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In light of @SenBenHueso and @MaraWElliott’s bill to eliminate the public’s ability to hold government accountable for transparency, here’s a throwback to the time I filed a lawsuit that forever changed the way Chula Vista appoints city council members. google.as/amp/s/www.sand…
Also, when the San Ysidro School Board tried to appoint a school board member without allowing public comment, we forced them to redo that appointment at a new meeting, giving the public a chance to be heard first. google.as/amp/www.sandie…
When the National City Mayor and two City Council Members violated the Brown Act by pulling a bait and switch with their Welcoming Resolution, then refused to comply with the CPRA, we filed a lawsuit to hold them accountable. courthousenews.com/welcoming-city…
When it comes to open government I haven’t stayed on the sidelines. I have taken action to hold government officials accountable for the transparency and open government the public deserves; even when it has upset people and put me at odds with powerful public officials.
Before a lawsuit is filed over the CPRA there is a lot of communication with the agency withholding the information. Most of the time this also involves extension requests from the agency. No one wants to sue. They want our government and elected officials to follow the law.
Lawsuits aren’t filed because an agency innocently forgets to include 1 page in a request where they produce hundreds of documents. If a lawsuit was ever filed based on that premise, I doubt a judge would tolerate it.
CPRA lawsuits are filed because government agencies refuse to produce documents and rely on inappropriate exemptions to justify their actions.
The last step before a lawsuit is filed is to send the agency withholding the information an intent to sue/demand to cure letter. If the agency still refuses to release the information a lawsuit is required to compel the release.
Again, the agency has many chances to communicate and produce relevant documents. Communication is not the problem.
In a lawsuit attorney’s fees are only paid if there is a settlement or the plaintiff prevails. It is the agency/elected officials who force it to that point. If they don’t want to spend taxpayer money on these fees, they should air on the side of transparency and follow the law.
Every member of the public deserves to know their rights under open government laws. In the past I have helped put on free Open Government Boot Camps to provide education on the laws, as well as the obligations of government agencies and elected officials. thestarnews.com/open-governmen…
We don’t need laws that allow government to be more secretive. We need stronger laws that hold government accountable to openness and transparency.
