Thursday, September 2, 2010

Of Calendars and Controversy
by Keith Higginbotham | City Beat | 12.30.09 |
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Long Beach City Hall | Google ImagesTick-tock, tick-tock... 2009 is slowly coming to an end.

And with New Year's approaching, so too come the requisite New Year's resolutions.

Here are a few I suggest for City Hall:
  • I will seek help after my budget runs the first million dollars into the red.
  • I will not allow wetlands to be destroyed.
  • I will not trade public land to developers.
  • I will not appoint any friends to city jobs.
  • I will not punish people with a slap on the wrist and a $140,000 a year 'demotion.'
  • I will not take any gifts from lobbyists.
  • I will be more transparent in everything I do.
Oh, if only we could have a charter vote on these items. Especially the last one.

You see, your City Hall doesn't really want you to know what goes on the floors above the lobby of 333 Ocean Blvd.

In fact, your elected officials do the bare minimum to inform the public. In many cases they even stretch this.

Here is an example. There is a technique used by your city government that I call "The Shuffle." I don't know if it has other names, but this is what I call it. It has been part of the City Hall political playbook for years and I have seen it being used first hand in various departments.

It usually starts with some kind of report, study, or analysis that one of your city officials deigns should not be released when it is completed by staff. It could be embarrassing, or threaten an upcoming vote, or simply doesn't match the official City Hall message on the topic.

Now for a report or study or analysis to become a public document, it has to be 'completed' according to state law. Unfortunately, this definition is vague. "The Shuffle" takes advantage of this loophole.

Once completed by staff, the "Shuffled" document is given a cover sheet with the names of, oh, say a dozen officials that must read it and sign off before passing it along. During this 'approval' process, the city maintains that it is not a completed document, and thus, not available to anyone even under a public records request. So the document lingers in various inboxes because no one is calling around saying, "hurry up and get this approved."

Slowly it makes its way to the final desk, where it sits awaiting that final sign-off until, at some point, it is decided that the time is right to release the document -- typically very late on a Friday evening (sometimes before a three-day weekend) to minimize press reaction.

The danger here is that in almost all cases, documents that receive "The Shuffle" treatment are those that run counter to the propaganda that is coming out of City Hall. These documents typically point out flaws in the thinking of your local officials. These documents are exactly the kind of information that the citizenry needs to ascertain if they are being fairly and properly represented.

And this is just one small technique that is used to keep information from the public, or at least to discourage the public from having access to it.

The irony here is that by being less transparent, City Hall has actually become more invisible.

Invisible to the public, invisible to accountability, and invisible to the watchful eyes of those, like your intrepid writer, that report on such things.

And, in case you didn't know, invisible is not a good thing.

It's like what the mysterious title character played by Claude Rains in the 1933 classic 'The Invisible Man' said about invisibility: "Don't you see what it means? Power. Power to rule... to make the world grovel at my feet. Power, I said."

Such is also the case with an invisible City Hall.

And even when confronted with an opportunity to be less invisible, to be more open, City Hall does nothing.

Take for example the recent situation with now-demoted and slapped-on-the-wrist Craig Beck.

Mr. Beck's "vacation-with-a-lobbyist," where he accepted a free hotel room from a lobbyist friend who does business with the city, provided several great opportunities for City Hall officials to finally break the invisibility shield that has surrounded their activities for so long.

City Hall officials, including Mayor Bob Foster, City Manager Pat West and the entire City Council could have taken the opportunity to increase City Hall transparency -- but in typical City Hall fashion, they did not.

Mr. West could have published the client list of Mr. Beck's lobbyist friend Mike Murchison.

Mr. West could have cross-checked and published a list of RDA contracts that involved Mr. Beck and clients of Mr. Murchison.

Mayor Foster could have demanded that all City managers and council members publish their daily calendars, to let the public know when they meet with people like Mr. Murchison.

However, none of these things have resulted from the Mr. Beck affair.

Last week, this column detailed a few of the contractual items that Mr. Beck had brought before the RDA board during his tenure that involved clients of his lobbyist friend Mr. Murchison. Since then, Mr. Murchison has essentially blanked out his website where his client list was printed. The site now says simply "Our website is currently being updated. Please check back later. Thank you."

So, if Mr. West is not going to do it and in the sake of the public interest, you can click here to see the list as it appeared on Mr. Murchison's public site last week.

In addition, why should any citizen of Long Beach have to file a public records request to get the daily calendar of a public official? City Hall has no problem publishing a calendar of community events and public meetings (as required by law), but it can not publish a set of calendars letting the public know what its officials are doing on a daily basis? I could understand if the majority of these officials were Luddites, but they know enough about the internet to be surfing it while the public is talking during City Council meetings, as the Press-Telegram discovered through public records requests earlier this year. Besides, city officials have a whole department of tech staff to solve such problems.

The funny thing is, you have a legal right to view these daily calendars. Show up at City Hall and ask for the documents and they must either be produced or give you a date when they will be produced within a certain time frame. The same can be done through a written public records request.

As far as I have been able to determine, only the freshman council member from the First District, Robert Garcia, currently publishes his current daily calendars online. Also, Fifth District Council member Gerrie Schipske posts her daily schedule online, however it is created after the fact and usually lags behind nearly a month. Eighth District Council member Rae Gabelich also publishes a calendar, but it lacks any specific dates other than the month and contains little more than regularly scheduled hearings and meetings with staff.

Look at it this way: let's say you were the head of a company that had 20 or so employees. What would you do if the vast majority of these employees did not let you know what they were doing on a daily basis? I'm thinking that some new policies about reporting time or mass layoffs would be in order.

And in essence, as a citizen of Long Beach, you are the CEO. City Hall officials serve at your behest.

Here is another irony of transparent government... it saves money. You see, every time someone files a public records request to obtain documents that could easily be published, an attorney in the City Attorney's office has to take the time to read the request and determine whether it will be honored or not. If they do decide to honor it, the City Attorney's office then has to go and gather the requested material. Usually this is accomplished by contacting the involved city official or staffer and having them search for the material, make copies, and forward it back to the City Attorney's office for transmittal to the records requester. This all takes staff time and costs general fund dollars. Reduce the need for such requests, say by publishing calenders, and you cut down on the number of records request and in turn save taxpayer dollars without reducing the public's access to public documents.

Serving as a public official carries some heavy responsibility. One of the most serious is making sure that all city business is done in the scorching light of the public eye. For better or worse. After all, you only need fear the public spotlight if you have done something wrong.

And with that, I think we are done with the soapbox for this year.


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Comments
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10 Comments so far.
PotATO
Keith, GREAT ARTICLE. I found it informative, critical, but not hypercritical, and thought provoking, good journalism indeed! I think you're right on the dot with the CEO analogy. The only thing is, as a concerned citizen who attends meetings and trys to stay on top of things I notice that many citizens do not. They don't have the time or the will or the feeling of ownership that citizens in the democracy should have. City Hall is instead the CEO and we are its worker bees, paying tickets,fees and taxes for them to decide where it will go, who has pleased Master best.

ohgodhelpus
>>Mr. West could have published the client list of Mr. Beck's lobbyist friend Mike Murchison. Really? Does Pat West have any special access to such a list? No. But it was available on Mike's site. So this suggestion makes no sense. >>Mr. West could have cross-checked and published a list of RDA contracts that involved Mr. Beck and clients of Mr. Murchison. Well, I guess he could. But isn't that your job? Isn't his job to run the city? >>Mayor Foster could have demanded that all City managers and council members publish their daily calendars, to let the public know when they meet with people like Mr. Murchison. Well, he could, but he would look pretty silly, since the Council doesn't answer to him, and neither do city employees, so it isnt really his place to make "demands" Meanwhile, there is already a motion before Council to make all officials' calendars public. Repeat: Already is. But, you knew that, right, since you're the City Hall reporter?

John Greet
You're speaking my language and making my case Mr H, only, as usual, doing so far better than I myself can! Thanks for this very fine synopsis, and for capturing the information on Murchison's site before it could be irretreivably amended or deleted altogether.

go to city hall
everyone who reads this should go to city hall and see suja play with her phone, see the council talk andwalk away as people are speaking to them. They are not only ineffective, they have no manners!

KeithH
Thanks for all the comments. Mr. West needed no 'special access' to Mr. Murchison's client list. It was publicly available, but only on Mr. Murchison's website--a site that many in City Hall are no doubt familiar with, but that the general public may not even knows exists. Mr. West had the opportunity to be proactive, a term that describes very little coming from City Hall, and present this list to the public at City Council. Why? Because as pointed out in previous columns, Mr. Beck's actions have raised a cloud over each dealing RDA has had with one of these clients during Mr. Beck's tenure. And as for it being my job to report on the RDA contracts, well you're right. And I did. Last week. However, I write a column on LBPost, I am not the City Manager. If Mr. West had ordered this information to be gathered and then released to the public, it would reach a much larger segment of the citizenry. As for who is in charge of City Hall, you should read about something called the 'bully pulpit.' Mayor Foster has the ability to get up in public and demand anything he wants of the city council. Do they have to listen? Of course not. But what argument would they have for not doing it, once the Mayor put it forth publicly? And the proposed lobbying ordinance moving through the Council--it is just that--proposed. It has not been passed, and may well never be passed. After all, only one council member puts up his full calendar and only two others put up any kind of calendar. That is not overwhelming support of the idea. But, that is not the point. The point is that City Hall had an opportunity to do these things, not because they are regulated, but because they know them to be the right things to do. But they didn't. The mindset of City Hall officials is to obfuscate and limit information to citizens like you and me. It is their arrogance that they know better what the citizens should know or have access to that severely weakens public confidence in City Hall.

CHARLIE
Mr. Higginbotham, I expect to hear any day now, you will be running for Mayor or City Council, but win or lose, always remember what Abraham Lincoln said about satisfying the people!

Gerrie Schipske
Give me a break. I was the first and only councilperson to post their schedule. I continue to post every meeting I have with anyone. The reason my schedule is posted after the fact is because I often tentatively schedule many events but I only post those meetings I actually complete.

KeithH
Council member Schipske, I think you should be applauded for your efforts to put up your calendar, which as I mentioned in my column, you do, albeit with lag time. In addition, I congratulate you on being the first to do so, despite the lag. Hopefully in the future I can congratulate you on being the second council member to post them in real time. The reason that I see this as important is fairly simple: If you had a hypothetical meeting on your calendar with a lobbyist on Dec. 1st and you do not publish this meeting until 30 days later in January, the item this lobbyist wanted to meet with you about may well have already been voted on by the council. How is that helping your constituents, like myself, understand the outside forces that are attempting to put pressure on our elected officials?

Julie X
Simple suggestion for Ms. Schipske (should you really be interested in transparency): post all your scheduled meetings - even those scheduled only tentatively - then mark those that did not take place with "DID NOT TAKE PLACE." Then not only will we have your meetings in real-time (and of course Mr. Higginbotham's comment to you about the problem of posting (some) only after the fact is dead on), but we'll get a gander at what you plan. THAT'S transparency. Continuing to do it the way you do it is certainly something, but it's just as certainly a lot less than you very easily could be doing.

LBCityGirl
Google calendar is a free service.

City Beat
Keith Higginbotham takes you inside City Hall and reports weekly on the decisions being made.

Keith Higginbotham is a freelance journalist and writer who most recently served as the West Coast editor for the trade magazine American Shipper, covering the shipping and logistics industries. Prior to this, he served as the Advertising and Multimedia Manager for the Port of Long Beach. He began his journalism career more than a decade ago as the Trade and Transportation beat reporter at the Long Beach Press-Telegram.

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