For Immediate Release:

October 12, 2010

Governor Slams Door on Open Government, Vetoes

Transparency and Accountability Bills
Governor breaks promise to shed light on state government actions

SACRAMENTO – Governor Arnold Schwarzenegger (R-Los Angeles) vetoed critical legislation

needed to make the University of California accountable to taxpayers. The reform bills,
authored by Senator Leland Yee (D-San Francisco) would have brought greater transparency
and accountability to the State’s public higher education institutions.

SB 218, which overwhelmingly passed the Legislature, would have updated the California
Public Records Act (CPRA) to include auxiliary organizations that perform government
functions at the University of California (UC), the California State University (CSU), and the
California Community Colleges. SB 219 would have provided UC employees who report
waste, fraud and abuse, with the same legal protections as other state employees.

“Governor Schwarzenegger’s veto is a win for waste, fraud and abuse at our public
universities and an open invitation for all sorts of mischief throughout state government,”
said Lakehsa Harrison, President of AFSCME Local 3299. “At a time when California public
universities are subject to scandal, his actions won’t boost the confidence of University
donors.” The veto is evidence he has no credibility on the issue of government
accountability. Sinking the only bills that would actually provide public oversight and
accountability is irresponsible at best.”

“We are outraged that the Governor vetoed SB 218,” said Lillian Taiz, President of the
California Faculty Association. “It would appear that his public commitment to transparency
and accountability is only lip-service.”

The UC and CSU have in the past evaded the public records act by shifting some
responsibilities to foundations and other auxiliary organizations operating on campuses.

In 2001, the Fresno Bee newspaper was denied information, specifically concerning the
identity of individuals and companies that purchased luxury suites at the Save Mart Center
arena at Fresno State. The denial resulted in CSU v. Superior Court (McClatchy Company), in
which the Court opined that although it recognized university auxiliaries ought to be
covered by the CPRA and that its ruling was counter to the obvious legislative intent of the
CPRA, the rewriting of the statute was a legislative responsibility.

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