How a Successful Growth Fund Can Build CalAware’s Public Service Capacity

1. Training Workshops

CalAware already offers workshops to train journalists, civic activists, public officials and public employees in the
basics of the Brown Act, the Public Records Act, and free speech rights under the First Amendment. A successful
CalAware growth fund will make it possible to add workshops on the news gathering rights and publication risks of
journalists in particular, and the protections offered to government and other whistleblowers.
We need to create YouTube video presentations of all these topics that could be posted on our
website for free consultation but that also could be offered in fee-based webinars, hosted by a live
presenter who could answer audience questions and offer relevant comments and updates based on
recent developments.

2. Legal Compliance Audits

Several years ago CalAware conducted statewide audits to test how well various public agencies and institutions
understood and complied with their legal obligations to provide access to their records when requested by ordinary
citizens. The audits covered state executive branch agencies, state and local law enforcement and public education
agencies, and the administrative offices of local and statewide courts. We not only published their performance
scores but offered those interested free training on how to improve. A successful CalAware growth fund will
make it possible to resume these audits and extend them, for example to city and county governments and special
districts.
We need to recruit, train and coordinate a corps of X number of volunteer “auditors” whose
findings would be analyzed and summarized in a final published report released to the media (see this
example). We also need to develop training materials for use by League of Women Voters meeting
Observers to assess the compliance of local government bodies with the Brown Act.

3. Sunshine Ordinances

Since its founding CalAware has provided interested citizens with resources, consultation and support in their
efforts to enact local policies to improve their access to government meetings and information beyond the bare
minimum standards in state laws like the Brown Act and Public Records Act. A successful CalAware growth
fund will make it possible to educate residents and public officials in more cities, counties, school and special
districts on how they can set their own standards for local transparency and civic participation.
We need to market this service pro-actively to a variety of public interest organizations, e.g.
taxpayer, environmental, and sociopolitical support groups.

4. Publications

CalAware publishes paper and e-guides to the Brown Act and other open government laws, the Public Records Act
and related information privacy laws, the legal rights and risks governing California journalism, and the laws most
useful to government watchdogs. A successful CalAware growth fund will make it possible promptly to update
these reference works as new case law is decided and new legislation is enacted.
We need to recruit one or more law school interns to do this systematic updating under
CalAware supervision, in exchange for acknowledgement in the publication. Updated guides will be
offered for downloads as ebooks only.

5. Legislation

CalAware supports or opposes key bills introduced in Sacramento strengthening or weakening the open
government rights of inquiring citizens and the protections for speakers, journalists and whistleblowers. A
successful CalAware growth fund will make it possible to broaden and deepen that activism with increased public
awareness and involvement.
We need to assemble a network of media and public interest lobbyists to keep in regular touch
with on various bills, and in particular work closely with CNPA and FAC on their priority bills. We
should prioritize and call these groups’ attention to our list of legislative reform proposals.
6. Litigation

CalAware not only provides support, through participation in amicus curiae briefs, for plaintiffs or defendants waging
court battles for open government and free expression, but files such cases in its own name when necessary to
enforce such rights and protections. A successful CalAware growth fund will make it possible to increase the use
of court actions—and cautionary letters and demands, which can be just as effective—in correcting those who do
not respect the laws requiring open government or free speech and press.
We need to regularize a system of challenges to serious Brown Act violations with cease and
desist demands and to blatant CPRA denials with follow-on requests to give CalAware standing,
consulting with first with our VP for Open Government Enforcement and then, if the violation or denial
persists, with the Board’s Litigation Committee for authority to file an action

7. Phone and Email Support

CalAware responds to hundreds of calls and emails per year providing inquirers with answers to questions
(summarized in our Knowledge Base) about open meeting and public records laws and practices, free speech rights
and protections for effective journalism and whistleblowing. A successful CalAware growth fund will help make
this service better known and more available to more people who need it throughout the state.
We need develop and use a routine follow-up satisfaction query email to those who have asked
and received hotline assistance or suggestions, and use the responses for analysis of effectiveness and
also for publicizing CalAware’s value.