Spin vs. substance
Sunshine complaints and sparse official calendars belie Mayor Newsom's claims of transparency

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Hollywood paparazzi crews are beginning to follow high-profile politicians, such as Mayor Gavin Newsom, the same way they track the likes of Britney Spears, the San Francisco Chronicle reported recently. And when a celebrity gossip photographer surreptitiously aims the lens at a political leader, the picture that emerges isn't always flattering.

Likewise, the documents that can be extracted through public records laws — including the federal Freedom of Information Act, California Public Records Act, and San Francisco Sunshine Ordinance — don't always paint political figures in the most favorable light.

Both end products leave the same impression of a glimpse behind the curtain — consumers feel they're privy to the raw, unpackaged truth. But while photos may show politicians looking silly or meeting with controversial power brokers, documents show how the people's business is being conducted. So the willingness of officials to promptly comply with requests for documents and information says a great deal about whether their public statements match their private deeds.

A D V E R T I S E M E N T


Nathan Ballard, Newsom's press secretary, characterizes (through e-mail, the medium through which he insists on dealing with the Guardian) the mayor's commitment to open government as being "as strong or stronger than any public official in this country."

But to hear some proponents of open government tell it — and in our experience here at the Guardian — the Newsom administration keeps much of the mayor's business under wraps, leaving many info-seekers in the dark or reliant on Ballard's spin. Responses to requests for public records tend to be delayed and incomplete, and queries directed to the mayor's office of communications are often returned with terse, one-line e-mails that obscure more than illuminate.

Rick Knee, a longtime member of the city's Sunshine Ordinance Task Force — the city body charged with upholding the open-government rule — says Newsom has been in violation of the Sunshine Ordinance on several occasions. "Mayor Newsom's actual practices regarding Sunshine have been, shall we say, less than what one would desire of him," Knee says. Despite those violations, he adds, the mayor "continues to refuse to provide what remedies the task force calls for on his part."

Under Proposition 59, a state constitutional amendment that won overwhelming voter approval in 2004, the records kept by public officials are considered to be "the people's business." In practice, however, it doesn't always pan out that way.

For example, a group of citizens informally known as the Sunshine Posse who have made it a personal quest to improve government transparency by peppering city departments with Sunshine requests, have sounded alarm bells over the mayor's refusal to release a more detailed daily calendar. One Sunshine Posse member began seeking more fleshed-out mayoral itineraries back in 2006, according to group member Christian Holmer, to gain an understanding of whom the mayor had met with and what had been discussed.

But he quickly ran into a slew of difficulties. "The ...

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( 2 comments | Comment on this article )
stapler on Tuesday, March 10, 2009 at 11:15 PM
The enforcement issue mentioned at the end is the real problem. Does anyone really believe that ALL of the cases passed to Ethics by the SOTF were without merit? The truth is that city officials know that they can violate the Sunshine Law with impunity and that Ethics will cover for them (the State Attorney General doesn't review the cases anymore).

I filed one complaint after I had asked a Supervisor for some emails he had refered to in support of a new ordinance. The Supervisor ignored the SOTF for months. Finally he sent an assistant to suggest that the emails had been deleted. When told about the backup server the Supervisor went back into 'just ignore the law' mode and just waited for Ethics to put the fix in, which they did, perfectly.

We live in a country that has a Federal Freedom of Information Act and a State that has a Caliifornia Public Records Act but we live in a city where the local pols have figured out a way around the nusiance called open government.
jasongrant on Wednesday, March 11, 2009 at 10:40 AM
Jason Grant Garza here ... type my name into a google search engine and it will lead to an article here in the Bay Guardian regarding how the city broke the law. It will state how the city stated in federal court they had complied with the law and had my case thrown out. Now there is a signed settlement agreement in which there is an admission of guilt and liability; however, I have never been remedied, made whole, compensated, etc. If you follow the article it will state how I went to the sunshine commission ... where the city stated it had complied with the law ... when I went back to the sunshine commission with new evidence that the city had lied ... they CLOSED the case. This was after years and stating how useless their commission was and where the faults were ... type my name into a google search engine and read ... know that you are next and that all this is spin since there is NO ENFORCEMENT, NO PENALTY, and NO HUMANITY! Call Donald White at the Office of Inspector General in Washington DC (202-619-0088) and ask how many years ... how many different agencies ... and why I still have an arrest record ... never having been arrested before ... ask what happened to the officials that did not perform ... it would probably be the same as what happened to the Sunshine officials when I stated and proved to them that their game was just that since the other side didn't have to follow the law or be found guilty of "wilful misconduct" as was apparent in my case. Sunshine the commission regarding my records ... see the spin, the redefining of words. and the audicity of false and insincere hope. You could call Susan Mizner at the Mayors Office of Disability who told me I was wrong, you could call Chris Iglesias at the Human Rights Commission who closed my case, you could call the city attorneys office and ask about what was stated to drop my case, you could call the mayors office since they had me investigated by Special Invesigation Unit (Jeff Linberg) in order to get a meeting with the Mayor that was cancelled and never rescheduled, you could call the Public Health Department and ask who my doctor at the time (could it have been the Director?)... so as you can tell ... I left NO STONE unturned ... where are my rights? Sunshine commission ... my case should have been open and shut years ago (2001) when I went to them ... told them the truth, requested the correct paperwork, show them the lies ... and now the game. illusion, and disservice continue. WHAT A FARCE !!!

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