EXECUTIVE ORDER B-12-11
WHEREAS promoting easy access to state governmental information in a cost-efficient way is a priority of my Administration; and
WHEREAS California enters into contracts worth billions of dollars each year to purchase goods and services on behalf of the people; and
WHEREAS making these contracts easily accessible enhances the ability of Californians to review their terms and to evaluate the effectiveness of their state government; and
WHEREAS posting information about these contracts on the Internet can be a cost-efficient way to provide easy accessibility; and
WHEREAS the Department of General Services (DGS) maintains the eProcurement website (www.dgs.ca.gov/pd/programs/eprocure), which provides information on the award of contracts for goods, services, and information technology; and
WHEREAS the eProcurement website includes important details about each contract, including the contracting department, the contractor, dates, quantity, price, what was purchased, and how the contract was awarded; and
WHEREAS all departments and agencies under my authority should use this website to provide this important information to California’s taxpayers.
NOW, THEREFORE, I, EDMUND G. BROWN JR., 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:
IT IS HEREBY ORDERED that, with the assistance of the DGS, agencies and departments under my direct executive authority shall provide as much information as possible on their contracts through the eProcurement website.
IT IS FURTHER ORDERED that nothing in this Order shall be construed as requiring the posting of information 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IT IS FURTHER ORDERED that Executive Orders S-08-09 and S-20-09 are rescinded immediately.
IT IS REQUESTED that other entities of state government not under my direct executive authority work to promote governmental transparency by making information about their contracts readily available to the public in a cost-effective manner.
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 9th day of October 2011.
________________________________
EDMUND G. BROWN JR.
Governor of California
ATTEST:
________________________________
DEBRA BOWEN
Secretary of State