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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