06/04/2009 Print Version |
WHEREAS transparency
is fundamental to promoting efficiency and effectiveness in government and
strengthening the democratic process by giving citizens enough information to
reach their own conclusions about how their tax dollars are being spent; and
WHEREAS audits of government departments and agencies and their operations can provide
objective and measureable performance reviews and identify and correct
inefficient or wasteful practices; and
WHEREAS consumers seeking information on government operations are often frustrated
because myriad oversight entities perform audits of departments and agencies,
but the information is difficult to access easily due to the lack of a
web-based, central inventory of audits organized on a department-by-department
or agency-by-agency basis; and
WHEREAS many internal audits that departments and agencies perform on their own
operations are finalized but never made public; and
WHEREAS billions of dollars in state contracts are entered into each year in California
to purchase goods and services on behalf of the people, and posting contracts
on-line is an effective way to help ensure that taxpayers are getting the best
value and services are being provided in an efficient manner; and
WHEREAS my administration has been committed to promoting openness
in government; and
WHEREAS in March 2009, I directed that the statements of economic interest of my staff
and top administration officials be posted to a new Reporting Government
Transparency web site and directed that the travel and expense form reports of
top administration officials be posted on-line; and
WHEREAS in
April 2009, I appointed former Los Angeles City Controller Laura Chick to act
as watchdog and Inspector General of the state's spending of American Recovery
and Reinvestment Act funds; and
WHEREAS continuing the commitment to increasing transparency in government is critical at
a time when the global recession has deepened and California's economy
continues to struggle, causing the state budget for fiscal year 2009-10 to fall
out of balance by an estimated $24.3 billion.
NOW, THEREFORE, I, ARNOLD SCHWARZENEGGER, Governor of the State of California,
by virtue of the power and authority vested in me by the Constitution and
statutes of the State of California, do hereby issue this Order to become
effective immediately:
1.
With
the assistance of the Office of the Chief Information Officer, agencies and
departments on June 4, 2009, shall post to the Reporting Government
Transparency web site audits of their operations dating back to January 1,
2008, performed by outside entities such as the
Bureau of State Audits, State Controller, the
Department of Finance, or a federal agency with oversight responsibility of
their operations. Agency and department web pages shall provide easy
access to audits of their operations. Departments and agencies shall post
future audits to the Reporting Government Transparency web site within 5
working days of finalization.
2.
Starting
June 12, 2009, financial and programmatic audits that agencies and departments
have done on their own operations and audits that they have performed on other government
entities dating back to January 1, 2008, shall be posted to the Reporting
Government Transparency web site. Departments and agencies shall post
future audits to the Reporting Government Transparency web site within 5
working days of finalization.
3.
Starting
June 19, 2009, the Department of General Services and the Office of the Chief
Information Officer shall ensure that all awarded contracts valued at $5,000 or
more dating to March 2009, shall be placed on the Reporting Government
Transparency web site. All new contracts shall be posted within 5 working
days of signing by all parties.
4.
Nothing
in this Order shall be construed as requiring the posting of audits or
contracts where such posting would (a) violate federal or state laws; (b)
result in the unauthorized waiver of privileges, such as the attorney-client,
attorney work product or deliberative process privileges; or (c) result in the
unauthorized waiver of exemptions from disclosure under the California Public
Records Act.
IT IS FURTHER ORDERED that the agencies and departments under my direct executive authority shall
cooperate in the implementation of this Order.
This Order is not intended to, and does not, create any rights or benefits,
substantive or procedural, enforceable at law or in equity, against the State
of California, its agencies, departments, officers, employees, or any other
entity or person.
I FURTHER DIRECT that as soon as hereafter possible, this Order be filed in the Office of the
Secretary of State and that widespread publicity and notice be given to this
Order.
IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 4th day of June 2009.
ARNOLD SCHWARZENEGGER
Governor of California
ATTEST:
DEBRA BOWEN
Secretary of State
