06-07-2011 - Legislation Requiring the State of California to b - Item 20 (2).doc City of West Covina
Memorandum
A G E N D A
ITEM NO. 20
DATE June 7, 2011
TO: Andrew G. Pasmant, City Manager
and City Council
FROM: Chris Freeland, Deputy City Manager
SUBJECT: LEGISLATION REQUIRING THE STATE OF CALIFORNIA TO BE SUBJECT TO THE SAME TRANSPARENCY AND DISCLOSURE REQUIREMENTS THAT ARE IMPOSED ON LOCAL GOVERNMENTS
RECOMMENDATION:
It is recommended that the City Council instruct City staff to work with State elected officials representing West Covina, the League of California Cities, and the City's legislative
advocate firm of Joe Gonsalves & Sons, to draft legislation requiring the State of California and special districts to be subject to the same transparency and disclosure requirements
that are imposed on other levels of government.
DISCUSSION:
At the May 3, 2011, City Council meeting, the City Council approved Mayor Steve Herfert’s request to agendize a report seeking the City Council’s consensus to instruct City Staff to
prepare a staff report seeking support from our California legislators to introduce legislation to require the same levels of transparency by the State of California that is mandated
on local governments
Over the years, the California Legislautre or Calfiornia Elected Officials have adopted legislation or implemented policies on disclosure and transparency (Brown Act, FPPC Disclosure
requirements, posting on etc.) that local municipalities are mandated to abide by. West Covina supports transparency at all levels of government, but some of the transparency measures/policies
that have been put into place or are being proposed in Sacramento by the California Legislature do not apply to the State of California government agencies or elected officials. The
philosophy argued by cities is that the State of California government agencies or elected officials should be subject to the same transparency laws that they mandate to local communities.
Citizens should be afforded access to the same information that is expected at the local levels.
Unfortunately, the same scandals that have been highlighted recently at the local level have also affected employees at the State level. With the recent scandal in the City of Bell,
numerous legislative reforms on disclosure and transparency of local government are being proposed. While the City of West Covina supports some of these measures, the City of West
Covina believes these measures should also apply to employees of the State of California, including elected officials. Additional transparency and disclosure of State agencies and
employees would create a more open government and less hypocircy of the State for mandating programs that do not apply to themselves. For example, the State Controller’s Office has
mandated that cities post all salary and benefit information of local government employees on their City website and to submit this information to the State Controller’s Office. Those
cities failing to submit the required information can be penalized with a fine. West Covina has posted this information on the City’s website, but the State of California does not
provide the same levels of transparancy and disclosure that cities are providing. The Sacramento Bee’s website has a listing of State employee salaries that they researched and obtained,
but the State of California does not maintain a website with employee compensation as they require of cities.
There are numerous other examples where the State of California has mandated other transparency and disclosure requirements on local municipalities, but are not subject to those same
requirements. If approved, this agenda item will request City staff to work with State
elected officials representing West Covina, the League of California Cities, and the City's legislative advocate firm of Joe Gonsalves & Sons, to draft legislation requiring the State
of California to be subject to the same transparency and disclosure requirements that are imposed on local governments.
FISCAL IMPACT:
None.
Prepared by:
Chris Freeland
Deputy City Manager