EVP NOTES — Laws Don’t Apply to Me!

One of the most amazing practices that persists both in Washington and in Sacramento is the effort by elected officials to pass laws. Ok, if you stop reading right here, everything would be ok, right?...That’s their job! However, many of these laws which Congress and the California Legislature pass, don’t apply to them....because they specifically exempt themselves from them.

A good example is so-called "sunshine laws" to bolster government transparency. These laws, open meetings of government agencies, open records, competitive bidding, etc. are valuable tools for anyone interested in knowing what government is doing and an important check on runaway government corruption. Indeed, our own Structural Pest Control Board (SPCB) is subject to these sunshine laws.

Over the years, though, the Legislature has exempted itself from the sunshine laws that it imposes on others. For instance, when the Legislature passed a law 15 years ago to mandate greater access to public records, it exempted itself.

Another example, California’s Brown Act makes it illegal for a quorum of a public agency to meet behind closed doors. This is something the SPCB is very careful about complying with. Routinely, however, legislative majorities meet in caucuses to decide how to handle upcoming legislation. Secrecy rules...especially at this time of year when the final state budget is being put together.

Dozens of "trailer bills" are written in the dead of night, often with provisions that have nothing to do with the budget. A good example was last year when a legislator tried to slip in a provision requiring notification of spraying by pest control professionals. These type of bills have been dubbed "mushroom bills:" grown in darkness, nourished in excrement.

Shining the light on these kinds of practices is due diligence for us as California citizens and voters. Reform is needed, but do you think the majority in the Legislature will pass it?!