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Opposition SCR-38 letter%

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1 Theresa Wheeler THU JUL 6 "Scott, Tom" <Tom.Scott@NFIB.ORG>
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The Age of Detesting Tru
Theresa Wheeler
=Recent Prop. 54/Assem
Theresa Wheeler
=Final Copies - letters an
1 Best regards,
Terry
< Re: Gov. and De Leon lett
16
Hello Prop. 54 Coalition Members.
MON JUN 12 Attached please find a letter of opposition to SCR-38 (re: 54 recording rules)
signed by Charles and Sam. Also attached is a related press release. These were
sent yesterday FYI.
WED JUN 7 Please let us know if you have questions.
Theresa
WED JUN 7

(Drafts_import 12
Terry WED JUN 7

(Deleted Messages 5 < Re: CORRECTED: For ap 916-622-5891

U
(2009 Potential Members
Theresa Wheeler WED JUN 7
Elance invitatioin
< =Gov. and De Leon letter 2 Attachments Download as Zip
INBOX_import 99+

kindle Jim Mayer WED JUN 7

Opposition SCR-38 rel...pdf
Lunarpages Services
< Re: CORRECTED: For ap F 494.0 KB

Notes Theresa Wheeler TUE JUN 6

RESPOND TODAY Opposition SCR-38 let...pdf

< =CORRECTED: For appr
F 548.4 KB
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Luis Buhler (Rockledge Associates)
FRI APR 21
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Stanislaus County Court Siting CommitteeLuis Buhler (Rockledge Associates)

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Thanks to CPRA < Prop 54 Conference Call Share conversation

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Theresa Wheeler MON APR 3

TAGS ' =Final copies - Letter and

NotJunk
Luis Buhler (Rockledge Associates)
FRI MAR 31
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Search Results - wheeler - Zoho Mail (terry@calaware.org) https://mail.zoho.com/zm/#mail/tab/2756445000000038041

he gran
they
better of exemp
unconstitutionally
access to making ion deny i ootobroad
recordings other thanbecau
persons
members e on here
the
the i Floor
no requiremen
their constitutional
Legislature does not ha favor.
heright
applica ion of
to record
That has he proceedings,
the
nothing e to
exemp
do withion including
a
circumstances
the members
minimizing theofwarrant,
the Legislature
disruption and
of theherefore
present.
proceedings, he
At ac ual applica
a minimum,
and ionrules
the
is constitutionallyof he rule
should will be for the
acknowledge
impermissible. thatsoleanypurpose of minimizing
person lawfully on the
di ruphas
floor ionthe of right
he proceeding
to record. which i he only purpo e he Con i u ion allow . For example he exemp ion would
be u ed o di Scrimina
Additionally, CR-38 states: e be ween per on of differen poin of view making ome per on exerci e of heir right to
record difficul by ric enforcemen of rule while making ano her per on e pecially ea y or privileged by gran ing
exemptions
3. (e)Rules tomust
thosebe
Recording rules.
for the sole
equipment usedpurpose
by members of minimizing disruption
of the public other of thantheaccredited
proceedings. press representatives shall not
employ additional lighting of any kind. Recording equipment used by accredited press representatives on the
The full relevant
Floors of constitutional
Constitution provides
the Senate strict
andlanguage
limits
Assemblyon iswhat(with
Chambers italics
rules mayoradded for emphasis):
becommittee
in adopted by the Legislature.
hearing rooms mayThe section
employ of the Constitution
additional lighting
already quoted
while recordingin 7(c) (1)if continues:
the lighting is not disruptive, but meetings shall be recorded without additional lighting when
Article IV, Section 7(c) (1) Except as provided in paragraph (3), the proceedings of each house and the
possible.
July 5, 2017
committees
provided thatthereof shall be open
the Legislature may and adopt public. The right
reasonable rules to pursuant
attend open and public(5)
to paragraph proceedings
regulating includes the right
the placement
of any
and
The Legislature useperson
of the
may to
well record
equipment
experience byfor audio or
recording
that video
aggressive ormeans anyglaring
broadcasting
lighting andthe allinto
parts
proceedings of the
their eyesproceedings
fordisrupts
the soletheir andmeetings.
purpose to broadcast Butor
of minimizing the
The Honorable Kevin de Len
otherwise
has to betransmit
questiondisruption of
whatthelighting them;disrupts
proceedings. provided Article
and that IV,the
what Legislature
Section
doe n7c. (1).
To say maythatadopt thereasonable
same lighting rules pursuant
disrupts when to paragraph
one person(5) uses
President pro Tempore of the Senate
it, but doe regulating
n when theit placement
is used by another, and use of the equipment
is clearly to make a fordistinction
recordingthat or broadcasting
has everything thetoproceedings
do with some for people
the sole
State Capitol, Room 205
There are
having purpose
a number
favored of minimizing
access; of instances disruption
it has nothing in SCR-38
to do ofwhere
the proceedings.
with rule are propo
minimizing theAny aggrieved
ed regula
disruption ofparty
aing shall have standing
he placemen
meeting. and utoechallenge
of he said
Sacramento, CA 95814
equipmen rules hain an actionhave
clearly for declaratory
o her purpoand e injunctive
han he sole relief,
permi and theibleLegislature
one of minimi shall have
ing dithe rupburden
ion of ofhe
proceeding demonstrating
and are that hereforethe rule is reasonable. For example:
unconstitutional.
Re: Opposition to SCR-38 (De Len) - March 30, 2017 version
are subject to court challenge.
4. Rules
TheThe
(2) Legislature
opportunity shallto implement this subdivision
record legislative meetings byinconcurrent
the Senateresolution
and Assembly adopted by rollcall
Chambers shallvote entered in
be provided tothe
Dear Senator de Len,
journal, two-thirds
members
The Constitution of the public
requires of the
that other membership
Legislature than implement of eachpress
accredited house concurring,
representatives
restrictions on per on orinby statute,
the
right public and inonly
Galleries
to record theby case
above ofthe
a closed
Senate and
a concurrent
resolution session
(withheld
Assembly 2/ 3pursuant
a Floors, vote) or to
byparagraph
provided that theThe
statute. (3),Constitution
person shall prescribe
recording thatbe
shall
subjects reasonable
seated
such rules whilenotice
to of theinclosed
recording
challenge and
court: session
shall andathe
use only hand-
This is a formal letter of opposition to SCR-38 (de Len).
purpose
held of thedevice,
recording closed session shall be provided
unless permission otherwise to the
haspublic. If there is
been granted. a conflictdevices
Recording between a concurrent
shall not extend beyond
resolution
the
AnyGallery
aggrieved and statute,
railing.
party thehave
shall last standing
adopted to or challenge
enacted shall saidprevail.
rules in an action for declaratory and injunctive relief,
The terms of SCR-38 would violate the California Constitution as amended by Proposition 54, and it is requested that the
and the Legislature shall have the burden of demonstrating that the rule is reasonable. California Constitution,
relevant portions of SCR-38 be changed.
WhetherArticle a device IV, in the Assembly
Section 7(c). or Senate galleries is hand-held or is supported by a tripod, or whether a device is
light2.enough
Anyto person
be heldnot forhours
any memberin one ofhands the public.
or is not, is hardly something that disrupts the proceedings below. A
There are four large issues with the current SCR-38 language.
restriction
Were to hand-held
the Legislature devices
to adopt only not
a rule does restrict
for the solethepurpose
quality ofofthe video a person
minimizing disruption mightof wish to make, including
the proceeding an their
The proposed
ability
aggrieved to faithfully
party rules speak
canrecord
go to court of ensuring
what is
togoing
have theon
the right
ruleofstruck.
below members
with an ofisthe public
appropriate
That action (which
microphone
for injuncinclude
orive arelief.
lens. subset Ifofthe
The caveat members
that this
applicationof theof the
publicdepends
rules whoshall
restriction areon accredited
hold unlepress
unspecified representatives)
permission
policie as in theproposed
otherwise he opportunity
has beenrule gran(g)edto exercise
(1), shows
or may their
that
bethe constitutional
real purpose
granted exemptions right
has intounspecified
record
nothing toand
do
1. The California Constitution forbids the power to make policies or rules that restrict the exercise of a persons
broadcast
with
circum thosedisruption
minimizing
ance mee
as iningthe.proposed
of the proceeding,
rule (g) (2), because
or that ifare thearguably
mere presencenot forand theoperation
sole purpose of aofdevice will disrupt
minimizing a
disruption
right to record meetings from being devolved by the Legislature onto individuals or committees.
meeting,
of it would do an
the proceedings, so aggrieved
no matter party who is itsgo
can operator.
to court and ask the court to clarify what effect those policies or
The actual language
exemptions might have, of the or relevant
to clarifysection
that theofrules the California
are not toConstitution does not, however,
be used for inadmissible purposes. referThat to ishe public
the actionorfor
The proposed SCR- 38 language:
member
This is a clear
declara oryof the
bid
relief.public.
that people
Both Thefavored
types Constitution
of suits bycanthestates
be that ``The
Legislature
brought shall
in proceedings
have aofwider
advance anyof each house
choice andofthe
of equipment
implementation committees
than
a rule, those
as asthereof
well who are not;
after.
shall
and
S be
incethat open
thereis aare and
purpose public
potentially [emphasis
outside many added],
theaggrieved
sole purpose butof``public
parties, minimizing
to avoid is here an adjective,
adisruption
blizzard ofofsuits, not Legislature
a noun: theshould
the proceedings.
the language be does
carefulnottocreate
write
(g) (1) The Senate Committee on Rules and the Assembly Committee on Rules each may adopt policies to further
a class
Another
rules ofexample
that individuals
implement of anto be knownon
unconstitutional
restrictions as per
``therestriction
onpublic
rightabout which
is:record
to thattheareLegislature
indeed limited can dispute
to thewho purposebelongs to it and who
of minimizing
implement the foregoing rules for legislative meetings in the respective houses. The Joint Rules Committee may
does not. Indeed,
disruption the Constitutional
of its proceedings, and whose language
applicationis not is that
notthe right to record and broadcast meetings belongs to ``the
ambiguous.
U adopt policies to further implement the foregoing rules for joint legislative meetings.
public, (c)the(1) Constitution
In committee explicitly
hearing grants
rooms, it totheany per on. to
opportunity The right legislative
record to record legislative
meetings shallmeetings explicitly
be provided tobelongs
members to
persons
S incerely, with
of theapublic
right to attend
other than whom the Legislature
accredited might chooseinnot
press representatives thetopublic
consider to its
seating class
area ofofthe member
hearing room.of the
is unconstitutional. The Legislature cannot delegate to the committee the right to make policies that further implement
public Members
including members of the public of the
other Legislature
than accredited themselves, pressmembers
representatives of the shallpressnot notrecord
deemed on accredi
the dais or edinbythethewitness
the rules because the Con i u ion require ha re ric ion on he exerci e of a per on righ o record be codified in
Legislature, and soarea
testimony on: of the hearing room.
rule adop ed by concurren re olu ion or a u e and (1) a policy i no a rule; and (2) uch a policy would no have
been adopted by a concurrent resolution or a statute.
A meeting The is not righ o a end
disrupted if aopen
witness andlayspublic proceeding
a recording deviceinclude
on thehe tablerighbefore
of any person
them, to record
whether on theby audio
dais ororinvideo
the
witness meantestimony anyarea.and allThe paroperation
of he proceeding
of a studio camera and o broadca
does not change or o herwi fromedisruptive
ran mi to hem; California
benign depending on who
In the proposed SCR-38 rule:
Constitution,
stands behind it. Article IV, Section 7c (1)
Dr. Charles T. Munger, Jr. The Honorable Sam Blakeslee
(g) (2) The Senate Committee on Rules and the Assembly Committee on Rules, or persons designated as
Consequently,
It is important,when too, thatthe according
proposed to rules
thestate:
Rules an accredi ed member of the press does not receive his accreditation
representatives of those committees, may grant exemptions from the foregoing rules in specific instances in the
from his or her newspaper, broadcast channel, or news program; it is granted by a specific organization whose status is
respective houses as circumstances warrant.
(b) (1)of
at the control In the
theLegislature
Senate anditself. Assembly Just Chambers,
because a reporter the opportunity
is from the to record
New York on the Floor
Times doe of nthemean
Chambers shall be
the reporter
providedbyonly
will be deemed theto press representatives
Legislature capable of managing accredited pursuant
a camera to Joint
without Rule 32. proceedings as well as someone
disrupting
accredi ed. In fact, this proposed rule just gives the Legislature the authority to allow certain members of the press
1
2
3
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2350 Kerner
2350 Kerner Boulevard,
Boulevard, #250,
#250, S
San
an Rafael,
Rafael, California
California 94901
94901

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