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CD-ROM Aktief 1995 #3
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1994-02-22
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SAN JOSE MERCURY NEWS
Copyright 1987, San Jose Mercury News
DATE: Wednesday, July 1, 1987
PAGE: 1A EDITION: Stock Final
SECTION: Front LENGTH: 26 in. Long
SOURCE: By ARNOLD HAMILTON, Mercury News Sacramento Bureau
DATELINE: Sacramento
PANEL PROTECTS RIGHT TO KNOW
KILLS ATTEMPT TO KEEP POLITICAL INVESTIGATIVE
RECORDS SECRET
Faced with mounting media opposition, a key Senate committee Tuesday
defeated an attempt by legislative leaders to clamp a lid of secrecy on
investigative records of the state's political watchdog agency.
The Senate Governmental Organization Committee rejected the effort to
thwart public access to materials gathered by the Fair Political Practices
Commission in its probes of misconduct by state and local officials.
The bill was rejected on a 6-3 vote, even though it had been pushed in a
rare display of unity by Republican and Democratic leaders in both houses.
However, supporters said they may ask the Senate panel to vote on the
proposal again or try to incorporate it into other legislation.
An angry Assembly Speaker Willie Brown, D-San Francisco, charged that a
''firestorm'' of criticism from news organizations -- including editorial
opposition from most of the state's major newspapers -- may have influenced
the vote.
''If in fact there's been the intimidation of the press that has prompted
people to exercise something other than good judgment, that ought to be
discussed,'' Brown said.
''The firestorm that's been built among the press is just outrageous.''
The measure, AB 2203, had been expected to sail through the Legislature
on the strength of a bipartisan coalition featuring Brown, Senate President
Pro Tem David*Roberti,*D-Los Angeles; Assembly Minority Leader Pat Nolan,
R-Glendale, and Senate Minority Leader Ken Maddy, R-Fresno.
But in the nearly three weeks since the proposed legislation became
public, newspaper editors have condemned it, and the bill has been the
subject of numerous print and broadcast stories.
On the eve of the committee hearing, public interest groups such as
California Common Cause and the American Civil Liberties Union joined the
fight against it.
Outcome of lawsuit
The proposal, tucked quietly into an obscure bill on lobbying practices,
was introduced at the request of the Fair Political Practices Commission in
response to a Mercury News lawsuit seeking access to the closed investigative
files of former Assemblyman Frank Vicencia of Bellflower.
It reflects a concern by the commission and lawmakers that a court ruling
could overturn Fair Political Practices Commission guidelines prohibiting
release of investigative materials, statements of witnesses and complaints
about fund-raising violations.
In urging the Senate committee to embrace the proposal, the bill's chief
author, Assembly Judiciary Committee Chairman Elihu Harris, D-Oakland, said
that efforts to secure access to the commission's investigative files could
have a ''chilling effect'' on confidential sources who might become reluctant
to step forward with information about official misconduct.
'Justifies tilting balance'
''The right to privacy, the right to, in fact, encourage witnesses to
make allegations . . . is so overwhelming that it justifies tilting the
balance toward privacy as opposed to public records and public
accessibility,'' he told the senators.
But newspaper executives and attorneys argued that previous court rulings
and the state's Public Records Act already provided state agencies and law
enforcement officials with authority to protect confidential sources.
In fact, they contended, the proposal would have elevated the Fair
Political Practices Commission, state and local officials, campaign
contributors and lobbyists to a new status that effectively would have
protected them from any public scrutiny or disclosure.
Robert D. Ingle, senior vice president and executive editor of the
Mercury News, said his newspaper was seeking access to the Vicencia files as
much to review the Fair Political Practices Commission's investigation as to
gain more knowledge about the former assemblyman's activities.
Cleared of charges
The commission cleared Vicencia of conflict-of-interest charges in 1985
after the Mercury News reported that the lawmaker failed to disclose several
clients of his insurance agency, including a poker club owned by fireworks
magnate W. Patrick Moriarty.
The Mercury News reported that the commission failed to interview several
key witnesses in the case -- including Moriarty -- before deciding not to
take any action under the Political Reform Act.
''It seems to us that the members of this committee, and indeed the
members of the entire Assembly, are being asked to participate in a possible
cover-up of the circumstances surrounding the investigation of one facet of
the Moriarty*scandal*and asked . . . to give that cover-up the force of