{"id":61758,"date":"2025-11-20T08:18:12","date_gmt":"2025-11-20T08:18:12","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-ca\/61758\/"},"modified":"2025-11-20T08:18:12","modified_gmt":"2025-11-20T08:18:12","slug":"charter-review-subcommittees-raise-transparency-concerns","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-ca\/61758\/","title":{"rendered":"Charter Review Subcommittees Raise Transparency Concerns"},"content":{"rendered":"

At last month\u2019s Santa Clara Charter Review Committee<\/a>, some questioned whether certain subcommittee members might be pursuing political agendas behind closed doors. Because these smaller groups aren\u2019t subject to California\u2019s open meeting law, the\u00a0Brown Ac<\/a>t, the question is: Are these private discussions in the spirit of the transparency that\u2019s at the heart of the Brown Act?<\/p>\n

The subcommittees\u2019 structure and limited purpose exempt them from public meeting requirements. They aren\u2019t made up of a quorum of the larger committee\u2019s membership and have a limited task and duration. But some say that the work they\u2019re doing \u2014 overhauling the city\u2019s governing document \u2014 shouldn\u2019t happen out of public view.<\/p>\n

\u201cIt\u2019s not an attempt to avoid transparency, but to get work done efficiently,\u201d said Santa Clara City Attorney\u00a0Glen Googins, the committee\u2019s advisor. \u201cThe subcommittees are working groups. They need flexibility in how and when they meet in order to make progress.\u201d<\/p>\n

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City staff are present at each subcommittee meeting. Further, subcommittee work will be reported monthly to the full committee, which is subject to the Brown Act. Finally, the whole committee must approve proposed changes before forwarding them to the City Council. After that, it\u2019s up to the council to put proposed changes before voters.<\/p>\n

The\u00a0Charter Review committee\u2019s scope\u00a0is also tightly specified by its bylaws: (section 3.4): \u201cThe proposed \u2018top to bottom\u2019 review process is intended to be driven by practical and legal considerations, with the prime objective being to bring the Charter up to current \u2018best practices\u2019 for City operations,\u201d said Googins. \u201cIt is not intended to implement any major restructuring of City operations or to change the City\u2019s election process.<\/p>\n

\u201cIts purpose is to align the city charter with best practices and current law,\u201d Googins continued, \u201cnot to reshape city government or revisit past controversies.\u201d<\/p>\n

What that puts off limits, Googins explained, are structural changes like adopting a strong mayor form of government or whether the city clerk should be elected.<\/p>\n

Transparency vs. Practicality<\/p>\n

The Brown Act makes certain exceptions \u2014 for example, real estate, negotiation, consultations with lawyers, and some personnel issues. Another exception\u00a0is for ad hoc subcommittees: small groups formed for a specific purpose and duration that don\u2019t include a quorum of their parent body.<\/p>\n

Still, some observers question whether keeping these sessions private is harmonious with the spirit of open government.<\/p>\n

\u201cThe issue is complicated,\u201d said\u00a0David Loy, legal director of the\u00a0First Amendment Coalition<\/a> (FAC).<\/p>\n

\u201cThe full committee is certainly subject to the Brown Act. But when it comes to ad hoc groups, reasonable people can agree to disagree. Absolute transparency carries costs, and so does absolute secrecy.\u201d<\/p>\n

While the law doesn\u2019t require the subcommittees to meet in public, Loy said, there is \u201cno bar\u201d against making meetings open to the public, or publishing transcripts to keep the community informed.<\/p>\n

At the end of the day, subcommittees are designed for practicality.<\/p>\n

\u201cIt\u2019s an appropriate way to get work done,\u201d Santa Clara City Attorney Googins said. \u201cThe full Charter Review committee\u2019s meetings remain open to the public, with opportunities for comment. All final recommendations must go through that public process before any proposed charter changes reach the ballot.\u201d<\/p>\n

\u201cThese are the meetings where the real work happens,\u201d Loy said. \u201cThat\u2019s true in Congress, it\u2019s true here. The question is always how to strike the right balance between openness and effectiveness.\u201d<\/p>\n

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