Billion-Dollar Budget … City spending to increase 25 percent over five years

By Craig Powell

First, there’s the headline number: The city is poised, for the first time in its history, to spend more than $1 billion in the fiscal year that begins on June 30. Total general-fund spending (which pays for police, fire, etc.) is set to hit $450 million next year, while “enterprise” spending (primarily, the utilities department) consumes $584.2 million.

The city expects to employ 4,552 people next year, a slight increase over the current year, but an increase of 720 positions from five years ago. The city expects to employ 130 fewer people than it did in 2008.

City officials are forecasting that the budget will sink into major deficit beginning in just two years, when a general-fund operating deficit of $11 million is expected to grow to $26 million by 2022. You would expect that a city manager, facing the prospect of such red ink, would propose a city budget for next year that calls for major cuts in spending to head off the coming fiscal ditch. But you would be wrong. Fiscal discipline is a very foreign, even suspect concept at City Hall these days. In fact, city manager Howard Chan’s recently released budget forecast anticipates sharp increases in general-fund spending on city operations over each of the next several years, rising from $412.9 million this year to $515.9 million in 2023, a 25 percent increase in operations spending over five years—a spending pace that’s more than twice the inflation anticipated during that period.

view/download … Billion-Dollar Budget … City spending to increase 25 percent over five years

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Watchdog group seeks ethics reforms at Sacramento City Hall

CITY BEAT

SEPTEMBER 2, 2015

HIGHLIGHTS

Eye on Sacramento says city has ‘tremendous vacuum of accountability’

Group wants city to adopt plan, but will go to ballot if needed

Ethics, redistricting commissions part of recommendations

Judge orders Sacramento to save 15 million emails

Mass deletions put on hold in court decision

No timeline for email release

Other emails on city affairs will need new request

City Hall 2

In an effort to stop Sacramento from deleting hundreds of emails, watchdog group Eye on Sacramento has sued the city and requested a temporary restraining order preventing city staffers from deleting any correspondence. | Jose Luis Villegas Sacramento Bee file

BY DARRELL SMITH

dvsmith@sacbee.com

The city of Sacramento must preserve 15 million emails on its server for review, a Sacramento Superior Court judge ruled Friday in a victory for two Sacramentans who requested access to the city-stored information.

After nearly two hours of argument Friday, and amid Judge Shelleyanne W.L. Chang’s own concerns that the petitioners’ request for records represented “a moving target,” the judge granted a preliminary injunction ordering the city to save the emails. Chang also levied an $80,000 undertaking – an $8,000 bond that plaintiffs must pay the city to review the records. Chang in June granted a temporary restraining order stopping the city from deleting the emails, giving both sides time to work out an agreement to provide the records.

“As of July 1, the city was going to destroy the emails. As of today, they’re going to save 15 million. That’s pretty good,” said attorney Paul Nicholas Boylan, who represented Sacramento residents Katy Grimes and Richard Stevenson, following the afternoon hearing.

Grimes and Stevenson filed separate public records requests in June for emails the city planned to delete as irrelevant to the public record. Grimes had asked for city emails from Jan. 1, 2008, to present, while Stevenson requested emails that were to be deleted July 1 as part of the city’s planned move to another email system.

“We’re happy with the 15 million. It’s a big victory for the public,” Boylan said.

THE JUDGE ORDERED US TO DO WHAT WE WERE WILLING TO DO. WE’RE WILLING TO RELEASE PUBLIC RECORDS

Sacramento City Attorney James Sanchez, following Chang’s ruling

Chang, however, said Stevenson must file a new public records request for city-stored emails pertaining to city pension and retirement; Measures Q and R (the failed ballot initiatives that would have raised the sales tax to help pay for a downtown arena); and so-called “release time” – the on-job time city employees can dedicate to union and other activities.

City attorneys argued that the requests were an effort to dictate how the city retains its information and repeated its June argument that the plaintiffs’ requests were overly broad and too heavy a burden for city staff to meet. They also said emails needed to be culled from the present system before others are migrated into a new system in a process to proceed as early as August.

During the hearing, city attorneys did not indicate how long it would take to fulfill the request.

“It’s going to take us to 2030” to fulfill the email requests, Supervising Deputy City Attorney Gustavo Martinez said during the hearing, “because we have to review them all. The fact that we’ve offered 15 million (emails) is amazing. I don’t know of a city that’s done that.”

“The petitioners want to dictate the policy of the city of Sacramento,” Martinez continued. “We can’t allow two people to stop, halt and interfere with the affairs of the city. ”

But Boylan argued that the records request was not an attack on city policy, but an assertion of his plaintiffs’ right to review the emails.

“There is no greater denial of a record than destroying it before someone can see it,” Boylan told Chang. “Public records are the public’s property. We want access to as many records as possible.”

Darrell Smith: 916-321-1040@dvaughnsmith

 

 

 

 

Press Conference On Suit to Halt City of Sacramento’s Mass Deletion of City E-mails

MEDIA RELEASE

Date/Time: July 23, 2015; 11:00 a.m.
Contacts: Erik Smitt, Policy Director,
Eye on Sacramento
E-mail: erik@eyeonsacramento.org
Phone: (916) 215-2275

Paul Nicholas Boylan, Attorney,
E-mail: PNBoylan@gmail.com
Phone: (530) 297-7184

Eye on Sacramento Holds Press Conference at County Courthouse

On Suit to Halt City of Sacramento’s Mass Deletion of City E-mails

At a press conference today, Eye On Sacramento, a member of the growing community coalition advocating for robust ethics, transparency and redistricting reform of City government, provided  updates on the lawsuit against the City of Sacramento to enforce the California Public Records Act (CPRA) to prevent the City from deleting over 50 million emails that form an irreplaceable part of the public record.

A Temporary Restraining Order (TRO) was granted by the Honorable Judge Shelleyanne W. L. Chang on July 7, which restrained the City from destroying these emails on Wednesday, July 8, as the City had planned.

The hearing for the Permanent Injunction will take place at the Gordon D. Schaber Sacramento County Courthouse, 720 9th Street, Sacramento, tomorrow, Friday, July 24, 2:30 pm, Department 24, the Honorable Judge Shelleyanne W. L. Chang presiding.

The Petitioners are asking Judge Chang to issue a Permanent Injunction preventing the City from erasing the public record and destroying the emails the petitioners want to access.  If the City destroys these emails, the public’s constitutional right to access these emails will be irrevocably injured and the City will be in violation of the California Public Records Act.

The Petitioners in the lawsuit are Richard Stevenson, a member of Eye on Sacramento, and Katy Grimes, Journalist.  Both Petitioners have filed formal requests to access emails the City intends on destroying and are suing the City under the CPRA to enforce their rights to gain access to these records.  The Petitioners, through attorney Paul Boylan, have made tireless efforts to reach an agreement with the City Attorney; those efforts have failed.

Since the TRO, Eye on Sacramento has contacted several City Council-members to resolve the issues through the enactment of new City policies that would mandate that City officials preserve City e-mails. Councilmembers will not speak with EOS on the advice of the City Attorney.

“It is clear that the City’s issues with e-mail storage space are a mere front for the objective of erasing history and covering up the past.” Erik Smitt, Policy Director.

“Eye on Sacramento is focused on transparency and citizen access to all mechanisms of government.  Deletion of public records is contrary to the principles of open government and the public’s right to know.” Erik Smitt, Policy Director.

Concurrently with the press conference, Paul Boylan, attorney for the petitioners in the case, issued the following statement: “The discussions I have had with the City have been productive, but only up to a point that is far short of resolving this conflict.  I am left with the impression that the City’s only goal is to destroy as many emails as possible and is gaming the system to achieve that goal.  The City’s goal should be preservation of public records. Thus far, the City has demonstrated no pressing need to destroy anything.”

Open Government … transparent, responsive, accountable!

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Restraining Order Against City Of Sacramento Delays Email Deletion

Capital Public Radio

Capital Public Radio

 

A judge has issued a temporary restraining order barring the City of Sacramento from deleting its old emails for 22 days. The city had planned to begin deletions Wednesday.

Richard Stevenson filed a Public Records Act request to see all of the emails and sued to preserve them.

A Sacramento County Superior Court judge granted the restraining order but says Stevenson must narrow his request by 10 a.m. Wednesday.

Stevenson says he’s pleased with the restraining order and hopes it provides enough time for the city council to change the city’s email deletion policy.

“It gives a chance for the city council, which returns on the fourteenth,” says Stevenson. “See, this came up when the city clerk’s boss, the city council, was in recess, which means there was no chance to appeal to the council.”

Stevenson and a second plaintiff say they will attempt to provide the city with a gift of storage so that it can preserve all emails dating back to 1997.

The city attorney’s office could not say if there is no legal reason the city could not accept or use such a gift.

Bob Moffitt

Sacramento Region Reporter

Bob is the Sacramento Region Reporter. He has been at the forefront of the coverage of the Sacramento Kings’ saga and the effort to build a new arena in Sacramento. He also covers education, business, environment, and sports stories.

Lawsuit to Enforce the California Public Records Act (CPRA)

MEDIA RELEASE

July 6, 2015

Contact:

Erik Smitt, Policy Director, 916-215-2275, Erik@ eyeonsacramento.org

Paul Nicholas Boylan, Attorney, 530-297-7184, PNBoylan@gmail.com

In a press release today Eye On Sacramento, a member of the community coalition advocating for robust ethics, transparency and redistricting reform of City government, notifies the press that a lawsuit has been filed with the Sacramento County Superior Court seeking to enforce the California Public Records Act (CPRA), and an application has been made for a Temporary Restraining Order (TRO) to prevent the City of Sacramento from deleting emails that form a critical, irreplaceable part of the public record.

If the application for a TRO is denied, the City will destroy these emails on Wednesday, July 8.

The hearing for the TRO will take place at the Gordon D. Schaber Sacramento County Courthouse, 720 9th Street, Sacramento, on July 7, 2:30 pm, Department 24, the Honorable Judge Shelleyanne W. L. Chang presiding.

Plaintiffs in the lawsuit are Richard Stevenson, member of Eye On Sacramento and Katy Grimes, Journalist.  Both Plaintiffs have made formal requests to access to emails the City intends on destroying on July 8 and are suing the City under the CPRA to enforce their rights to gain access to these records.

Plaintiffs are asking Judge Chang to issue a TRO preventing the City from destroying the emails Plaintiffs want to access because, if the City destroys these emails, the lawsuit will be rendered moot and Plaintiffs’ – and the public’s – constitutional right to access these emails will be irrevocably injured.

“My clients understand the City’s desire to manage the City’s email archive,” said Paul Nicholas Boylan, the attorney representing the plaintiffs in the CPRA enforcement lawsuit. “But the City’s interest can’t violate the public’s fundamental right to access public records. The City’s plan to destroy these emails after my clients have asked to see them is like a librarian burning down an entire library because a member of the public has asked to check out  and read one book,” Boylan said. “It is unthinkable that this might actually happen.”

As noted in news reports of an ongoing trial in Sacramento Superior Court, public officials have deleted records even after legal notifications to preserve those same records.  Eye On Sacramento supports Richard Stevenson and Katy Grimes in their lawsuit to enforce the California Public Records Act and their application for a restraining order to prevent the City of Sacramento from destroying public records.

“Eye On Sacramento is focused on transparency and citizen access to all mechanisms of government.  Deletion of public records is contrary to the principles of Open Government and the public’s right to know.” Erik Smitt, Policy Director.

Open Government … transparent, responsive, accountable!

 

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Stunning Revelations in Fraud Lawsuit Against City of Sacramento on Arena Deal

Sacramento attorneys Patrick Soluri and Jeffrey Anderson released this media release today, February 7, 2014, concerning stunning evidence they have uncovered in their fraud and illegal-gift-of-public-funds lawsuit against city officials, principally arising from depositions they’ve recently taken of Sacramento city councilmember Kevin McCarty and Sacramento’s director of economic development, Jim Rhinehart:

View/Download the Media Release Here

Why I Sued the City … Fair elections matter in Sacramento

The folks who volunteer with the local government watchdog group I head up, Eye on Sacramento, spend most of their time examining and then trying to illuminate the behavior of city government that should be of concern to the public. They also spend time studying troubling city problems and suggesting sensible solutions to  them. For example, this past spring we began a transparency project that drafted 10 reforms that would make city government more open to citizens if adopted by the city council.  This month, we are forming a city pools task force of community members, pool industry experts and others who will try to hammer out solutions to keep city pools open permanently.

But our core job is to act as a watchdog of city government and barking loudly when things go amiss.  Barking is usually enough, but on rare occasions, a good watchdog really has to do more than bark. It has to bite. Recently, Eye on Sacramento bit back, suing the city to prevent an injustice that threatens to keep city voters from seeing a ballot argument opposing Measure U, the city council’s proposal to increase city taxes by one half of 1 percent.  read more …

Petition for Writ of Mandate – City of Sacramento Measure U – Tax Increase

VERIFIED PETITION FOR WRIT OF MANDATE

Exhibit A – Argument Against Measure U

DECLARATION OF CRAIG K. POWELL IN SUPPORT OF VERIFIED PETITION FOR WRIT OF MANDATE

Exhibit Powell-1 Mayor to write argument against Sacramento sales tax hike

Exhibit Powell-2 Selection of Argument Authors …

Exhibit Powell-3 Mayor Johnson’s Ballot Argument Against Measure U

Exhibit Powell-4 Mayor Johnson fails to write argument against tax measure

DECLARATION OF DENNIS NEUFELD IN SUPPORT OF VERIFIED PETITION FOR WRIT OF MANDATE

Exhibit Neufeld-1 E-mail from Dennis Neufeld

Exhibit Neufeld-2 E-mail exchanges between Dennis Neufeld and Assistant City Clerk Stephanie Mizuno