New public access law not expected to mean big changes for schools
Published: November 5, 2004
Because school district records and board meetings are already covered by a number of comprehensive public access laws, CSBA General Counsel John Bukey said he does not expect the passage of the Proposition 59 to have a major impact on the way school boards conduct routine business.
Voters overwhelmingly approved the measure that amends the state Constitution to include a guarantee that the public has access to government meetings and documents. Bukey said CSBA will examine the measure to ensure that the association’s sample policies comply with the new Constitutional requirement.
But, he added, school boards and other publicly elected bodies are already subject to a number of comprehensive state laws that give the public broad access to government records and meetings. “Proposition 59 does not specify that any new categories of information be made public,” he said. “Instead, it amends the Constitution to include a broad public right to meetings and documents and specifies that laws already on the books be broadly interpreted to give the public as much access as possible.”
The proposition specifically excludes the meetings and documents of the state Legislature from the new public disclosure requirements, which led some critics to oppose the measure.
School boards conduct their meetings in compliance with the Ralph M. Brown Act, which requires that all meetings are open to the public, with the exception of meetings to consider certain legal and personnel matters and natural disasters and public safety.
Public agencies must also let the public know in advance what topics will be covered.
The impact of this initiative on the Brown Act is unclear. The new rules place the burden of proof for denying access on school boards, which must demonstrate why restrictions are necessary.
The state’s Public Records Act establishes the right of citizens to inspect and obtain copies of state and local documents.
CSBA has written sample policies governing the conduct of open meetings and access to records that are available to members who subscribe to the association’s policy services, including GAMUT. The association also has written a detailed guide to the Brown Act for school boards.
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