Law Enforcement: California Drug Task Force Must Hold Public Meetings, Court Rules 12/2/05

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In a November 23 ruling with potential statewide repercussions, California's 2nd Appellate District Court has upheld a lower court ruling ordering Los Angeles County's LA Impact drug task force to allow public attendance at its board meetings. The decision in McKee v. LA Interagency Task Force could also be applied to the 41 other California drug task forces registered with the state attorney general's office.

In both the lower court case and the appeal, the Los Angeles County Police Chiefs' Association, which created LA Impact 14 years ago and supervises its operations today, argued that the multi-agency task forces should be shielded from public scrutiny because of the sensitive investigations they undertake.

But the appeals court found the chiefs' concerns were unfounded, citing a provision in the state's open meetings law that allow task forces to meet behind closed doors to discuss ongoing investigations. "LA Impact urges that public policy requires that its meetings not be open to the public," the court wrote. "What LA Impact ignores, however, is that not all of its meetings are required to be open to the public."

"This ruling was imperative if the public is going to know where its money is being spent," plaintiff Richard McKee told the Pasadena News after the ruling was announced. He and former Pasadena Weekly reporter Chris Bray filed the lawsuit to force LA Impact to open its books and meetings to the public. "Anytime a government agency is able to hide itself from public scrutiny we are inviting trouble," McKee said. He told the News he would ask Attorney General Bill Lockyer to notify the other drug task forces they must now comply with the open-meeting laws.

McKee and Bray first became interested in LA Impact when the drug task force announced in 2002 it wanted to expand into domestic terrorism investigations. Bray and McKee, an open-government activist, became convinced the task force came under the open-meetings law like any other government agency.

LA Impact has a budget of more than $9 million last year, most of it from asset forfeiture, the News reported.

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Issue #413 -- 12/2/05

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