Assembly Speaker Perez: California Public Records Act Changes Will Not Go Through

Add your comment

A  growing furor over proposed changes to the California Public Records Act is threatening to undo this month’s relatively smooth budget negotiations.

Responding to criticism that the changes would substantially weaken California’s open records laws, Assembly Speaker John Perez announced the lower chamber would vote Thursday morning on a measure identical to the bill it passed last week, but not including the section dealing with open records.  “To be clear, this means that the California Public Records Act will remain intact without any changes as part of the budget – consistent with the Assembly’s original action,” Pérez said in a statement.

But the Senate isn’t budging. President Pro Tem Darrell Steinberg says the Senate won’t vote on that new bill unless he sees evidence local governments are opting out of the public records requirements. Steinberg says the issue isn’t public records. It’s the fact the state is constitutionally required to pay for those local actions. “Unless the local governments are violating the law,” he told reporters, the state should not be on the hook for tens of millions of dollars to pay them for what they should be doing.”

What’s this all about? As we've been reporting today, the proposed Public Records Act changes were included in one of the so-called trailer bills that lawmakers passed alongside the state budget last week. The bill removed the mandatory requirement that local governments respond to requests for documents within 10 days, provide electronic versions of records when available, and provide assistance to records-seekers who aren’t quite sure what they’re looking for.  (For instance, if your town has an Excel spreadsheet of employee salaries that's subject to disclosure and you ask for that information, the town is obligated to provide it to you.)  Such compliance under the bill would have been optional, redefined as "best practices."

After the bill was signed, various mayors, including San Francisco's Ed Lee, said local governments would continue to comply with the law. But First Amendment and open government advocates have been livid, and newspapers published editorials opposing the change, saying the law had been eviscerated. Journalists who rely on the law as an investigatory tool have also been highly critical .

Steinberg says the Senate will also vote soon on a constitutional amendment requiring local governments to foot the bill for public records responses, instead of passing the cost along to the state. California’s constitution requires the state to pay for mandates it imposes on local governments.


Rare Video: Steve Jobs Says All His Work Will Be Obsolete by Time He's 50

Add your comment

Mac Rumors, via The Loop, via EverySteveJobsVideo, via the Silicon Valley Historical Association, published this video yesterday, ostensibly never seen before in public, of Steve Jobs in 1994 talking about his legacy.

 

Continue reading »


Prop. 8 at the Supreme Court: What You Need to Know

Add your comment

by Rachael Marcus, Kelly Dunleavy O'Mara and Jon Brooks

Same-sex marriage proponent Kat McGuckin of Oaklyn, New Jersey, holds a gay marriage pride flag while standing in front of the Supreme Court November 30, 2012 in Washington, D.C. (Chip Somodevilla/Getty Images)

Same-sex marriage proponent Kat McGuckin holds a gay marriage pride flag while standing in front of the U.S. Supreme Court in November 2012. (Chip Somodevilla/Getty Images)

We are fast nearing a U.S. Supreme Court decision on Proposition 8, California's same-sex marriage ban. The court does not announce in advance which opinions it will release on which days, but the last scheduled date for opinions to come down is Jun 27, though the court could stretch the wait out beyond that date. Many SCOTUS observers believe the court will take as long as possible on the same-sex marriage cases, as it often does with potentially landmark decisions.

Still, there's a possibility we could get a decision as soon as Thursday. UC Davis law professor and SCOTUSblog analyst Vikram Amar told us that would not be entirely unusual, pointing to Citizens United and Romer v Evans, another key LGBT rights case, among a host of others that came down relatively early.

As you await the decision, here is an updated reposting of our Prop. 8-at-SCOTUS primer, which we first published in March, when the case was heard.

SAME-SEX MARRIAGE IN CALIFORNIA: A BRIEF HISTORY

In California's June 2000 primary, 61 percent of the electorate voted "yes" on Proposition 22, a measure that amended state law to say: "Only marriage between a man and a woman is valid or recognized." The state Supreme Court overturned the law in 2008 as discriminatory, opening the way for same-sex couples to get legally married in the state. About 18,000 gay and lesbian couples took advantage of the chance to tie the knot.

But the door that had been opened to same-sex couples slammed shut in November 2008, when voters passed Proposition 8. The measure, a constitutional amendment banning same-sex marriage, passed with 52 percent of the vote.

Same-sex marriage advocates immediately filed challenges with the California Supreme Court, which agreed to hear the case, and in May 2009 the court upheld Prop. 8, another blow against same-sex marriage. Continue reading »


Quick Read: Immigration Bill Could Help Deported Parents Reunite With American Children

Add your comment


When parents of children born in the U.S. are deported, their kids sometimes stay behind. Many live with other family members in the United States, but thousands end up in foster care. The immigration bill being debated in the U.S. Senate could make it easier for these families to be reunited -- or stay together in the first place.

Read more at: www.californiareport.org


Amid Growing Open Records Controversy, Mayors Promise To Comply With Law

Add your comment

UPDATE: Moments after this post went live, Assembly Speaker John Perez announced legislators will vote to restore these public records requirements Thursday morning.

There’s a growing controversy in Sacramento over a bill on Gov. Jerry Brown’s desk that would change California’s open records laws.

San Francisco Mayor Ed Lee, Santa Ana Mayor Miguel Pulido and Sacramento Mayor Kevin Johnson discuss California's 2013 budget. (Scott Detrow / KQED)

San Francisco Mayor Ed Lee, Santa Ana Mayor Miguel Pulido and Sacramento Mayor Kevin Johnson discuss California's 2013 budget. (Scott Detrow / KQED)

The language, contained in one of the so-called trailer bills that lawmakers passed alongside the state budget last week, gives local governments the option to: ignore requirements to respond to requests within 10 days; provide electronic versions of records if they’re available; and provide assistance to records-seekers who aren’t quite sure what they’re looking for.

As the San Diego Union-Tribune describes it, the proposal “would save money by reducing costs for local governments, some of which might have been billed to the state.”

Critics are warning the changes – which await Brown’s signature or veto – would “eviscerate” open records laws. But during an appearance at the Capitol Wednesday afternoon, the mayors of nine of California’s largest cities promised they’d continue complying with the state’s records mandates.

“We don’t expect to get reimbursed from the state” for handing records requests, said San Francisco Mayor Ed Lee.  “We’re so many years from that. That shouldn’t stop us from doing it. I think that nothing is going to change as far as record requests in the city of San Francisco.”

Long Beach Mayor Bob Foster said the open records language came up during the mayors’ meeting with Brown. “All of us agreed… we’re all going to comply with the Public Records Act,” he told reporters. “We’re all going to use best practices. We would love for the state to reimburse us, but they haven’t been doing it anyway. It’s good government, it’s transparency, and all of us will continue to do that.”

Lee and Foster were joined by the mayors of Oakland, Sacramento, San Jose, San Diego, Anaheim and Santa Ana, as well as Los Angeles Mayor-elect Eric Garcetti.

The gathering of mayors had its awkward moments. At one point, San Diego Mayor Bob Filner jokingly thanked Oakland Mayor Jean Quan for offering to accept all of California’s newly released prisoners, or as he called them, “prison guys.”

Sacramento Mayor Kevin Johnson broke the brief silence by pointing out Filner was “a rookie mayor.”

“My sense of humor has not … gone over yet with San Diegans,” Filner replied.


Fracking Regulation Bill May Expand to Other Parts of Drilling Process

Add your comment

The legislator behind the last major hydraulic fracturing bill left standing in Sacramento says she’s preparing to broaden the measure.

An oil rig in Kern County, California where most fracking has historically taken place. (Photo: Craig Miller/KQED)

An oil rig in Kern County, California where most fracking has historically taken place. (Photo: Craig Miller/KQED)

Senator Fran Pavley’s bill, SB 4, passed the Senate last month on a 28-11 vote. It’s now in front of the Assembly. The legislation would set standards for how California regulates oil drilling and what sort of information drillers would be required to make public. The Department of Conservation’s Division of Oil, Gas and Geothermal Resources is working on its own regulations governing fracking, but Pavley has criticized the department for moving too slowly.

Pavley says she’s now preparing to rewrite the measure so that it covers other aspects of shale drilling – not just the fracking process that makes up just one stage of the oil extraction process.  “We’ll amend it to broaden the well-stimulation processes,” she said, “with the bottom line being protecting the public health and safety, and not guessing which technology [to cover.] That’s perhaps not the point – it’s more so to have the transparency and disclosure in all our regulatory agencies.”

Another change removes language that would have imposed a moratorium on the permitting of fracking if a safety study wasn’t completed by 2015. Continue reading »


Open Government Activists Irate Over Proposed Weakening of Public Records Act

Add your comment

By Francesca Segrè and Dan Brekke

File photo. Sacramento (David Paul Morris/Getty Images)

File photo. Sacramento (David Paul Morris/Getty Images)

First Amendment activists and advocates of open government are furious about legislation sent to the governor that could make public records harder for news organizations and the general public to get.

Currently, the California Public Records Act requires local government agencies to respond to requests for public records within 10 days, to inform those who request information what records are available, to explain themselves when they deny a request, and to provide electronic records in the same form they're stored (for instance, if your town has an Excel spreadsheet of employee salaries that's subject to disclosure and you ask for that information, the town is obligated to provide the spreadsheet).

All that would change under a provision passed as a "trailer" to the state's budget last week and sent to Gov. Jerry Brown.

Those directives in the current law are redefined as "best practices" and local government agencies are "encouraged, but are not required" to follow them. The new language would also compel local agencies to announce at their first public meeting every year whether they'll volunteer to adhere to the best practices. (Note, though, that the changes do not repeal the Public Records Act, and all the law's provisions still apply to state government records.) Continue reading »


San Francisco Rallies Around Tamale Lady

Comments (2)

(Bay City News) A week after a San Francisco bar said it would no longer be able  to allow the "Tamale Lady" to serve her famous food at its establishment, a  city supervisor said Tuesday that he is working on a solution.

Virginia Ramos, aka The Tamale Lady, at Zeitgeist. (Photo: Dinah Sanders/Flickr)

Virginia Ramos, aka The Tamale Lady, at Zeitgeist. (Photo: Dinah Sanders/Flickr)

The popular Valencia Street establishment Zeitgeist announced on  Facebook last week that city codes were preventing Virginia Ramos from  serving her famous tamales

Supervisor David Campos said at today's board meeting that since  the news came out, his office has received "hundreds of calls and emails from  people wanting to know how they can help the Tamale Lady."

Campos said he met with Ramos on Friday and is looking at a few  different solutions that would allow her to continue serving the tamales at  Zeitgeist and other restaurants while complying with laws from the city's  Department of Public Health.

SFDPH spokeswoman Eileen Shields said the issue comes down to  liability because "health code says if a restaurant is selling food from an  unlicensed vendor and someone gets ill, it's on the restaurant."

Shields said the department "has been trying for a number of years  to work with her to become permitted and will continue to try to do that."

Ramos is a "much-loved community resource," Shields said. "Many of  us at the health department like her tamales as well, so there's a lot of  support for her to get permitted and become legit."

Campos said that Ramos began selling the tamales after realizing  that her day job as a domestic worker cleaning houses was not bringing in  enough money to support her family, which includes seven children. Continue reading »


Silicon Valley Cos. Join With Labor in Teaching Janitors English

Comments (2)

By Jason Margolis

If the immigration bill being debated by the Senate this week becomes law, millions of immigrants eager to become legal residents will need to learn English. It's also currently a requirement for passing the citizenship exam.

But studying is a daunting task for people working multiple jobs, and budget cuts to adult education make finding a class difficult.

Volunteer tutors at Google team up with the company's janitors in weekly English classes and independent study. (Jason Margolis/KQED)

Volunteer tutors at Google team up with the company's janitors in weekly English classes and independent study. (Jason Margolis/KQED)

Consider the case of Daniel Montes. When he was 18, Montes moved to the Bay Area from Mexico. Everything was an adjustment, but nothing was more difficult than the new language.

“It would be equal to losing your voice and not being able to speak from one day to the next,” he said.

Montes found work as a janitor. He said he remained virtually silent at work for two years until he found an ESL class in a church in San Jose.

“It was a big commitment, and it was very difficult physically to sustain,” he said. “There were times when I would lose my pencil because I was so tired from working two jobs.”

That was in the late 1970s. Today Montes runs Brilliant General Maintenance, a company in San Jose. He has about 300 janitors on his staff, most of whom are immigrants like him. Montes said he’s glad his employees have an easier path to learn English. Continue reading »


San Francisco Housing Authority: Huge Deficit, Work-Order Backlog, Labor Negotiations on Agenda

Add your comment
A resident from SFHA's Sunnydale complex shows how an outlet in her home has burn damage inside of it, She says housing managers have not responded to her calls to fix the health and safety issues in her home. (Photo: Deborah Svoboda/KQED

A resident from SFHA's Sunnydale complex points to an outlet in her home with burn damage.  Housing managers have not responded to her calls to fix this and other problems in her apartment, she said. (Photo: Deborah Svoboda/KQED

The agency that supplies public housing to thousands of low-income residents in San Francisco is under intense pressure to get its own house in order. Last week, tenants of the city's Housing Authority testified at a Board of Supervisors committee hearing about their struggles with roaches and rodents, leaks and mold. Two recent audits say the agency has done a poor job of managing its staff and budget and as a result has lost out on millions of dollars of federal subsidies.

Earlier this month, we saw a real-world example of how the authority's problems affect its tenants when we met with Maria, who has lived in the SFHA's Sunnydale complex for seven years. She complained of bedbugs and what she believed was asbestos, which she said the Housing Authority has not investigated despite repeated notifications.

As part of our continuing reporting on the troubled agency, KQED's Stephanie Martin spoke with its interim executive director, Barbara Smith, and to the president of the Authority's commission, Joaquin Torres. Here's an edited transcript:

STEPHANIE MARTIN: Ms. Smith, since you stepped into your new role a few months ago you've been facing a massive backlog of repair work that needs to be done. How are you tackling this on behalf of residents?

BARBARA SMITH, EXEC. DIR., SFHA: We have enormous challenges at the Housing Authority, including a huge budget deficit, and we're doing everything we can to address the backlog of work orders. We have reorganized our maintenance department, reinstated a director of maintenance who five years ago managed maintenance operations. We have a new IT system that enables our foreman to dispatch workers to properties much more efficiently than in the past.

We have a shortage of staff, however. And we don't have a maintenance mechanic position or a maintenance general classification at each property. This maintenance mechanic position would enable us to address resident needs much more quickly. Continue reading »