San Francisco Chronicle

Dems decry in D.C. the secrecy they use in Sacramento

- Dan Walters writes for CALmatters, a public interest journalism venture committed to explaining how California’s state Capitol works and why it matters. For more by Walters, go to www.calmatters.org/commentary

Knowledge, it’s been said, is power. And that explains, in a nutshell, why those in public office fundamenta­lly dislike, and often resist, revealing informatio­n to the voting and taxpaying public.

That’s especially evident in Washington, where informatio­n is a commodity to be acquired, hoarded and traded — and only reluctantl­y shared with the larger public.

The flap over the secret drafting of a health care bill in the Republican-controlled Senate is only one of countless examples of how access to informatio­n, or the lack thereof, preoccupie­s the nation’s capital.

While Democrats complain loudly about secret backroom deals in Washington, the Gucci is on the other foot in Sacramento, where their party is dominant.

The Capitol’s Democrats are quite willing to use their monopoly on informatio­n to their advantage, as this year’s budget process demonstrat­ed.

Until the last possible legal moment — a new law requires bills to be in print for 72 hours before final action — Democrats sat on details of what the budget would contain, and that was particular­ly true of the many “trailer” bills that accompany the main budget measure.

As usual, the secretly drafted trailers contained countless specific decrees that had nothing, truly, to do with the budget itself. Because they require only simple majority votes to enact and take effect immediatel­y upon signing — preventing them from being challenged via referendum — trailers have become convenient vehicles for enacting changes in law without going through the usual legislativ­e process.

A couple of those semisecret trailers, ironically, were aimed at creating even more official secrets by modifying one of the state’s most important sunshine laws, the Public Records Act.

One, written by Gov. Jerry Brown’s administra­tion, would stamp a “top secret” label on plans to handle emergencie­s at dams, saying it’s needed to “protect public safety.”

It was approved in the wake of the Oroville Dam crisis, in which nearly 200,000 residents along the Feather River, north of Sacramento, were evacuated when it appeared the dam could fail. The Republican assemblyma­n who represents the affected area, James Gallagher, complained about placement of the provision in a budget trailer bill without full legislativ­e hearings, but to no avail.

It continues state water officials’ curious habit of dragging their feet on releasing informatio­n about Oroville’s problems. Portions of the dam’s main spillway collapsed, apparently because of faulty design and/or constructi­on a half-century ago, and an emergency spillway almost failed.

So does making informatio­n about Oroville and other dams secret really protect public safety, or just shield officials from criticism?

Another trailer bill would exempt personal contact informatio­n about local and state government employees from the state’s Public Records Act. It would ban public agencies from releasing that informatio­n to anyone but unions, which are already granted access to it and whose members make up many of those worker ranks.

Why the ban? A pending U.S. Supreme Court case could set aside a California law requiring all public workers to pay dues to unions, even if they are not members. If it happens, the trailer bill’s new public records exemption would make it difficult, or impossible, for anyone to contact workers and suggest that they stop paying dues. Giving unions — which are major Democratic funders — access to data that the public cannot obtain demonstrat­es that informatio­n is, indeed, power.

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