CFAC

This case requires us to examine the delicate balance in a democracy between knowledge and power, accountability and quality decisionmaking. The issue arises in the midst of conflict that frequently results when a government agency denies access to documents desired by the press.

The California First Amendment Coalition (CFAC) seeks access to the documents, invoking the statutory imperative that “access to information concerning the conduct of the people’s business is a fundamental and necessary right” (Gov. Code, § 6250) and stressing the abhorrence of “government by secrecy” reflected in numerous cases. The Attorney General, as counsel for the Governor, reminds us that while open government should be the norm, it is not an absolute; government must maintain some measure of secrecy to be effective.

The narrow issue before us is whether the California Public Records Act (§ 6250 et seq.) compels the Governor to disclose the names and qualifications of applicants for a temporary appointment to a local board of supervisors, an appointment necessitated by the death of an elected supervisor. Governor Pete Wilson denied CFAC’s request for disclosure of the applicants’ names,…