BY JOE PATTERSON SPECIAL TO THE SACRAMENTO BEE
After hearing reports that legislators were signing non-disclosure agreements (NDAs) while crafting laws and spending taxpayer dollars, I was stunned. NDAs, a tool intended for private parties, have been used by legislators to shield critical decisions from the public. This is wrong. In response, I have introduced Assembly Bill 1370 to ban your state elected representatives from signing NDAs. Over 2,000 individuals, including legislators, signed NDAs related to constructing the Capitol Annex project. Considering the price tag of this project is $1.1 billion and counting, the legislature has no business shielding the public from its finances.
Just last session, NDAs surfaced again during the crafting of California’s landmark — and expensive — fast-food minimum wage legislation when the Service Employees International Union required parties at the negotiating table to sign one.
The California Public Records Act, enacted almost 60 years ago, was a landmark public access law that remains the cornerstone of government transparency. It is intended to guarantee the public’s right to access records and understand how elected officials make decisions.
The act explicitly states that “access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state.” When elected officials sign NDAs and effectively shield the public from public records, they create a barrier to this right, hiding deliberations and agreements that belong in the public domain. Courts have consistently upheld the California Public Records Act’s broad mandate, ruling that exemptions must be narrowly construed.
Perhaps not-so-ironically, the state legislature exempted itself from the act in 1975. While the California Public Records Act still applies to local governments and state agencies, a special law was created for legislators, deceptively named the Legislative Open Records Act. Despite its name, this act is a massive loophole big enough for Arnold Schwarzenegger’s Hummer to drive through. While intended to protect the deliberative process of a separate but equal branch of government, the result has been to hide discussions on critical legislation and how billions of taxpayer dollars are spent.
My bill to ban legislators from signing NDAs is a response to recent news reports about the government’s lack of transparency. It’s my third attempt to pass this reform, after the first two were not given hearings due to opposition from business groups wary of the legislature getting involved in private contracts. This time, with AB 1370, I have solely focused the legislation on legislators — a critical first step to restoring transparency to the true spirit of the law.
But let’s be clear about the shortcomings of my legislation: It doesn’t stop the Newsom administration, lobbyists or local governments from signing NDAs. It is, however, a good first step to maintain accountability and ensure state leaders are directly responsible to voters.
NDAs in government don’t just hide decisions; they erode trust. When taxpayer dollars fund projects like the Capitol Annex or policies affecting workers’ livelihoods, the public deserves clarity, not concealment.
The California Public Records Act exists to prevent this kind of secrecy, and my bill reinforces its mandate. In the future, we should consider broader reforms to clarify that no public official, at the state or local level, can sign NDAs when handling taxpayer funds or crafting policy. If NDAs shield decisions that impact the lives of millions of Californians, it violates the spirit of the law.
I urge my colleagues in the Legislature to pass this bill and present it to Gov. Newsom for signing. The CPRA demands transparency, and the people of California deserve a government that honors it. Let’s tear down the veil of secrecy, uphold the public’s right to know and rebuild trust in our democracy.