Eye on Sacramento Releases Package of Proposed City Reforms

MEDIA RELEASE

For Immediate Release
Release Date/Time: September 2, 2015; 10:15 a.m.
Contact: Craig Powell, President, Eye on Sacramento
E-mail: craig@eyeonsacramento.org
Phone: (916) 718-3030

Erik Smitt, EOS Policy Director
E-mail: erik@eyeonsacramento.org
Phone: (916) 215-2275

Restoring Accountability:

Eye on Sacramento Releases Package of Proposed

City Ethics, Transparency and Redistricting Reforms

At a press conference this morning, local government watchdog group Eye on Sacramento (EOS) presented a package of ethics, transparency and redistricting reforms proposals for the City of Sacramento.

“The reform proposals we are releasing today are the culmination of ten very well-attended public forums held in every part of Sacramento earlier this year, followed by three months of extensive research and careful deliberation by our numerous volunteers and study groups, “said EOS president Craig Powell.  “These reforms are designed to make Sacramento the most open, transparent and ethically accountable municipal government in California and to help restore citizens’ trust in their city government.  It’s a package in which we, as citizens and residents of Sacramento, can take real pride,” Powell added.

The package includes summaries of each of the “Four Pillars of Reform:”

(1) A cutting edge Sunshine Ordinance that will make it easier for residents to participate, and have a more effective role, in City decision-making and will open up City government records and data to public review and media scrutiny to the greatest extent practicable;

(2) An Ethics Code that will set minimal standards of ethical conduct expected of our city officials;

(3) An independent and empowered Ethics Commission that will have the means and authority to hold public officials accountable for misconduct and to exonerate them whenever they’re subjected to unsubstantiated claims, through the application of rules that will provide strong due process protections; and

(4) An independent citizens Redistricting Commission that will, at long last, bring an end to the unhealthy and undemocratic practice of councilmembers drawing their own council district lines (aka picking their own voters) and shift that power to a panel of citizens who will have final authority to draw council district boundaries.

Also presented was a 12-page “Summary of Public Comment” (copy attached), that recaps the numerous comments received from the public at our Kick-Off Forum in February, our seven District Forums and our final Work Shop Forum at the Clunie Clubhouse on May 17th.  The forums were jointly sponsored by EOS and the League of Women Voters, as well as 23 co-sponsoring community organizations.

Public Disclosure of Proposals Before Closed-Door Negotiations With City Officials

“Representatives of our reform effort are expecting to meet within the next few days with city officials in closed door meetings to discuss our reform proposals in detail, to explore common ground and to, hopefully, reach agreement on the adoption/endorsement of a set of reforms that are mutually acceptable to all parties,” Powell said.

“Before our representatives go behind closed doors to negotiate these proposals, however, we feel we have an obligation to first release our reform proposals to our forum attendees, our supporters, the media and the public at large,” Powell added.  “The public deserves to know exactly where we stand at the beginning of these negotiations so that they can assess where we end up at the end of them,” Powell concluded.

Plan B: A Ballot Initiative

“We’re pursuing these reforms on two different, but parallel, tracks.  Given the significant time and effort it takes to qualify an initiative for the November 2016 general election ballot, we’re entering into negotiations with city officials in pursuit of a mutual agreement while we’re concurrently taking the steps necessary to qualify our reform proposals for the November 2016 ballot,” said Powell.  “It is our great preference that we reach an acceptable agreement with city officials, but we’re doing the necessary ground work to bring our reform proposals before Sacramento voters in November 2016,” Powell added.

“Given the growing number of claims asserted against councilmembers, the city auditor’s recent finding of nepotism in the Department of Utilities, the city’s efforts this year to mass delete 85 million e-mails, the alleged use of city staff and resources for political purposes and the shrouding of city e-mails via the use of private e-mail accounts, the need to establish accountability in city government through effective ethics, transparency and redistricting reforms is acute,” Powell concluded.

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To view/download a copy of the Media Release click here
To view/download a copy of the Sunshine Ordinance Summary click here
To view/download a copy of the Ethics Code Summary click here
To view/download a copy of the Ethics Commission Summary click here
To view/download a copy of the Redistricting Commission Summary click here
To view/download a copy of the 12-page “Summary of Public Comment” click here

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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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

Sacramento Voters Were Right to Reject Streetcar Tax

Streetcar ballot measure was flawed

Voters were not ‘naysayers,’ but exercising their rights

 BY JEAN FLEURY

Eye On Sacramento calls for Moratorium on deletion of City of Sacramento e-mails … in the news …

Press coverage of the Eye On Sacramento press conference regarding City of Sacramento e-mail deletion.

City of Sacramento to delete old emails News 10 ABC

Group Asks City To Delay Deleting Emails  Capital Public Radio

Don’t rush into email purge  Sacramento Bee

Sacramento City to Delete All its Emails  KFBK News Radio

City Ethics and Transparency Reform Project

Sign the petition to the City of Sacramento, 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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City of Sacramento Departmental Directory

EOS posts the updated directory for the City of Sacramento Departments.  A link also runs at the top left of the EOS home page.