Suggested discussion points for the Encinitas Project Forum on municipal public policy, by Kevin Cummins.

1. Open Government
Kevin Cummins
Encinitas Project Forum
2010

2. Current Laws
• Brown Act
Requires public access to meetings
Sets a low bar and no enforcement
Easy to abuse
• California Public Records Act (CPRA)
Requires access to public records
Contains loopholes and no enforcement
Easy to abuse

3. Examples of Abuse
Brown Act Public Records Act
Closed session notification Road conditions report
Orpheus park decisions City-wide traffic study
La Costa hotel project Health-care liability study
Quail Gardens Drive property Widespread email
destruction

4. Solution: Sunshine Ordinance
• A law that is meant to foster transparency in
city government by supporting and
supplementing the Brown Act and CPRA.
• Sunshine Ordinances adopted by 11 California
municipalities:
San Francisco, Richmond, Contra Costa County, Riverside,
Oakland, Benicia, Vallejo, Milpitas, San Diego, and Gilroy.
• Rejected by the Encinitas City Council in 2009.

5. Example Contents of Sunshine Ord.
• Open government oversight commission
• Citizens can place items on council agenda
• End the automatic destruction of electronic
documents (email)
• Make closed session votes public
• Eventual release of closed session records
• Place more data and documents online
• Real-time access to city council correspondence
• End private serial meetings and secret directives
• Require staff reports include all analyzed options

6. Sample of Sunshine Ord. Contents
• Penalties for staff and council violations
• Adequate time for review of technical documents
• Internet posting of ancillary meeting documents
• Ample meeting notification
• Subject specific email notification of meetings
• Public access and accountability for financial
auditors
• Collaborative summary meeting minutes
• Reduced barriers and manipulation of document
access