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CalAware Reform Efforts and Achievements

Litigation
Protection from SLAPP Fees CalAware’s First Amendment/Brown Act challenge in 2007 to a school
board’s retaliation against a trustee’s outspoken criticism was unsuccessful. And it left CalAware’s co-
plaintiff and first president, Richard McKee, compelled to pay the board’s attorney fees for having the
case dismissed by a government SLAPP motion. That threat to Brown Act enforcement prompted the
passage in 2009 of SB 786, making citizens’ unsuccessful suits to enforce the open government laws
immune from such fee shifting consequences.

Withholding VIP Speaker’s Contract CalAware in 2010 sued California State University Stanislaus
alleging that it violated its duties under the California Public Records Act and wrongfully withheld a
speaking contract with former Alaska Governor Sarah Palin. The court ordered release of the contract.

Overcharges for Public Records Copies CalAware in 2010 sued the Contra Costa County
Community College District for violating the California Public Records Act in charging $40 per hour
for staff time in compiling copies of public records; the District settled the suit by dropping the policy.

Posting Misleading Agenda CalAware in 2012 sued the San Diego Board of Supervisors for taking
action to adopt specific recommendations in a report that the agenda said should be simply received
and evaluated with a report back by staff in 60 days, and for acting in accordance with a staff-prepared
“cheat sheet” withheld from public dissemination. The board settled by rescinding the action taken.

Withholding Agenda Calendars CalAware in 2014 sued the City of Salinas for withholding from
the public, as a preliminary draft exempt from disclosure, a “calendar of upcoming events” to be
placed on future city council meeting agendas, although the document was made available to council
members. The city settled the suit by pledging to make future calendars available on request.

Backstage Serial Signatures CalAware in 2015 sued the Los Angeles County Board of Supervisors
alleging it violated the Brown Act when its members privately and serially signed letters to the
Legislature and the Governor opposing a bill intended to strengthen . . . the Brown Act. The Board
settled the suit in August 2016 by pledging to announce any future full board signature correspondence
on the open meeting agenda and authorize it by public vote.

Abuse of Closed Real Property Talks CalAware in 2012 sued the Los Angeles Memorial Coliseum
Commission and won a court decision that commissioners had violated Brown Act limits on the scope
of real property closed sessions by secretly engaging in wide-ranging discussions of multiple aspects of
a proposed lease to USC.

2218 Homewood Way, Carmichael, CA 95608 • (916) 487-7000 • terry@calaware.org • www.calaware.org

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OPEN GOVERNMENT • FREE SPEECH • PROTECTED REPORTING

Abuse of Closed “Security” Talks CalAware in 2012 sued the Los Angeles Board of Supervisors for
holding an unlawful closed session to discuss with Governor Brown the financial burden of his plan to
shift state prisoners to local jails, forcing the Board to settle by pledging not to repeat the practice.

Abuse of Closed Litigation Talk CalAware in 2014 sued the Board of Trustees of the Pasadena Area
Community College for misrepresenting the facts justifying a closed session to consider litigation; the
court ruled that this Brown Act violation voided a departing chancellor’s $400,000 severance payment.

Withholding Asset Forfeiture Records CalAware in 2016 sued the City of Baldwin Park for failing
to retain records of its application to the U.S. Department of Justice for a share of funds or property
confiscated from citizens using civil asset forfeiture; the City settled by pledging to do so in the future.

Legislation
Remedy for Perceived Open Meeting Violations Prompted by an appellate court ruling that the
Brown Act provided no remedy for past violations if the perpetrating body claims they’ve been
suspended, CalAware co-sponsored a successful 2012 bill, SB 1003, providing a way for local public
bodies to avoid litigation by pledging to abandon meeting-related practices that prompt accusations of
Brown Act violations–without conceding that they are unlawful. It also gives citizens the opportunity to
demand and achieve such commitments to “cease and desist” from certain practices that result in
needless mystery or surprise without having to file a lawsuit.

Public Records Access Enforcement Prompted by its 2006 audit results, CalAware sponsored AB
2927, which among other things would have provided for immediate Attorney General review of every
public agency denial of access to its records, and for a fine of up to $100 per each day a public agency
was found by a court to have withheld access not only incorrectly but willfully. Vetoed by Governor
Schwarzenegger for requiring AG review of access denials by a governor’s office.

Public Records Access Improvement Prompted by Governor Schwarzenegger’s veto of AB 2927,

CalAware sponsored AB 1393, which would have required every state agency, board and commission
with a website to provide on its home page an HTML form allowing people to submit requests for
public records, and called on Attorney General Jerry Brown to convene an expert study group to
recommend which types of records should be routinely posted on state websites to spare citizens from
having to ask for them piecemeal. Vetoed by Governor Schwarzenegger as unnecessary.

Access to Records of Auxiliary Organizations Prompted by an appellate court ruling that nonprofit
auxiliary organizations providing funding to public colleges and universities were not subject to the
California Public Records Act, CalAware in 2009 supported SB 218, which subjects auxiliaries to
special records disclosure requirements closely paralleling the CPRA.

Protection for Citizens Speaking at Public Meetings Prompted by repeated abuses by local
government bodies, CalAware in 2014 co-sponsored AB 194, a bill protecting citizens’ rights to
address public officials at open meetings without viewpoint discrimination, interruptions and other
frustrations; Governor Brown vetoed the bill as unnecessary.
2218 Homewood Way, Carmichael, CA 95608 • (916) 487-7000 • terry@calaware.org • www.calaware.org