Gov. Gavin Newsom must uphold California’s transparency laws during coronavirus pandemic

The coronavirus emergency has provided a great boost to the enemies of democracy. Leaders in some of the world’s weaker democracies are using the crisis as an opportunity to roll back civil rights, halt elections and expand surveillance, according to news reports.

Unfortunately, this troubling trend has now arrived in California. The League of California Cities, which represents nearly 500 cities, has asked the governor to suspend certain state rules and laws, citing the coronavirus.

“City officials across California are asking Gov. Gavin Newsom to suspend or delay numerous state laws, saying they can’t comply with everything from environmental regulations to public records laws that give people a window into how the government is spending public money,” reports Juliet Williams of the Associated Press.

Among the rules targeted by the group’s request: the state’s public records and transparency laws.

“The league’s request comes as governments worldwide are spending billions of dollars, often through contracts with private companies, to build emergency hospitals, acquire hotel rooms and buy much-needed personal protective equipment,” wrote Williams. “In California alone, the state Legislature approved $1 billion in emergency spending that will filter out to local governments.”

By seeking blanket exemptions from the state’s good government and transparency laws, California’s municipal leaders, through the League of California Cities, are mimicking their counterparts in authoritarian-leaning countries. They are trying to use COVID-19 as an excuse to evade democracy’s rules.

Many government officials have long chafed at transparency laws, which allow reporters and citizens to find out what their leaders are doing and how taxpayer money is being spent. Even in the best of times, local and state government officials often delay turning over public documents for weeks or months.

“It is no secret that most cities dislike having to comply with the public records act,” wrote The Fresno Bee Editorial Board last week. “For one thing, it chews up a lot of staff time. Some requests involve workers having to retrieve voluminous amounts of emails or paper records.”

In Fresno, the City Council voted to suspend the California Public Records Act, deeming it “non-essential.” That set a dangerous precedent. What could be more essential than the right of citizens to know what their government is doing, especially during a crisis of this magnitude?

Fortunately, the Fresno City Council later rescinded the ill-conceived vote.

While most of California’s city and state leaders undoubtedly want to do the right thing during this pandemic, others might exploit the emergency in order to break laws, abuse power or embezzle money. California’s public records laws exist to protect the public from such malfeasance. That’s why they’re enshrined in the state constitution.

President Donald Trump has drawn criticism for using the COVID-19 crisis as an excuse to roll back environmental laws he never supported in the first place. Now, the leaders of California’s cities are asking Gov. Newsom to do the exact same thing.

Transparency, accountability and environmental protection are essential government functions, especially during times of crisis. This is the United States of America, not China or Russia. If local officials can’t uphold their sacred duty to the public during a crisis, they should step down. Besides, they are already quite adept at delaying compliance with the state’s transparency laws, and now they have an even better excuse to drag out the process.

It would be a grave mistake for Gov. Newsom to grant the League of California Cities’ request. Instead, Gov. Newsom should set a good example for the state, the nation and the world by rejecting this cynical power grab as forcefully and publicly as possible.

This story was originally published April 1, 2020 at 12:54 PM.