From constitution to statute: the laws that carry your rights into City Hall

A constitution states a right in a sentence. Statutes supply the deadlines, forms and remedies that make it usable. This lesson walks through the statutes residents use most with the city.

Why statutes matter

Our reading: constitutional text is short. "The people have the right of access to information concerning the conduct of the people's business" (Art. I, §3(b)(1)) Verified1 doesn't say how fast or at what cost. Statutes do. When you use a right at City Hall, you're almost always invoking a statute that carries out a constitutional clause.

Table source: Verified1

The Brown Act

• Purpose. "The people of this State do not yield their sovereignty to the agencies which serve them" (Gov. Code §54950) Verified2.
• Who it covers. The "legislative body" includes "The governing body of a local agency" and commissions, committees and boards it creates (§54952) Verified3.
• Open meetings. "All meetings of the legislative body of a local agency shall be open and public" (§54953(a)) Verified4.
• Agenda. "At least 72 hours before a regular meeting," with "a brief general description of each item of business" (§54954.2(a)) Verified5.
• Public comment. Every regular agenda must let the public "directly address the legislative body on any item of interest to the public" within its jurisdiction (§54954.3(a)) Verified6.
• Packets are public. "Agendas of public meetings are disclosable public records" (§54957.5(a)) Verified7.
• Remedies. "The district attorney or any interested person may commence an action" to stop violations (§54960) Verified8; to void an action, first "make a demand of the legislative body to cure or correct," in writing (§54960.1(b)) Verified9.

The California Public Records Act

• Finding. "Access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state" (Gov. Code §7921.000) Verified10.
• Inspection. "Every person has a right to inspect any public record, except as otherwise provided" (§7922.525(a)) Verified11.
• Copies. Records must be made "promptly available to any person upon payment of fees covering direct costs of duplication" (§7922.530(a)) Verified12.
• Deadline. The agency "shall, within 10 days from receipt of the request, determine whether the request ... seeks copies of disclosable public records" (§7922.535(a)), extendable "in unusual circumstances" by written notice (§7922.535(b)) Verified13.
• No questions why. There are no "limitations on access to a public record based upon the purpose for which the record is being requested" (§7921.300) Verified14.

Prop 218's statutes

Article XIII D, §6 requires notice to owners before a new or higher property-related fee Verified1. Gov. Code §53755 says the notice for an increase "may be given by including it in the agency's regular billing statement" Verified15. Our reading: check your water and sewer bills for that notice before a rate hearing. Full rules: Article XIII D.

In Williams

1. Before a meeting: look for the agenda 72 hours ahead and the packet.
2. At a meeting: speak during public comment on any item within the council's jurisdiction.
3. After a meeting: request records; expect a determination within 10 days.
4. If something went wrong: send a written cure-and-correct demand before going to court.

Check yourself

Pick an answer for each question. You will see right away if it is right, and why.