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PUBLIC RECORDS, OPEN MEETINGS.
Legislative Constitutional Amendment

THE QUESTION

Should the California Constitution be amended to give people the right to access information concerning meetings and writings of state and local government bodies, officials, and agencies as long as the constitutional rights of privacy and due process are protected?

THE SITUATION

Currently, the California Constitution does not address the public's access to government information. Two California laws, the California Public Records Act and the Legislative Open Records Act, relate to access to government information. Three laws, the Brown Act, the Bagley-Keene Open Meeting Act, and the Grimsky-Burton Open Meeting Act, regulate access to public meetings. These laws, however, allow some information to be exempt from disclosure; for example, information relating to individuals' personnel or medical privacy.

THE PROPOSAL

Proposition 59 adds a provision to the State Constitution requiring that meetings and writings of government entities and of.cials be open to the public. It requires that statutes and government decisions be broadly interpreted to further the people's right to access. Future government actions that limit the right to access would have to be justi.ed. Some exemptions still apply, such as law enforcement records and meetings of the State Legislature.

FISCAL EFFECT

The measure incurs only minor expense.

WHAT A YES OR NO VOTE MEANS

A YES vote means Californians would have a constitutional right to access government information. A government entity would have to demonstrate to a greater extent why information requested by the public should be withheld.

A NO vote means the public's rights to obtain government information would not be addressed in the California Constitution.

SUPPORTERS SAY

• People need open, reasonable, and accountable government.
• Courts have put the burden on the public to justify disclosure rather than the reverse.
• Proposition 59 ensures that private information about individuals will remain private.

OPPONENTS SAY

• Proposition 59 exempts from disclosure records deemed private by the courts and records of the Legislature and its employees.
• Proposition 59 does not go far enough and its passage may prevent a stronger law from being enacted.
• The current level of government information available to the public is acceptable and does not require a constitutional amendment.

For more information:

Supporters: Coalition for Open Government, (916) 327-9178, www.yesonprop59.org

Opponents: Gary Wesley, Attorney at Law, (408) 882-5070

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