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


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

Paul Nicholas Boylan, Attorney,
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!