Something to Hide

California has an open-meeting law that is sound in theory only. The Bagley-Keene Open Meetings Act prohibits secret discussions of government business by state boards, commissions and agencies. That should protect the public’s right to know, and be good for democracy--but the law has no teeth.

It is not mandatory but only directory, according to a 1984 opinion by the attorney general’s office. As a result, a government action taken in violation of the act can remain valid. Also, public servants who scheme to keep the public eye off the public business face a minor penalty--misdemeanor charges--that only the most zealous prosecutor would file.

AB 214, sponsored by Assemblyman Lloyd G. Connelly (D-Sacramento), would fix the flaws. It is on Gov. George Deukmejian’s desk awaiting his signature. The bill would require open meetings of all state bodies unless there was specific authorization for a closed session. It also would require advance public notice of at least 10 days, and advance publication of the agenda. Any business not on the advance agenda would be prohibited.

AB 214 would also provide a mechanism for voiding an improper action. Citizens or groups could challenge any improper decision within 30 days. Those court challenges could be avoided if state agencies were to correct improper actions at a second meeting.

The California Assembly approved the bill without dissent, and the Senate has concurred. The proposal has the support of the attorney general’s office, the Sierra Club, Common Cause, the Police Officers Research Assn. of California and other groups.

Opponents argue that the requirements would hurt government efficiency. That is ridiculous. Provisions in the bill would protect against frivolous challenges and challenges to actions involving notes and bonds, tax collection and certain contracts. Yes, it does take time to post specific agendas, to give advance notice of meetings and to allow public airings of controversial issues. More work might get done quickly behind closed doors. But that is not what responsible government is about.

California is one of 17 states, among them Florida and New York, with open-meeting laws. The laws are a recognition that secret meetings do not serve the public interest. They help only those with something to hide.