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Home My WebLink AboutMINUTES - 03221994 - 1.92 ri •_ 1.92 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 22, 1994 by the following vote: AYES: Supervisors Smith, Bishop, McPeak, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None ----------------------------------------------------------------- ----------------------------------------------------------------- SUBJECT: Grand Jury Report "The Public Right to Know" IT IS BY THE BOARD ORDERED that the Grand Jury report entitled "The Public Right to Know" is REFERRED to the County Administrator and the Internal Operations Committee. 4,ereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Su e i ore on the date shown. ATTESTED: �-� t,. .0a-1 !q PHIL BAT HELOR,Clerk Boara o upervisore County AF�trator BY - .Deputy cc : County Administrator Internal Operations Committee Grand Jury } A REPORT BY THE 1993-94 CONTRA COSTA COUNTY GRAND JURY 1020 Ward Street Martinez, CA 94553 (510) 646-2345 Report No. 9403 THE PUBLIC'S RIGHT TO KNOW (Non--Compliance with the California Public Records Act) Approved by the Grand Jury: G Date: Zuidlth M. Mullin Grand Jury Foreman A ep ed or., " ing: " i Richard E. Ar son Judge of the Superior Court �r ,, M »': € i!y fa;W,f. *'. , e::. �� Mfitt" 'i3 Sp '^ , ya;rH.sa,K,,a""r".v'.sr 'gi'...:a'u':r.,,?'[.,.°" ', i'xt'", 3a-G; :,-.;, is .f,r^n L":.:.'s'"' 'lxi 'Y5 z1: ti'-, t.::-;:.4 . '-€r':.. • «'' ,'.�Y��✓.s?S�r �^ ,, ��' ,'% �, r�.� �k.�. N. ....�� N,.Y uvvj$r .-...c SECTION 933 (C) OF THE CALIFORNIA PENAL CODE §933. Comments and Reports on Grand Jury Recommendations. (c) No later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body, and every elective county officer or agency head for which the grand jury has responsibility pursuant to Section 914.1 shall comment within 60 days to the presiding judge of the superior court, with an information copy sent to the board of supervisors, on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervises or controls. In any city and county, the mayor shall also comment on the findings and recommendations. All such comments and reports shall forthwith be submitted to the presiding judge of the superior court who impaneled -the_ grand jury. A copy of all responses to grand jury reports shall be placed on file with the clerk.of the public agency and the office of the county clerk,'or the mayor when applicable, and shall remain on file in those offices. One copy shall be placed on file with the applicable grand jury final report by, and in the control of the currently impan- eled grand jury, where it shall be maintained for a minimum of five.years. Leg.H. 1961 ch. 1284, 1963 ch. 674, 1974 chs. 393, 1396, 1977 chs. 107, 187, 1980 ch. 543, 1981 ch. 203, 1982 ch. 1408 §5, 1985 ch. 221 §1, - effective July 12, 1985, 1987 ch. 690 §1, 1988 ch. 1297. Cross-References Admissible evidence. Penal Code §939.6. "Grand jury" defined. Penal Code §888. Grand jury report to be based only on own investigation. Penal Code §939.9- w INTRODUCTION: it is well established that the public has a right of access to governmental information generated with taxpayer money-- whether that information is actually produced by the governmental entity or by its contractor(s) . This public right of access is applicable to Contra Costa County and its consultants, and is mandated by the provisions of the California Public Records Act of 1968. Section 6250 of that Act states, ". . . the Legislature, mindful of the right of individuals to privacy, finds and declares that access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state. " FACTS: 1. Contra Costa County has the responsibility for establishing tipping fees for Keller Canyon Landfill. 2 . A rate of $49.08 per ton was established and approved by the Board of Supervisors on August 11, 1992 . 3 . Since its approval, several governmental entities have questioned the rate as being excessive and its rationale faulty. 4. The questioned amounts, if found to be improperly charged, could result in a substantial reduction to the tipping fee. 5. A number of interested individuals and agencies have repeatedly asked the County to provide them with the background documentation and working papers used to support the current tipping: rate. 6. The Public Records Act requires, upon request from the public, disclosure of all such information. 7 . Included as part of this background documentation and working papers is one document identified as "proprietary" , which identifies royalty rates received by Keller Canyon Landfill 's operator for its various (other) landfills. Disclosure of proprietary information is not required by the Public Records Act. 8. In spite of the Public Records Act disclosure requirements, the County, even after repeated requests, has not made t .e non-proprietary information available to all parties requesting it. 1 FINDINGS AND CONCLUSIONS: I 1. The County is deliberately ignoring, thereby stone- walling, the public's requests for information pertaining to the establishment of tipping fees for the Keller Canyon Landfill. 2 . Making the requested information available to the public will allow interested parties to analyze, evaluate, and contest or confirm the methodology and pricing procedures used by the County (and its consultant) - in setting the tipping rate. 3 . Such evaluations have the potential for either: a. saving the ratepayers of Contra Costa County millions of dollars, or b. building trust in their County Government because the rate is shown to be fairly and accurately based. RECOMMENDATIONS: The Contra Costa County Grand Jury recommends that the Board of Supervisors direct the County Administrator to: 1. Immediately comply with the Public Records Act by fully disclosing to all parties who have requested it, the rationale and non-proprietary supporting documentation for the County-approved Keller Canyon Landfill tipping fees. 2 . Immediately issue clear direction and guidance to all County Departments about the need to adhere to the requirements of the Public Records Act. �I i i I iI i 2 i DATE: REQUEST To SPEAK FORM THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. NAME: de: PHONE: ADDRESS: -P-ZX 3D- CONCO20 92, , CITY: T/ 26 I am speaking formyself OR organization: CIT i ZOv5 liN� Check one: NAME OF ORGANIZATION) ( I wish to speak on Agenda Item # My comments will be: general c for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider.