Saturday, May 28, 2011

Judge Says Public has a Right to Know

The city is not a privately owned for-profit business that the council can manage in secret fashion. The public desires and has a California Constitutional right to know HOW, and thus, why decisions were made. The city belongs to the public and the city council must be accountable and open to informed scrutiny AND informed suggestions for improvement.

The Encinitas City Council has been covering up problems and in doing so have successfully manipulated the public's perception of the city's administration and financial status. One way they have been doing this is by constantly limiting the public's access to information. 

This week, a superior court judge told the City of Encinitas that it was not in compliance with the law and required the city to fork over the rest of the documents.

A year before this all started, Kevin C posted to the ETA blog:

No one brought up that there is no satisfactory means for the public to have their concerns regarding violations of open government laws resolved, short of suing the city. This is the first thing I would ask to have included in a sunshine ordinance.

This was in conjunction with Kevin C's effort to get the city to adopt a city sunshine ordinance (supported only by Barth). Such an ordinance  would have ended the city's closed government abuses and created a way to resolve problems without having to have a judge intervene. Maybe it is time to reconsider a REAL set of open government policies and practices in the City of Encinitas.


  1. Great job Kevin!!!

    Dose this ruling impose a fundamental policy change with our city?


    Can the city go on with their normal practice and if the public wants to call them out we have to bring them to court?

    Either way, thanks for your efforts.

  2. Congratulations to Kevin C., who stuck his neck out and managed to keep his head on his shoulders.

    What this means is still not settled. I'm sure there are at least a couple Councilmembers that will be inclined to appeal the decision of the judge.

    But I hope that the majority on the council will realize that continuing this fight in court is not in the interest of the citizens of Encinitas--from both a policy and fiscal perspective. They should pass a robust Sunshine Ordinance, pay the Calaware attorney now and start doing the city's business more in the open.

  3. Kevin is good for Encinitas. Jerome Stocks is bad for Encinitas. Its that simple.

  4. Nice job Kevin! Thanks for taking this on. Kills me how Sabine can advise on whether to litigate, and then gives himself the job. Talk about job security.

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  7. It's nice a judge feels that way. I agree. And it shows a little equity in a world where there's nothing private about the private sector, nor personal about a personal computer, etc.

  8. Great job, Kevin. Thank you for your persistence.


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