THE HERALD’S RECENT INTERESTING AND INFORMATIVE TWO-PART SERIES on the Brown Act and Benicia’s Open Government Ordinance inspired me to review my saved files on the Benicia Sunshine Ordinance Ad Hoc Committee.
John Moses, Herald editor at the time, wrote: “A panel of citizen volunteers has, since January (2004), sat in regular sessions with City Attorney Heather McLaughlin, Vice Mayor Elizabeth Patterson and Councilman Tom Campbell to design the best good government ordinance I have ever read . . . I think it’s that last thing — the citizen empowerment part (the Open Government Commission) — that has a few people squirming in their seats.”
Thomas Peele of the Contra Costa Times wrote in 2005 that he hoped Benicia’s Open Government Commission would survive, unlike a similar commission in Oakland: “. . . the most important thing (Benicia) can do is make sure that their ordinance doesn’t become a shiny passage in the city law books that no one takes seriously.”
The ordinance almost didn’t make it. Again from John Moses, in an editorial titled, “The Darkness Commission?”: “After more than a year of public meetings a City Council subcommittee crafted a Sunshine Ordinance that was later passed by a 4-1 vote of the City Council.
“Our mayor (Steve Messina), who was the sole vote against the open government law, refused to appoint the commission for about six months. . . . I’ll be very surprised if the public truly does not want a guarantee of its rights, the improved online agenda, city staff training and a qualified citizen panel to oversee the law’s implementation and address public concerns.”
Because of the editorial voice and reporting on Benicia’s government and access to subcommittee meetings, records and early notice, we now have a healthy and thriving Open Government Commission, trained and responsive staff and a citywide culture of “sunshine.” At the end of the day, the community gets the government they are willing to work for.
In recognition of our work on the Open Government Ordinance, I received the James Madison Freedom of Information Award in March 2006 from the Northern California Society of Professional Journalism. However, this recognition really belongs to John and all Benicians. I dedicate this column to both.
There are three chapters in the story of my experience with the Brown Act and Benicia’s Open Government Ordinance. These chapters recognize those who made a difference in my 40-plus years of open government.
Chapter 1 — Ellen Stern Harris
Early in the ’70s I learned about the Brown Act from a colorful Angeleno, Ellen Stern Harris. She told her story as one of a series of 13 guest lecturers that included Paul Erlich, David Brower and Ian McHarg. It was the story of how one citizen opened the doors on meetings of the Los Angeles County Environmental Control Committee, an effort that eventually led to cleaning up the L.A. Harbor.
Ellen’s story captured my imagination about going forth and throwing open doors and windows to shed light and fresh air on air, water, light, noise and other pollution that was affecting public health and critters (birds, bees, animals, fish and flora).
Her story began with numerous complaints — you needed to know Ellen to appreciate “complaints” — to the folks responsible for trimming palm trees in Beverly Hills. An advocate for the California coast, she was appointed to the L.A. County Environmental Control Committee. She invoked the Brown Act, which then was an obscure, little-known and often-ignored law. “You are a model of civic involvement,” [LA County) Supervisor Zev Yaroslavsky said as the county board honored Harris in 2004.
“If we had 10 people like you in this county, or 10 more people like you in this county, it would be a different kind of place. You have really made a difference.”
Through knowing Ellen, I acquired one of the most important tools in my open government quiver — the Brown Act.
Chapter 2 — Professional experience
Chapter two of my Brown Act experience began with my first planning job, as planning director for a small town in Contra Costa County in 1987. Just believing in and advocating for open government does not mean I was letter perfect with the Brown Act. But since I used it as the second most powerful tool in planning — CEQA being the first — I followed the requirements in spirit and hopefully to the letter of the law.
But the Brown Act is about minimum requirements. One learned lesson is that thinking only about Brown can blunt the instrument of government and hinder “getting to yes,” suppressing freedom of speech and reducing civic discourse.
Chapter 3 — Benicia’s Sunshine Ordinance
As noted in my introduction, this column is dedicated to the citizens of Benicia who worked hard, diligently and effectively to develop the city’s Open Government Ordinance. In addition to City Attorney Heather McLaughlin and the indomitable John Moses, there was League of Women Voters’ Kitty Griffin, Bob Craft, an eloquent advocate for open government, Donnell Rubay, Will Gregory, Belinda Smith, Luana Luther, Ed Salzman and Jon Van Landschoot.
I volunteered to draft an ordinance and invited Councilmember Tom Campbell to my house so I could use my computer. After the city attorney reworked our draft to make it conform to Benicia Municipal Code, the committee reviewed it and it was submitted to the Council for consideration.
Well. We regrouped and had another series of more structured workshops.
The business community, led by the Chamber of Commerce, wrote a strong letter to the mayor and Council, dated April 4, 2005, thanking the subcommittee for its work and reminding the committee “as to the legitimate concerns of the community,” while applauding changes that “resulted in important improvements in the proposed ordinance.” The Chamber remained opposed but the final vote by the Council was 4-1 in favor.
John Moses wrote, “Benicia should lead the way: the new ordinance is necessary and its potential costs should be considered the price of doing business in a participatory democracy. . . . This is a chance to put a just law into place.”
Thank you John and Benicia. You did good.
Elizabeth Patterson is the mayor of Benicia.
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After reading the article I understand why she wrote the article. It is all about me. Notice the headline: ” my story”. I assume when the Herald ran a two part Open government article without mentioning the Mayor she may have thought her contributions were left out. So what better way to get attention. Write about yourself. Pure ego driven. The article made little sense other than a little history. No references to better understand both issues.
I did notice the title, “MY Story.” Since it doesn’t seem clear to some: this is an article about an important issue by a person with several years of professional experience in dealing with it. It is, in essence, a kind of autobiographical account of how someone in an official, duly elected position, has experienced a process that is important to all citizens. It is, of course, about HER experiences as mayor, not an objective and dry explanation of the Brown Act. That’s the point of the article. The Herald, did write a lengthy series which was objective and dry, so the points of the law could be presented. This is merely a follow-up to that article, from the point of view of someone who actually participated in the process. It is, therefore, a primary historical citation for future interest in the history of Benicia. The fact that a certain respondent has a deep, personal dislike of the mayor is totally irrelevant to this piece, but the instant and negative response to her story isn’t a surprise, I suppose.
J. I do not have a deep, personal dislike for the Mayor at all. I assume you are commenting that the certain respondent is me. I just do not AGREE with her political ideals. Have you followed the recent issues with the Brown Act with the Mayor and other members of the council? Under Chapter 2-Professional expierence she makes no mention of that. Yes I do believe it was ego driven.
Obsession is the word I would use. It must be very embarrassing for his family.
Nailed it.
the instant and negative response to her story isn’t a surprise, I suppose.
Nor are the ‘instant’ and very positive responses from the mayor’s toadies and lackey’s.
Correction: Lackey’s and toadies should be singular, not plural.
So if we don’t stalk and hound the mayor at every turn we are toadies and lackeys? Interesting.
Also your correction is still wrong. Hilarious.
DDL is a little exhausted from the puppet show.
Peterson you got hammered on the Pot issue and this issue will do you no good. Just sarcastic responces with no meaning.
Bob, I doubt you have the ability to figure out the process by which one can get a fishing license. Go finish your nap. “Just a little fun. Nothing personal meant.”
That’s about your speed right Bob?
Actually Peterson I would also say an expired Drivers Licence will also work. Just a little fun Peterson. Do not lose any sleep over it.
“Just sarcastic [sic] responces with no meaning.” What does your short term memory loss stem from?
Bob you are getting hammered for your psychopathic behavior toward the mayor. Stop being such a creep.
Dennis I do notice when I make a comment about an article I do get the Liberals all tied up in knot. I just love it. I have been right on the Mayors ideals. That is just a comment that the local Liberals must jump on.
The very powerful twosome are firing blanks again. Dennis I am proud to have these two fools comment about me. Just ups my very popular profile. I was going to invite them to my open house in SF put I feel it would be to much for them. So I will just stick to my very elite guest list.
Livesly, You’ve gone all goofy and delusional again.
“Just sarcastic responces [sic] with no meaning.” Bob Livesly January 28, 2014 at 11:34
I thought this was very interesting and illuminating, and I’m glad we have such an accomplished mayor with such a breadth of experience.
The issue is simple. It is about the Brown Act and Open Government. Recent occurances reminded the residence that some do not take either issue very seriously.
Residents.
My term was correct in the way I used it. It is a place where one lives. J do you not have a residence or are you a resident of someone elses residence.?
Well, to continue the nit-picking – your term was not correctly used, because a residence (or, more correctly residences in this sentence which used a plural verb) cannot take anything seriously because they are inanimate (no brain function) objects. The residents of those dwellings can or cannot take things seriously because most of them do have brain function. I live under the 5th Street freeway overpass, so neither applies to me, but I did teach grammar for 35 years.
Based on your definition, it is highly likely that he might actually be a residence.
Thanks for the nitpicking correction.
Very informative, and thank you Madam Mayor for sharing.
Without my comment there wiill be no comment run. I got it started with my comment which was the first. Then here comes the usual Bob Livesay haters with their attack suits on. There is also someone by the name of Livesly that is also attacked. Do not know that person or have I ever seen A comment by that person. My comment stands as written. Others have their own comments about the article and that is good. But no need to attack and ruin this run.
“Without my comment there wiill be no comment run.”
Next time let’s test that theory.
When I am the first comment believe me the Liberals jump. Just watch.
Yes you ruin many comment threads. I say we test your theory. Try not commenting and we’ll compare the results.
Hank get your act together.
Got you again Bob. Works every time. So easy to get a rise out of the local Conservative.