FOI Watch
This occasional compendium summarizes freedom of information issues as reported in CNPA-member newspapers.

Law blocks access to Brown’s gubernatorial record

Mar 05, 2010

A little-known exemption to the California Public Records Law (CPRA) is making it difficult for journalists, historians and voters alike to assess Jerry Brown’s candidacy for state governor. The exemption shields gubernatorial records for 50-years.
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Closed-door action violates Brown Act

Mar 05, 2010

The Fresno County District Attorney’s Office concluded that the Sanger City Council violated the Ralph M. Brown Act, the state’s open meeting law, by changing the way it would search for a new city manager behind closed doors.
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Council actions could be silencing critics

Mar 05, 2010

The Carson City Council approved two controversial actions last November that had the effect of silencing critics of Mayor Jim Dear and his allies. One of the actions gave the mayor the power to mute speakers at council meetings. The other action ended two independent public access shows that aired on Channel 35 and that had been critical of the council. “That’s censorship. That’s all it is, and it’s wrong,” said Robert Lesley, a frequent speaker at council meetings and the host of the now-canceled show, “Carson Speaks Up.”
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Letter accuses campus officials of free speech violations

Mar 05, 2010

Two national civil liberties organizations defended the integrity of the Los Angeles City College (LACC) newspaper, the Collegian, in a letter to college administrators.

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Campus newspaper disappears

Mar 05, 2010

About 2200 copies of the Chapman University student newspaper mysteriously disappeared prior to its distribution. Amber Gonzales, editor of The Panther, said that the paper would not be reprinted for distribution. “We really can’t afford it,” she said. “There’s a PDF version on the Web.” The cost to print the weekly paper is $1,400.
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Tentative ruling rejects privacy concern in favor of releasing Garrido records

Mar 05, 2010

A Sacramento judge on Feb. 4 issued a tentative ruling that would require state correction officials to release to The Sacramento Bee and two other news organizations parole documents on Phillip Garrido, the man arrested in August and charged for the 1991 kidnapping of Jaycee Lee Dugard. At eleven years of age, Dugard was allegedly kidnapped and held in captivity by Garrido and his wife, Nancy, in the back of their home for 18 years. The Garrido’s have pleaded not guilty to charges that could send them to prison for life.

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State keeps casino payments secret

Mar 05, 2010

Due to an exemption to the California Public Records Act (CPRA), California voters are not allowed to know just how much state revenue was generated as a result of the 2008 voter-approved expansion of four Indian-owned casinos in Southern California. The information seems relevant to California residents, especially given the state’s budgetary shortfalls.
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Judge rules in favor of county pension disclosure

Mar 05, 2010

Nov 13, 2009

The Greenfield Police Department has reviewed and released a new public records request form that officials say will help the department streamline and track public record requests. The form states that its use is optional and not required for obtaining copies of public records. “We want to make sure that we are putting policies and procedures in place that help us follow the public record act,” said Police Chief Joe Grebmeier.

Nov 13, 2009

The publication of a student newspaper at the Orange County High School of the Arts was halted after the school’s principal questioned the relevancy of certain information found in one of the articles. The article reported that the school’s new cafeteria services provider was a Christian company whose stated mission on its Web site is to “serve God.” Principal Sue Vaughn believed the information was irrelevant and should not have been included in the article. Her intention, she said, was never to censor the students or permanently stop the Evolution from being published.

Nov 13, 2009

First Amendment advocates are bothered by a small provision contained in a court budget trailer bill that was signed into law in July. The provision allows open court proceedings to be electronically recorded, but prohibits making the tapes available to the public. The recordings will serve to monitor judges’ performance and may only be reviewed by the court’s presiding judge or administrator.
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Suit seeks access to privately stored electronic communications about city business

Nov 13, 2009

An environmental activist filed a public records lawsuit against the city of San Jose after the city refused to release electronic communication records about city business from officials’ personal cell phones and other devices. The lawsuit, filed by Silicon Valley Toxics Coalition founder Ted Smith, seeks to compel the city to produce the records and pay for Smith’s legal fees. “In this day and age in the 21st century in Silicon Valley, a lot of business is conducted by e-mail, including public business,” said Smith’s attorney, James McManis. “The fact that they use private e-mails doesn’t mean that the public isn’t entitled to know about it.”

Nov 13, 2009

According to Saratoga city officials, public record requests have been steadily rising and are absorbing staff time that could be spent providing other services to residents. The upswing in requests has come from business entities that are often outside the city or state, said city clerk Ann Sullivan. “It seems like there is a shift in the public records requests as far as it almost is going in the opposite direction of its intended purpose,” said Sullivan, adding that fewer than 50% of the requests are coming from Saratoga residents. City staff recently filled a records request that took nine months, said Sullivan. It came from Professional Finders, a company in Fredericksburg, VA. The compiled information came to 226 pages and cost the company $45.20 or 20 cents per page. Most of the records requests we are receiving are from commercial businesses that are asking for us to basically do their research for them,” said assistant city manager Barbara Powell, calling the situation an “unfortunate problem with the current records law.”

Nov 13, 2009

In an effort to better comply with the state’s laws on open meetings and public records, The City of Saratoga has adopted a new electronic communication policy for its council members and planning commission members. “We are in a constant state of discussion about the best way for the city to comply with its various obligations under the law, and the various interests and desires and demands of a community that communicates with the city via e-mail,” said city attorney Richard Taylor during a joint meeting between the council and commission. Although current laws were “developed in the days of pen and paper,” they still apply to current forms of electronic communication, he added.
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Arguments heard in pension data case

Nov 13, 2009

Arguments were heard on Oct. 20 in a pension data case where The Modesto Bee and the CNPA are seeking a court order to compel the Stanislaus County Employees’ Retirement Association (StanCERA) to disclose under the California Public Records Act the names of pensioners receiving more than $100,000 per year.
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Employee union sues UC System for public records

Aug 07, 2009

The American Federation of State, County and Municipal Employees Local 3299 has filed a lawsuit against the UC system under the California Public Records Act (CPRA). The lawsuit claims that ten UC campuses failed to respond to requests made eight months ago by union leaders for financial records. The suit also alleges that some campuses violated the CPRA by imposing production fees rather than duplication fees for copies of those public records.
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Judge rules that pension data is public

Aug 07, 2009

In a legal battle joined by the Contra Costa Times, the Los Angeles Times and the California Newspaper Publishers Association, Contra Costa Superior Court Judge Barry Baskin ruled that public employee pension data, including the names of retirees, is a matter of public record and subject to public scrutiny.

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Judge rules against controller audits of elected offices

Aug 07, 2009

Los Angeles Superior Court Judge Mark Mooney ruled that the Los Angeles City Controller does not have the power to conduct performance audits in the offices of elected officials. At issue is the City Controller’s power to uncover waste, fraud and abuse in all levels of government.
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State Senate adds to list of secret payouts

Aug 07, 2009

The state Senate secretly approved a $70,000 settlement agreement that was paid in June to a legislative staffer that had accused a former colleague of harassment. The settlement prohibits the accuser from going public with the charges. The agreement, which was obtained by The Times, does not disclose or identify the name of the accused or the nature of the misconduct. It demands that the accuser not “in any way publicize the terms or amount of this agreement unless required by law” and says she is to respond to questions “by stating words to the effect that ‘the matter has been resolved’.” Such deals raise “a serious question about using public funds to pay for silence,” said Terry Francke, general counsel for Californians Aware. “Buying the ignorance of the public with public money seems contrary to the spirit of open government. It seems a kind of betrayal of public trust.”
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Lawsuit Challenges County’s $2-per-page duplication fee

Aug 07, 2009

California Public Records Research, Inc (CPRR). filed a lawsuit under the California Public Records Act that challenges Monterey County’s $2.00 duplication fee for copies of public records. The lawsuit was filed after the county charged the company $372 for copying a 186-page document about copying fees.

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Principal confiscates student magazine

Aug 07, 2009

Orange High School Principal SK Johnson confiscated nearly every copy of a student magazine after deciding that the design on the cover and an article inside were inappropriate. The design on the cover of Pulp magazine illustrated the cover story “Tattoo Mania” with an image of a man’s back tattooed with a picture of a panther, the school’s mascot. Above the panther read OHS PULP in Old English script. Johnson disliked the image because it was “gang looking.” The article Johnson disliked listed ten things seniors should do before they graduate, like cutting school to go to the beach and sneaking a swim at the school pool – “clothing optional.” “It was not an easy decision,” Johnson said. “But we have an image of our school that I want to uphold.”
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Encinitas decides against sunshine ordinance

Aug 07, 2009

The Encinitas City Council decided in June that it would not pursue a sunshine ordinance. Most members of the council agreed that the city already exceeds state guidelines for government transparency. “Nobody saw a reason to actually create an ordinance to describe what we’re already doing anyway,” said Councilman Jerome Stocks. The council voted 4-1 with Councilwoman Teresa Barth opposed. Barth said an ordinance would have fostered “a culture of open and transparent government.”

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Changes made to Milpitas Sunshine Ordinance

Aug 07, 2009

The Milpitas City Council unanimously voted in April to introduce an amended Open Government Ordinance. The original ordinance was adopted in April 2005. City officials agree that the ordinance could be improved by changing provisions considered unwieldy, unduly time consuming for staff, or unused by the public. The recommended changes “reflect adjustments to allow for smoother operation and better tailoring to suit the actual needs of the public,” said Milpitas City Attorney Mike Ogaz. The city attorney added that some proposed changes would eliminate “onerous record keeping and documentation chores that take excessive staff time and really do not provide greater access to the public.”
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San Diego officials, Union-Tribune reporters clash over public records

Jul 07, 2009

A showdown last month between a pair of Union-Tribune staffers and San Diego city officials over financial records housed at City Hall has led city officials to post "authorized employees only" signs on the seventh floor.
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California ranks 23rd in access to information online

May 22, 2009

According to an audit released in March, California ranked 23rd in the nation for providing access to public information online. Texas ranked first. The audit, conducted by the American Society of Newspapers Editors, surveyed the states’ Internet access to 20 types of government records—from school bus safety records to performance audits.
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Gov. rejects records request for stimulus use

May 22, 2009

Gov. Schwarzenegger’s office rejected a public records request made by The Associated Press for information detailing how the Governor plans to spend the expected 26 billion in stimulus funds from the federal government.

Open government fight backfires due to district’s free speech claim

May 22, 2009

A recent appellate court ruling involving the Ralph M. Brown Act has left a chilling effect on the public’s ability to pursue claims under California’s open government laws. Cal Aware and its former president Richard McKee sued the Orange Unified School District Board, under the Brown Act, for editing out comments made by school board member Steve Rocco on a DVD that aired on a public access cable channel. McKee’s petition asked the court to overturn the censure and declare the editing of the DVD as unlawful. The school district turned around and filed an anti-SLAPP motion saying that McKee and Cal Aware had stifled the district’s right to free speech.

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City attorney reminds council members of Brown Act

May 22, 2009

Encinitas City Attorney Glenn Sabine wrote a conciliatory letter to an attorney who had threatened to sue the city under the Ralph M. Brown Act, the state’s open meeting law. According to attorney Marco Gonzalez, council members violated the Brown Act by conducting an e-mail debate about a controversial tree removal at a local park. The Brown Act prohibits a majority of an elected body from discussing business outside of a public meeting.
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San Diego Officials are quick to release calendars

May 22, 2009

The San Diego Union-Tribune asked 59 officials in San Diego County to release their calendars for the prior three months and all but one complied. The California Public Records Act requires that requests for public records be met with a response within 10 days of the request.

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Lodi unified keeps revived student settlement secret

May 22, 2009

Lodi The Lodi Unified School District refused to release the amount of a settlement agreement reached between the district and a former Lodi High School student who was resuscitated after suffering a cardiac arrest during a physical education class.

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CFAC wins access to digital mapping database

May 22, 2009

A California state appellate court sided in February with the California First Amendment Coalition in a battle over public access to a government database that makes possible highly accurate digital mapping.

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Court media policy released

May 22, 2009

The Yolo County Superior Court released a media policy to help improve press relations. The policy is a product of “bench-bar-media” committee meetings. There are five bench-bar-media committees through out the state. The committees are comprised of court personnel, reporters and media attorneys. The committees were formed in response to a highly publicized lockout in June of last year. The public, including reporters and family members of the defendant, Marco Tepete, who was charged with killing Sheriff Deputy Tony Diaz after a high-speed chase, were barred from entering criminal proceedings at the court. A week later, the Court Executive Office responded to media criticism with a statement declaring the Sheriff’s Department at fault for the lockout.

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