Sunshine Initiative
SUNSHINE INITIATIVE
EXCERPT OF NOTICE OF INTENT TO CIRCULATE
The City of Newport Beach has failed to keep the public adequately informed on a wide range of topics, including consequential decisions that may shape the character of Newport Beach.
Under California law and the California Constitution, the People are generally entitled to access government records and attend government meetings. The City of Newport Beach is failing to conduct its activities and manage its operations in ways that promote sufficient public access to matters of public concern. The City and its various departments, committees and other bodies also lack standardized procedures for meetings and public access to information. The Sunshine Initiative addresses many of these deficiencies, promotes greater access to public records consistent with the California Constitution and California law, and brings sunshine to the City. Increasing transparency will increase accountability and trust.
Expand Access to Public Meetings:
The Sunshine Initiative requires meetings of various City policy bodies to be open and accessible to the public. To keep the public informed, the Sunshine Initiative requires that a wide range of City bodies publish agendas before meetings and minutes after meetings. The Sunshine Initiative also requires more detail in these postings.
For “Closed Sessions” (City meetings regarding sensitive or confidential topics that are closed to the public), this Sunshine Initiative requires the City to provide more general information to the public regarding the reason for the Closed Session. The Sunshine Initiative also limits the City’s ability to hold closed (private) sessions for some topics.
The Sunshine Initiative includes other provisions to increase the public’s ability to attend and access City meetings, including video and audio recording requirements and expanded rights for the public to speak at these meetings.
Expand Access to Public Records:
Under the California Constitution and the California Public Records Act, the public has a right to government records. The Sunshine Initiative ensures these rights to public records are respected in the City of Newport Beach.
This Sunshine Initiative broadens and clarifies the range of files that the City must treat as public records accessible to the public, and requires the City to minimize the withholding of public records consistent with State and local law. The Sunshine Initiative also requires the City to provide to an individual that has requested records written justification for any withholding of records by the City.
The Sunshine Initiative carefully balances privacy rights and the rights of the public to access governmental information. It also preserves the right of law enforcement to withhold sensitive information from public disclosure.
Establish a Sunshine Task Force. This Sunshine Initiative creates a Sunshine Task Force to ensure that the City complies with meetings and records requirements, and other requirements related to transparency and accountability. The Sunshine Task Force will be empowered to investigate and report potential misconduct. The Sunshine Task Force, along with other provisions of the Sunshine Initiative, will hold the government accountable when it tries to keep the public’s business a secret.
The Sunshine Initiative adapts best practices and longstanding laws from many other cities in California. While California law provides a baseline right to public records and access to public meetings, the Sunshine Initiative provides necessary procedures and requirements tailored for the City of Newport Beach so the People can access the information that it is entitled to.