Due Process, Public Notice And You

Because the City, like all governmental entities, operates on a budget based upon taxpayer dollars, we the people are entitled to know how those dollars are being spent.

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Dr. John E. Warren, Publisher, The San Diego Voice & Viewpoint
Dr. John E. Warren, Publisher, The San Diego Voice & Viewpoint

By Dr. John E. Warren, Publisher,  San Diego Voice & Viewpoint Newspaper

As we move into this New Year, one might notice a great deal more discussion of politics, new laws, announcements or the lack thereof of events planned or already underway, that you didn’t know about or wondered how you missed such information. 

The reality is that, in too many cases, decisions are being made as to whether or not you need to know everything that you think you should. Those decisions are being made by people either elected or appointed to positions of authority and information. Positions they supposedly hold for “our” benefit.

Let us use the City of San Diego as a teachable point of reference on this issue. Because the City, like all governmental entities, operates on a budget based upon taxpayer dollars, we the people are entitled to know how those dollars are being spent. This is where the concept of due process comes into play. It is the act of being given notice of what is proposed either in jobs, contracts, proposed policy regulations or changes and the opportunity to review and respond if one desires. 

Due Process then involves notice of what is proposed and the opportunity to comment in response.  It is not based on the size of the public receiving notice, only the opportunity to have notice.

The City of San Diego puts just about all its notices, if not all, on the internet. Bid notices are put on BuyNet, a website requiring registration if one wants to participate in the bid process on any contracts. Most, if not all, other notices are done through press releases, also put on the internet via the City’s website. Job vacancies are placed on respective websites, whether or not the public has knowledge of those sites. In the City and County of San Diego, almost 50 percent of the residents are not on the internet. Therefore, they have no knowledge of the expenditure of their tax dollars as described here.

Now we come to the present day problem. The City of San Diego is now contracting with employment consultants, known as “headhunters” in its search for a new Chief of Police. The City is also about to engage in the same process to find a new Chief of the San Diego Fire Department. Historically all these positions and proposals should be advertised in local newspapers, recognized under the California Administrative Procedures Act or what we often see as statutes in the California Government Code. 

At the Federal level the same requirements are found under Title V of the U.S. Code as the Administrative Procedures Act at section 553,554,555. The Federal Register, which we know carries all proposed changes in law as the vehicle for public comment, usually provides a 40 day notice period for responses. We have made no changes at the state county or city level providing that the internet is now the official replacement instrument for public notice. It may be used in addition to, but not in replacement of, newspapers of general circulation. This whole piece is not about newspaper ads as much as it is about how the public is being marginalized out of the information process.

The person most responsible for this today within the City of San Diego is the City’s Chief Operating Officer, Eric Dargan. He is responsible for the day to day operation of the City under the direction of the Mayor who is his boss under our “Strong Mayor” form of government. When one considers, this is a year in which we will get a new Police Chief, a new Fire Chief, a new Chief Administrative Office for the County who will have to be recruited, vetted and hired.

While meetings are being scheduled in each of the City’s districts, those meetings do not discuss the very contracts and amounts paid to the recruiters or the job descriptions and proposed pay of the people to be hired. Where are the proposed contracts for these people and services? Due Process creates transparency when done correctly. 

What do you have to say about all this as a citizen/taxpayer? We would like to hear from you.

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