By Donna Westfall – September 18, 2018 –
If you’ve been following the posts on Facebook about the 41st District Fairgrounds and the 1/4 cent sales tax Fairgrounds Board, you know that they have not bothered to post their financials or agenda’s or minutes, and in fact, even thwarted the efforts of the 2017-2018 Grand Jury over $921,000 to find out how that money was spent. Special Districts got away with ignoring the public’s pleas for transparency.
That loophole is now gone!
Senator Mike McGuire said:
“Millions of Californians have no idea how their hard earned tax dollars are being spent or what their district board is doing, let alone how to ask for help, because their local district doesn’t have a website,” McGuire said in a statement released Monday. “We are grateful to Gov. Brown for signing this important bill that brings needed transparency to hundreds of districts that work on behalf of hard working Californians.”
Although the law doesn’t go into effect until January 2020, here’s what they have to do:
Section 2: 6270.6. In implementing this chapter, each independent special district shall maintain an Internet Web site in accordance with Section 53087.8.
Further this website information must contain meeting agendas, the district’s budget and expenditures, compensation reports and ways to contact representatives of the district. They would operate under the Brown Act and have to post agenda’s 72 hours before their public meeting.
@ Linda Sutter-
“And,this was to be completed by 2020.AB-2853 Public records.(2015-2016)Senate Floor 38 0 1
Ayes: Allen, Anderson, Bates, Beall, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, “McGuire”, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Stone, Vidak, Wieckowski, Wolk
OOPS NO MCGUIRE HERE?”
(did I Miss something?)
Good point over all Linda. Seems “NEW” legislation is just old legislation Recycled.
under California Constitution Article 1 section 3(a) 2012 clearly defines that special districts fall under the Brown Act. Perspective, SB272 ca. Approved on October 11, 2015, SB 272 adds a section to the California Public Records Act requiring local agencies to create a catalog of Enterprise Systems that means by 2016 all local district, special districts must have a catalog enterprise system, AKA internet website that includes meetings, minutes, etc. and this was effective in 2016. The fairgrounds never got that memo.Senate Floor 40 0 0 Unfinished Business SB272 Hertzberg Concurrence
Ayes: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone, Vidak, Wieckowski, Wolk
AB2853 CHAPTER 275 under GC 6253 added language to include that not only must a public entity be required to have an enterprise catalog system available for public view, but must also if requested be able to show you where to find it online. And, this was to be completed by 2020.AB-2853 Public records.(2015-2016)Senate Floor 38 0 1
Ayes: Allen, Anderson, Bates, Beall, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Stone, Vidak, Wieckowski, Wolk OOPS NO MCGUIRE HERE?
Both of the aforementioned WERE created after the California Sunshine law of 2012. There is a problem with SB929, 53087.8. (2) A resolution adopted pursuant to this subdivision shall include detailed findings, based upon evidence set forth in the minutes of the meeting, supporting the board’s determination that a hardship prevents the district from establishing or maintaining an Internet Web site. The findings may include, but shall not be limited to, inadequate access to broadband communications network facilities that enable high-speed Internet access, significantly limited financial resources, or insufficient staff resources.
SB 929 CONCERNING EFFORTS that violates Ca. Const. Article 1 Section 3(a). As we all know ignorance exudes from this special district and the CEO Kimberly Floyd who has no idea of CPRA or what it entails including the Brown Act. She continues to defy requests for public information not only from the public, but the tax payers association, and two board of supervisors. Not only does she continue to violate these laws due to her lack of understanding but she just simply chooses to ignore the request with no points and authorities for the denial of the request or non response.
(3) A resolution adopted pursuant to this subdivision shall be valid for one year. In order to continue to be exempt from subdivision (a), the governing body of an independent special district shall adopt a resolution pursuant to this subdivision annually so long as the hardship exists.
More on this at http://www.lostcoastoutpost.com The comments in Thunderdome are quite interesting.