Political payback won’t be as easy to hide from the public following a ruling by a Sacramento Supreme Court judge.

According to the 12 page tentative ruling by Judge Timothy M. Frawley, the California Assembly must make the budget records of lawmakers accessible to the public.

The issue became a political hot potato after Assembly Member Anthony Portantino (D-La Cañada Flintridge ) claimed that fellow Democrats sought retribution against him after he voted against the party’s budget proposal.

That alleged political payback spanned the sublime (forced staff furloughs without pay for six weeks) to the ridiculous (refusing to replenish office staples). Democratic Assembly leaders also claimed Portantino was over budget and slashed his expenses without providing budgetary proof.

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Piqued by the story, the Los Angeles Times and McClatchy Newspapers sought a writ of mandate under the Legislative Open Records Act (LORA) ordering the California Assembly to produce records related to budgets and expenditures for the members of the Assembly and its committees. The Assembly refused to produce the records, contending they are exempt from disclosure under LORA.

On December 2, Judge Frawley concluded the records were improperly withheld under the Open Records Act:

“In a somewhat ironic twist, the Assembly argues the “Open Records Act” should be given a narrow interpretation that significantly restricts the public’s right to inspect legislative records. Further, the Assembly argues that the constitutional doctrine of separation of powers prohibits this court from enforcing any other interpretation. Both arguments lack merit,” said Frawley.

Assembly Member Cameron Smyth applauded the decision.

“Transparency is an issue I care deeply about, and I believe that taxpayers should be able to see how their money is being spent at all levels of government,” said Smyth.

Although, the threat to forcibly furlough Portantino’s staff was lifted the day before it was to take effect (October 5) he said he was saddened the Assembly would spend taxpayers dollars to protect secrets.

“My situation was long-settled when the press and non-profits uncovered the truth that my budget had been cut mid-year. This issue is no longer about me, but is now about making Sacramento function better by using transparency to improve decision-making and the democratic process,” said Portantino.

While waiting for the ruling, Portantino drafted AB 1129 which would replace LORA with the California Public Records Act to prevent any future public disclosure loopholes.