Cracking a door on backroom decisions
State Senate approves measure that would ban ex-parte meetings with members of the Coastal Commission.
SACRAMENTO — The state Senate on Monday approved legislation that would prohibit developers, environmentalists and others from having private, offthe-record communications with members of the California Coastal Commission that could influence decision-making.
Sen. Hannah-Beth Jackson (D-Santa Barbara) introduced the measure because of concern over the recent Coastal Commission decision to remove Executive Director Charles Lester during a closed-door session with little public explanation.
More than 200 environmental activists and others testified against the removal, with some claiming that commissioners were making the agency friendlier to developers.
Jackson told her colleagues that the commission has “run amok,” adding that Lester’s removal “has resulted in a high degree of public uncertainty, accusations of a lack of transparency in the decision-making process and concerns of undue influence.”
The bill would explicitly prohibit ex-parte communications involving development permit applications and board hearings on enforcement actions against improper development.
“SB 1190 will help restore the public’s trust in this commission, ensure that decisions are made with transparency and remove that backroom decision-making or the public perception that backroom decision-making occurs,” Jackson said during the floor debate. The vote was 23 to 12.
The commission, which plans and regulates the use of land and water along the coast, allows ex-parte communications as long as they are disclosed. However, Jackson said the disclosures
are often delayed.
Sen. John Moorlach (RCosta Mesa) voted against the bill, saying it is too restrictive on communications between the public and its government.
“I think we are probably overreacting to something,” he said.
Sen. Bob Hertzberg (DVan Nuys) voted for the bill despite concerns that it could prevent full and fair hearings and lacks a prohibition on ex-parte communications with staff.
“Currently it’s nearly impossible to get a full and adequate hearing without exparte communications,” Hertzberg said, noting interested parties often get only minutes to make their case at a hearing.