Politics & Government

Wasserman Supportive of County Open Government Ordinance

Former Los Gatos Mayor says he'll vote in favor of ordinance to increase transparency in county government.

Mike Wasserman, former Los Gatos mayor and current District 1 supervisor, said he'll vote Tuesday in favor of an open-government ordinance to increase transparency in Santa Clara County government.

The ordinance, being introduced by Board of Supervisors President Dave Cortese, will direct the county administration to develop an open-government law using best practices from other jurisdictions.

The proposed ordinance is expected to be discussed at the June 9 meeting of the county's Finance and Government Operations Committee, according to Steve Blomquist, a policy aide with Cortese's office.

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Cortese wants to give the public more notice and access to county documentation, such as county agendas and reports, and more video coverage of county meetings. Right now, board meetings are streamed live on the county's website, and public documents are readily made available to the media, going above and beyond what the state's open-government laws prescribe.

"The openness of any government is a worthwhile way to go," Wasserman said. "I'm a strong believer that any organization can always improve how it conducts its business, and periodically checking best practices is a great way to do that."

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He added, "A sure sign of trouble is when an organization doesn't look to improve itself, and I'm proud of the direction Santa Clara County is going."

For his part, Cortese said, “Elected officials serve the public. It is imperative that the public is aware of the decision-making process.

“An open government ordinance would allow the general public easier access to their representatives and a clear view of how decisions are made that affect their daily lives.”

Wasserman said while working for the town of Los Gatos, he often contacted other municipalities to find out their best practices. "The old adage applies—why reinvent the wheel," he said.

The junior supervisor said that during his eight years serving on the , including two terms as mayor, emails and phone calls were all public record, and he held public meetings around town two or three times a year to make government more accessible to its residents.

All government agencies in the state must abide by the Ralph M. Brown Act, which guarantees the public’s right to attend and participate in meetings of local legislative bodies. The law was enacted in response to mounting public concerns over informal, undisclosed meetings held by local elected officials. Before the law, there were city councils, county boards and other local government bodies that avoided public scrutiny by holding secret "workshops" and "study sessions."

The Bagley-Keane Act, which is comparable to the Brown Act, mandates open meetings for state government agencies.

The California Public Records Act is designed to give the public access to information in possession of public agencies, stating that, "public records are open to inspection at all times during the office hours of the ... agency and every person has a right to inspect any public record, except as ... provided, [and to receive] an exact copy [of] an identifiable record" unless impracticable.

Specific exceptions to disclosure are listed in certain sections of the act, but to ensure maximum access, they are read narrowly. The agency always bears the burden of justifying nondisclosure, and "any reasonably segregable portion ... shall be provided ... after deletion of the portions which are exempt." 

The act covers all state and local agencies, including their offices, bureaus and departments, as well as any boards, commissions or agencies created by the agency (including advisory boards) and nonprofit entities that are legislative bodies of a local agency. 

Wasserman represents county supervisorial District 1, which includes Los Gatos, Gilroy, Almaden Valley, Santa Teresa, Blossom Valley, Morgan Hill, San Martin, the Mt. Hamilton Range and the Santa Cruz Mountains. The district's population is more than 340,000 and encompasses 70 percent of county land.


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