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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Implement a six month moratorium on deletion of any emails at the City of Sacramento.

Sign the petition to the City of Sacramento

The City of Sacramento plans to start deleting emails.  These are a record of City actions and the source of information to the public under the Public Records Act.

Once the emails are destroyed, there will be no evidence.

Eye On Sacramento needs time to prepare an Open Government project to pull back the curtain on City secrecy.

Sign here

Lawsuit Filed in Sacramento County Superior Court to Enforce the California Public Records Act

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, President of the Sacramento Taxpayer’s Association. 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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Katy Grimes Piece on Measure L, Sac County GOP and our EOS Report

Here’s a revealing article by Katy Grimes on Measure L and the coopting of the Sac county GOP.

Local ‘Thought Leaders’ Bamboozle Sac GOP on Measure L

Craig Powell – Debate with Joshua Wood hosted by Capital Public Radio’s Insight with Beth Ruyak – Dec 10, 2013

Capital Public Radio – Insight

Arena Ballot Initiative Signature drives for and against a proposed Sacramento Entertainment and Sports Complex are coming to a close Tuesday. Sacramento Taxpayers Opposed to Pork (STOP) opposes the new ESC and needs 22,000 signatures to put public financing of the project to a citywide vote. STOP says it could turn in as many as 40,000 valid signatures. Meanwhile, DowntownArena.org, which supports a new sports complex at the K Street Mall, says STOP used misleading information to collect signatures for the ballot initiative and has collected 15,000 signature withdrawal forms that would null some of the 40,000 signatures STOP has collected.

Guests:
Craig Powell, President of Eye on Sacramento
Joshua Wood, Executive Director of DowntownArena.org
Arena Debate schedule 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