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Open the Government

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November 16, 2004 Vol.5, No.23:   


Published: 11/15/2004

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California Passes Prop. 59 in Win for Open Government

California citizens passed a new open government proposal on Nov. 2 that embeds requirements for open records and meetings into the state constitution. The measure, Proposition 59, passed with 83 percent supporting it.

Although California has state open records and meetings laws, they have been weakened by court decisions, agency interpretations, and other actions to the point that adequate access to government information is not guaranteed. Both the California House and Senate unanimously passed the measure earlier this year. Specifically, the amendment will:
  • provide public access to government meetings and records;
  • assume a broad interpretation for furthering public access and a narrow interpretation for limiting it;
  • require any future laws and rules that limit access to justify the limitation; and
  • preserve constitutional rights including limitations that restrict access to certain government meetings and records, and rights to privacy, due process and equal protection.

The amendment does exempt the state legislature's records and meetings.

Proposition 59 received support from news and journalist organizations, academics and unions. Access organizations had been trying to get such a measure on the state ballot for several years. Florida, Louisiana, Montana and New Hampshire already have similar constitutional amendments. For more information visit the California First Amendment Coalition website.