CalAware WatchDogs

Below is a general description of our WatchDog program.  This program exists primarily as a WatchDog weblog, or journal, which will appear to the public on our website.  We are looking for volunteers who are willing to take part in our Beta testing of this program over the next few months.  If you are interested, please contact us and we will send you a more detailed description, along with instructions.

What is a CalAware WatchDog?

A CalAware WatchDog is an individual interested in keeping an eye on the activities of his or her government by attending public meetings of selected bodies, and otherwise monitoring government agencies, to report on their compliance with public forum law in California. Public forum law deals with people’s rights to find out what citizens need to know to be effectively self-governing, and to share what they know and believe with the community without fear or loss. The main components of public forum law are the Brown Act (for local agency meetings), the Bagley-Keene Open Meeting Act (for state body meetings), the California Public Records Act, whistleblower protections for agency insiders, anti-SLAPP protections for outsider critics, and First Amendment protections for speech, petition, assembly and press activities.  In short, a CalAware WatchDog is a “citizen journalist” whose beat is informed civic participation close to home and events, trends, practices or attitudes that either support or subvert it. 

What is the CalAware WatchDog’s purpose?

The WatchDog reports to his or her own community—and to the statewide CalAware audience—the good and bad news about open government and First Amendment protections in the local town, city or county. Does a government body appear to be keeping secrets unlawfully, or pulling surprises on the community because of inadequate or nonexistent public notice?  Is it refusing to provide access to public records for questionable reasons?  Or, on the contrary, do its policies and procedures welcome informed public participation?

These reports are then open to comment from any quarter, and in particular allow people —in neighboring blocks or from opposite ends of the state—to compare notes, offer suggestions and educate and encourage each other as active, informed citizens.

Why can’t the news media do this reporting?

To some extent they can and do—newspapers, at least.  But for a variety of reasons few newspapers can focus on open government and First Amendment issues with much consistency or depth, at least until they arise in very conspicuous clashes: accusations of wrongdoing, lawsuits or other public conflicts.  And in any event their coverage does not invite a discussion or idea-sharing in the pursuit of solutions from near and far; they’re just not set up for that. On the other hand, the standards of professional performance that journalists strive to adhere to are desirable principles to guide citizen journalists as well.  As set forth most recently by the Society of Professional Journalists in 1996 (found here), they boil down to four broad expectations. Inserting the word “citizen” before the word “journalist” shows that journalism as a way of communicating is every bit as much a matter of ethics as of technical skills, if not more so:

• Seek Truth and Report It -- Journalists should be honest, fair and courageous in gathering, reporting and interpreting information.
• Minimize Harm -- Ethical journalists treat sources, subjects and colleagues as human beings deserving of respect.
• Act Independently -- Journalists should be free of obligation to any interest other than the public's right to know.
• Be Accountable -- Journalists are accountable to their readers, listeners, viewers and each other.

Who can be a CalAware WatchDog?

Anyone who is a member of CalAware and who regularly attends the public meetings of any state or local body and has access to the Internet.  Ideally, this individual also has immediate access to a scanner and/or fax machine.

To become a CalAware WatchDog, simply email your request to info@calaware.org.  It may take a few days to process your request, but you will be notified when your WatchDog status is complete.

What to report and when to report it

1. Meetings: The WatchDog should take note of the conduct of each meeting of the public body he or she chooses to monitor, particularly the body’s compliance with the Brown Act or the Bagley-Keene Act.  Any deviations from the standards set by those laws (or any superseding local Sunshine Ordinance) should be noted, as well as any practices that could be considered “above and beyond” the minimum requirements of the law. We also encourage you to collect the relevant meeting materials (agendas, minutes, photos, etc.) to be uploaded and referenced in your report.  If you are unable to retrieve a copy, for any reason, you should locate the link for access to these documents/photos already online and include it in your report.

2. Records: The WatchDog may also conduct individual California Public Records Act compliance audits, limited to the records listed here:

• FPPC Form 700 for the highest ranking official
• Employment contract of the agency’s chief executive
• The most recent litigation settlement agreement involving a payout of $50,000 or more
• The contact information (as much as possible) of the designated contact person for all public records requests

An audit should be conducted no more than once per quarter, and no less than once per year.  The results should be posted, including any form(s) used to note your findings (supplied by CalAware). The WatchDog may also wish to report his or her own experiences, or those of others in the community in requesting other information from public agencies.

3. Conflicts involving speech, petition, assembly or press rights: WatchDogs should also monitor local media for coverage of whistleblowers, SLAPP suits, and any other First Amendment activity related to their agency.  Such articles should be linked and updated regularly (as soon after they appear as possible).

4. Multiple agencies: WatchDogs are permitted and encouraged to track more than one agency, but we ask that you report your findings separately as individual Comments.  If you need more information about how to do this, please contact us.

How not to report

The following are simply unacceptable:

• Attacks on character
• Profanity
• Urging or opposing the election of a political candidate
• Material unrelated to public forum rights or law
• Undisclosed personal agendas or biases
• Rumor reported as fact

Although CalAware encourages its WatchDogs to bring their experience and perspective to their reporting, we believe that this program benefits most from an impartial and objective approach; fairness and accuracy are the number one goal. CalAware recognizes that many if not most WatchDogs will have had a history of activism for or against certain political, social, economic, environmental or ideological causes.  These need not be abandoned but should be prominently disclosed in the main body of the report.

For more information, or volunteer to become a CalAware WatchDog, contact us.