The Cal State University earlier this month ended its opposition to SB 8, a bill that would open auxiliary organization records to public disclosure, but the 23-campus system maintains it has not changed its policy on transparency.
The current version of SB 8 would not force auxiliary organizations to conform with the California Public Records Act but it would amend the education code to create what Erik Fallis, CSU media relations specialist, explained was “equivalent” to it.
Calling auxiliaries such as Associated Students Inc. and 49er Shops “separate” and “independent,” Fallis said that original versions of the law applied a “public standard to non-public entities,” and that initial opposition to the bill was primarily directed at this legal distinction.
According to Fallis, the CSU, newspaper publishers as well as the transparency bills author, Sen. Leland Yee, discussed amendments to the bill that would bar public disclosure of donor’s names and, what the bill calls, “trade secrets.”
The current version of SB 8 would bar public disclosure of donor’s names unless they receive compensation costing the university over $2,500.
Fallis said, “trade secrets” may include contractual agreements between private vendors, such as the Carl’s Jr. located in the University Student Union, and ASI.
“The CSU has always had the same concern,” he explained. “A number of [amendments] were worked on … [and] we finally have an agreement, on all sides, to provide transparency and [allow auxillaries to] continue to do what they do.”
Under current state law, the CSU and University of California systems are bound by the California Public Records Act, which mandates public disclosure of government records upon request. The state’s 87 auxiliary organizations are not.
Approximately 20% of the state higher education budget, or $1.34 billion of the 6.7 billion budget was held in auxiliaries or foundations, according to Sen. Yee’s website.
If the bill passes — it still needs to clear the State Assembly — ASI would need update its policy on records management to allow public disclosure, said Richard Haller, ASI executive director.
Haller said he could not speculate on what effect the bill would have on the student government organization but said changes if any would be minor.
“I don’t anticipate any major changes in our current practices, other than developing a process for responding appropriately to records requests,” he said.
Haller also said “none of … [ASI’s] donors to date have requested anonymity.”
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