San Jose appears to be gravitating away from its commitment to transparency, with moves to adopt controversial protocols that limit public access to city records and remove the only independent party that reviewed appeals to denied requests, according to a the San Jose Spotlight.
This development comes only a month after The Mercury News sued the City of San Jose over its handling of a high-profile incident involving firefighters and a scantily-clad woman at the Pink Poodle strip club, which had many San Jose citizens questioning the government's commitment to transparency, as we reported here on Hoodline.
The plan to limit public access to city records is part of San Jose's biennial review of its ethics policies and moves forward with former Mayor Sam Liccardo’s proposal to “reduce the fiscal burden” of providing public records. Liccardo claimed the city spends $2 million a year fulfilling such requests and wants to avoid “fishing expeditions”. The proposal, released weeks before he left office, was met with alarm and criticism from journalism and open government groups.
An element of these changes includes the removal of the independent Board of Fair Campaign and Political Practices (BFCPP) from public records appeal processes, a move that has been noted as deeply troubling by journalism leaders, as it implies a future of reduced transparency.
The lack of transparency in the Pink Poodle scandal has been a contentious topic among San Jose residents and officials alike. Despite Fire Chief Robert Sapien offering an apology for the incident, little information has been provided on the disciplinary actions faced by the involved firefighters, prompting frustration and disappointment for many, according to the Los Angeles Times.
Current Mayor Matt Mahan has expressed disagreement with the city's policy to withhold further disclosure of the incident, leaving a vacuum that compelled The Mercury News to file a lawsuit against San Jose over this lack of transparency, as stated in a story published by The Mercury News itself.
As community concerns for transparency mount, the impending future for San Jose’s public records access provisions is met with greater scrutiny. With transparency being an essential component of good governance and public trust, limitations that restrict public access to city records or remove independent oversight like the BFCPP intervention have the potential to undermine citizens’ belief in the integrity of the government.
Although - as the Spotlight points out - San Jose launched a new online portal in August 2022 to file and view public records requests, it remains unclear whether these efforts are enough to assuage community concerns regarding transparency and access to information.
As the lawsuit filed by The Mercury News unfolds, many San Jose residents are hoping for answers to their lingering questions and a clearer environment of transparency regarding public employee misconduct, among other purposes for government oversight. As of now, it is unclear if there is a connection between the pending lawsuit and the move to further reduce transparency for the public and local news entities.
