7).

Mayor Mike Kasperzak told Patch via email that "Mountain View is fully committed to the spirit and letter of the Brown Act, whether or not the State reimburses us."

"Of course, the great irony is that the State Legislature itself is not bound by the Brown Act and routinely does business behind closed doors and votes on major pieces of legislation such as SB 1484 which haven't even been in print for 24 hours."

Councilman Tom Means agreed and further addressed what he called "a power play by the governor and state politicians."

"They can collude privately. . The votes were already lined up before the actual vote was taken," he said. "They also want to make visible cuts to scare voters into supporting his tax measures this fall. Rather than cut waste, state politicians cut important visible services like education, police , fire, etc..."

Also in response to Patch's inquiry, Councilmembers Margaret Abe-Koga, John Inks and Laura Macia supported the city's continued compliance with the Brown Act.

"Proper noticing, allowing for public comment, are the most important elements to our democratic processes to maintain transparency and open government," said Abe-Koga.

Macias even believed that Mountain View may not have accepted funds anyway.

"It is not a budget item that I am aware of in my eight years," she said. "The cost is nominal for us."

According to City Attorney Quinn, the city clerk will look into whether the city has requested or received Brown Act funds. The state cuts and suspension of the Brown Act sections will be in effect also in the 2013-2014 and 2014-2015 fiscal years, Quinn added.

However, the length of the cuts does raise another concern. Perhaps governments can foot the bill and comply for one year.

"The bigger issue is the overall state budget impacts on local government the last two years," said Inks.

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