Mandate or No, Open Meetings Law Will Continue, City Says

This article was originally published Wednesday, July 18.

Despite the state’s recent announcement that it will suspend mandated portions of the Brown Act, a law requiring cities and other agencies to publish meeting agendas and minutes, Petaluma says it will continue doing so in the spirit of transparency and open government.

“The Brown Act has served us well,” Councilman Mike Harris told Patch in an email Wednesday. “It gives sunlight to the process and gives people comfort that no matter where they lean on an issue that there is a fair and transparent process in place.”

Passed in 1953 in response to concerns over informal and undisclosed meetings held by local elected officials, the law has since become an integral part of California government, with the state doling out money to cities to offset costs.

But last week, the state announced it was freezing portions of the law for three years in an effort to save $96 million a year. In other words, the state gave cities the option to "opt out" since would receive no payment for compliance.

Yet according to Petaluma's Finance Director Bill Mushallo, Petaluma has not received any money from the state to fund Brown Act requirements for the past seven years, leaving City Hall to pay for copying and posting notices out of its general fund.

With expenses averaging around $40,000 a year, the state now owes Petaluma more than $270,000, Mushallo said.

And the money won’t be paid until the state legislature appropriates funding for the Brown Act, which it hasn't done since 2005, according to the state controller’s office.

That has led to some chuckling about many other unfunded mandates—like realignment of the state prison system and schools—and wondering just when the state may reimburse the city.

“I'm so glad to hear the State of California owes the City of Petaluma $200,000,” said Councilman Mike Healy. “It reminds me of Wimpy's line from the Popeye cartoon series-- ‘I'll gladly pay you Tuesday for a hamburger today.' Of course Petaluma will continue to post agendas, allow public comment and otherwise follow the Brown Act."

Other councilmembers agreed, with Tiffany Renee saying there are many opportunities for the city to save money by storing and making more documents available electronically.

Currently, all meeting agendas, reports and other documents are posted on the city’s website at cityofpetaluma.net

Are you satisfied with the council's decision to continue to pay for meeting noticing and reports even if not required? Have you ever tried to request a document from City Hall? Share your experience with other readers.