Lawmakers defend use of non-disclosure agreements in Capitol Annex Project | California Politics 360

Lawmakers leading the California Capitol Annex Project said they will keep controversial non-disclosure agreements in place on the taxpayer-funded construction, which legally force those involved to keep basic and broad information about the project a secret.

This week on California Politics 360, Assemblymember Blanca Pacheco and State Sen. John Laird defended the secrecy agreements, stating they are meant to protect security and sensitive bid information. Pacheco and Laird are the leaders of the Legislature’s Joint Rules Committee, which is overseeing the project.

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Neither the words “security” nor “bid” are used in the project’s NDA. When asked why not refine the NDA to explicitly protect security and bids, Pacheco stated they were drafted by the Legislature’s legal counsel.

“I cannot say why legal counsel would draft these in such a manner,” Pacheco said. “Sometimes legal counsel prefers to have broad language.”

Both Pacheco and Laird have signed the NDA. When asked why the public should trust them, Laird said as elected officials they are “obligated to speak to the higher level of the policy measures that are involved in this.”

For the two or so years that Laird and Pacheco have been leading this project, neither would talk about it until this week.

Click here to read the full article in KCRA

Gov. Newsom signs bill making it a crime for lawmakers to sign NDAs when negotiating state laws

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California Gov. Gavin Newsom has signed a bill into law that bans state lawmakers from signing non-disclosure agreements when they decide how to use taxpayer dollars or create state laws.

Non-disclosure agreements are legally binding contracts that force people to keep information secret.

California’s Legislature sent the bill to Newsom in September. The legislation was a direct result of KCRA 3’s reporting on how California’s government has either used NDAs or allowed special interest groups to use them on a major public project and state laws.

AB 1370 makes it a crime for California lawmakers to sign or force anyone to sign the secrecy agreements as they craft legislation. It would be enforced by local law enforcement and give prosecutors the power to charge lawmakers with either a misdemeanor or a felony depending on the circumstances.

“I think us as legislators and the governor should not be signing away the public’s right to know the deliberations of important things that will impact their lives,” Assemblyman Joe Patterson, R-Rocklin, who wrote the proposal, previously told KCRA 3. “This is one step to bringing more transparency but more trust in the government, more trust in the work we do here in the legislature.”

No Democratic lawmakers had spoken publicly about the proposal this year.

KCRA 3 was the first to report the use of NDAs in the California Legislature’s construction of a new $1.1 billion office building for state lawmakers. The Legislature directed 2,000 people, including five state lawmakers and dozens of government workers, to sign NDAs to keep broad information about the Capitol Annex project secret. Democratic leaders haven’t given an update on the project in years.

KCRA 3 also first reported last year that state lawmakers were entirely left out of the negotiations of California’s fast-food minimum wage law, which raised pay to $20 an hour for fast-food workers across the state but provided a mysterious exemption for bakeries that sell and bake their own bread.

Click here to read the full article in KCRA

California Legislature uses non-disclosure agreements to keep Capitol Annex Project information secret

SACRAMENTO, Calif. — The California Legislature has been using non-disclosure agreements to keep most information secret about the planning and construction of a $1.2 billion taxpayer-funded building that will house the offices of state lawmakers, the governor and lieutenant governor.

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Following a three-month long investigation and a series of Legislative Open Records Act requests, KCRA 3 learned project leaders required more than 2,000 people to sign the NDAs, including several current and former state lawmakers, government officials, dozens of state employees and hundreds of other consultants, contractors, architects, construction and utility workers.

For the last six years, the NDAs have served as legally binding contracts, ordering those involved in the Capitol Annex project to keep confidential a broad range of information while threatening legal action against those who don’t. Various legal experts told KCRA 3 they were alarmed by the development noting taxpayers and voters are entitled to the information. While it is legal, some state lawmakers and experts said the use of NDAs like this should be banned.

With the information protected under NDAs, the estimated price tag of the project swelled from $440 million to $1.2 Billion.

It’s been three years since the Legislature provided an update on the project. The small group leading the effort, the Joint Rules Committee, has used environmental litigation as an excuse to keep taxpayers in the dark about the project overall.

The committee most recently refused to provide KCRA 3 bid information to prove that the millions it secretly spent on Italian stonework was the most affordable option for taxpayers. The stonework is just one small aspect of the project. How exactly project leaders are spending taxpayer money overall is mostly unknown.

Click here to read the full article at KCRA

A California bill aiming to ban confidentiality agreements when negotiating legislation fails

SACRAMENTO, Calif. (AP) — A bill that sought to ban the use of confidentiality agreements when negotiating potential laws in California has failed to pass a state legislative committee.

The proposal by Republican Assemblymember Vince Fong failed to get enough votes to pass out of the Assembly Elections Committee on Thursday. Two Republicans voted for the bill while Democratic Assemblymember Gail Pellerin, the committee chair, voted against it.

Five other Democrats on the committee did not vote.

The legislation was inspired by last year’s negotiations over a bill that mandated a $20 minimum wage for fast-food workers. The bill, which Gov. Gavin Newsom signed into law, includes an exception for restaurants that produce their own bread and sell it as a standalone menu item.

It’s not clear why that exception was included. The exception was also included in similar legislation that passed the year before.

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Bloomberg News reported the exception was meant to benefit one of Newsom’s wealthy campaign donors who owns Panera Bread restaurants. Newsom and the donor, Greg Flynn, denied the story. The Newsom administration said the exemption does not apply to Panera Bread restaurants. Flynn also pledged to pay his workers $20 an hour beginning April 1.

Labor unions and industry groups representing California restaurants met privately last summer to discuss the bill before coming to an agreement. The parties signed a nondisclosure agreement, which KCRA first reported.

Fong criticized that agreement. He introduced a bill that would void any nondisclosure agreement relating to the drafting, negotiation, discussion or creation of legislation. The bill would have also banned public officials from signing these agreements or asking third parties to sign them.

“Nondisclosure agreements certainly have their place to protect businesses’ proprietary and financial information. But they should not be used in the crafting and negotiating laws that affect the daily lives of our constituents,” Fong said. “The public already has a poor perception of the legislative process. Allowing the use of NDAs will further erode and corrode their trust in government.”

Pellerin, the Democratic chair of the committee, noted there has been no evidence that public officials have signed confidentiality agreements related to legislative negotiations.

Click here to read the full article in AP News

California lawmaker introduces bill to prohibit NDAs in legislative negotiations

The proposal comes after KCRA 3 first reported that NDAs were used in the final negotiations of California’s controversial fast food minimum wage law.

California Republican Assemblyman Vince Fong introduced legislation that would invalidate any state legislation involving non-disclosure agreements, his office first told KCRA 3 on Friday.

Fong is amending one of his current bills, AB 2654, on public contracts to include the language. The legislation would also explicitly prohibit public employees from signing non-disclosure agreements in their official capacity when negotiating proposed laws.

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“Transparency in government is the foundation of our democracy,” Fong said. “It builds trust and confidence in elected and government officials. Public officials, paid by taxpayers, are trusted to carry out the people’s business in a fair and equitable manner.”

The proposal comes after KCRA 3 first reported that NDAs were used in the final negotiations of California’s controversial fast food minimum wage law.

The law, which takes effect in April, has come under scrutiny as the governor faces allegations he pushed for an exemption for one of his billionaire donors who also operates dozens of Panera locations in California.

Experts have noted those NDAs may keep us from knowing how the bill finally came together and how the carveout ended up in the law.

“Legally binding contracts in legislative negotiations that intentionally hide the truth from the public must be unlawful and unenforceable. Taxpayers deserve more transparency from their government, not less,” Fong said. “Taxpayers deserve more transparency. Without transparency, trust in government erodes.”

Newsom’s office, which oversaw the negotiations of the fast food bill, said the governor never signed an NDA and did not direct anyone to sign one.

In a statement responding to Fong’s bill, Governor Newsom’s office said, “the governor doesn’t sign NDAs, for legislation or anything else. This wouldn’t change anything for our office.” The office also noted the governor does not typically comment on pending legislation.

Click here to read the full article at KCRA