CPRA May Grant Access to Personnel Records When There is a Strong Public Interest in Disclosure

In Caldecott v. Superior Court of Orange County, the Fourth Appellate District found records associated with a personnel complaint were subject to disclosure under the California Public Records Act ("CPRA"). The court also found an employee's motivation for requesting the documents was irrelevant. Also, whether or not the employee already had the documents was irrelevant.

Caldecott involved a former Newport-Mesa Unified School District employee's request for documents associated with a personnel complaint. John Caldecott worked as an Executive Director of Human Resources. He filed a personnel complaint against District superintendent Fred Navarro. Caldecott alleged Navarro created a hostile work environment and committed misconduct in regards to employee salaries. The District did not take any official action against Navarro, finding Caldecott's allegations unsubstantiated. Subsequently, the District fired Caldecott without cause. Caldecott alleged he was fired in retaliation for filing a complaint against Navarro.

Caldecott requested documents under the CPRA that were associated with his complaint against Navarro. Caldecott requested copies of the District's response to his complaint, and an e-mail Caldecott sent to the District's board regarding the response. Caldecott already had the documents, but he wanted the freedom to publicly disclose the documents without fear of liability. The District denied Caldecott's request claiming disclosure would cause an invasion of personal privacy. The District also denied his request because of "the potential impact of an unjustified accusation on the reputation of an innocent public employee."

The Court of Appeal ruled the documents were subject to disclosure under the CPRA. Caldecott's motivation behind his request and the fact that he already had the documents were irrelevant. Rather, the court weighed the potential harm to Navarro's privacy interests against the public's interest in disclosure. The court found a strong public interest in judging how Navarro responded to Caldecott's claims, especially in light of Caldecott's termination without cause. The court also found a strong public interest in assessing how the District's elected board treated the serious misconduct allegations against its highest ranking administrator. The court awarded Caldecott attorneys fees and costs for successfully challenging the denial of a CPRA request.

This case did not concern the confidentiality of peace officer personnel records. Penal Code section 832.7 creates additional protections for peace officer and correctional officer records.

Mastagni Holstedt, APC Files Amicus Brief at California Supreme Court

Mastagni Holstedt, APC attorneys filed an amicus brief with the California Supreme Court about the application of the California Public Records Act (“CPRA”). The CPRA defines the electronic communications of public officials as public documents. Therefore, any public citizen may acquire the electronic communications of public officials through an information request.

The California Court of Appeal for the Sixth District held when a public official sends an electronic communication using a personal cell phone or e-mail account, those documents are not public records. In its brief, Mastagni Holstedt argues the ruling is incorrect and explains some of the unintended consequences to labor associations. The ruling allows public officials to do business behind closed doors, circumventing the purpose of the CPRA. Furthermore, it prevents public unions and other entities from holding public officials accountable by limiting their access to information.

Mastagni Holstedt, APC filed the brief to bring important legal arguments to the Court’s attention, ensuring the rights of employee organizations are protected. Mastagni Holstedt attorneys David E. Mastagni, Isaac S. Stevens, and Jeffrey R. A. Edwards represent the amici in the matter.

California Supreme Court Rules CPRA Requires "Particularized Showing" to Prevent Disclosure of Officers' Names After Shooting

On May 29, 2014 in Long Beach Police Officers Association v. City of Long Beach, the California Supreme Court held the California Public Records Act ("CPRA") requires a "particularized showing" of officer safety concerns to prevent disclosure of an officer's name after a shooting.  In this case, the Court found "vaguely worded declarations" and "general assertions" about officer safety risks was not enough to prevent disclosure.

On December 12, 2010, officers responded to a call about an intoxicated man brandishing a "six-shooter."  When officers arrived, the man pointed an object at them resembling a gun.  The officers opened fire and the man died.  It turned out the object he pointed at officers was a garden hose spray nozzle with a pistol grip.  A few days later, a reporter from the L.A. Times submitted a CPRA request for the names of the officers involved in the shooting, and the names of all officers involved in shootings from January 1, 2005 to December 11, 2010. 

CPRA section 6254 subsection (c) exempts from disclosure personnel or similar files if disclosure "would constitute an unwarranted invasion of personal privacy."  The Court refused to apply a blanket rule preventing disclosure of officers' names after a shooting in every circumstance.  Instead, the Court emphasized the public's interest in the conduct of its peace officers.  To overcome the public's interest and prevent disclosure, the City of Long Beach ("City") and the Long Beach Police Officers' Association ("Association") had to show disclosure would cause an unwarranted invasion of the officers' personal privacy. 

A particularized risk or threat to the officers' safety or their family's safety exempts officers' names from disclosure under the CPRA.  The Court stated "Of course, if it is essential to protect an officer's anonymity for safety reasons or for reasons peculiar to the officer's duties - as, for example, in the case of an undercover officer - then the public interest in disclosure of the officer's name may need to give way."  While the Association and the City submitted declarations describing the possibility of gang retaliation against officers involved in shootings with gang members, in the Court's opinion, the concerns were "general in nature."  The Court was quick to point out "We do not hold that the names of officers involved in shootings have to be disclosed in every case, regardless of the circumstances.  We merely conclude...that the particularized showing necessary to outweigh the public's interest in disclosure was not made here..." 

Justice Ming W. Chin disagreed with the majority's ruling and wrote a lengthy dissenting opinion.  In his view, the Association and the City presented ample evidence of the safety threat faced by police officers after a shooting.  He argued the City and the Association established officers' names should  be exempt from disclosure under the CPRA.  He concluded by stating courts should allow law enforcement agencies to protect their officers, because "They deserve at least that much for their brave service."

Court of Appeal Rules CPRA Does Not Require Public Agencies to Disclose Officials’ Communications on Personal Accounts

On March 27, 2014, the California Court of Appeal held the California Public Records Act (CPRA) does not require public agencies to disclose officials’ communications about public business on personal email and cell phone accounts.  The Court held communications stored solely on private accounts are outside the reach of public records requests under the CPRA.   It is becoming increasingly common for public officials to conduct public business using private accounts.  While members of the public may seek disclosure of officials’ voicemails, text messages, and emails stored on public agencies’ accounts, communications on private accounts are protected from CPRA requests.

In June of 2009, Ted Smith requested, “voicemails, emails or text messages” on personal electronic devices about “matters concerning the City of San Jose” on private electronic devices owned by Mayor Chuck Reed, members of the City Council, and their staff.  The City agreed to produce records stored on its servers and those to or from private devices using City accounts, but refused to provide communications stored solely on personal accounts.  Smith responded by filing a lawsuit in Santa Clara County Superior Court.  The Superior Court sided with Smith and granted his request. 

The Court of Appeal overruled the Superior Court in favor of the City.  The Court found officials’ communications stored solely on personal devices don’t fall within reach of CPRA requests because they are not “owned, used, or retained” by the public agency.  The Court acknowledged public policy concerns of the public’s right to know versus the burden on the agency to provide the information.  However, the Court determined the Legislature is better suited to make such public policy decisions.  

The Court acknowledged public agencies have the right to create its own rules for disclosure of communications related to public business.  In fact, the City of San Jose adopted a resolution addressing this very issue after Smith filed his lawsuit.  Resolution No. 75293 was adopted on March 2, 2010.  The resolution revises City Council Policy 0-33 and allows public access to all communications of the mayor, City Council members, or their staff, regarding public business on private devices.  Mayor Chuck Reed himself signed the resolution.  However, the Court stated that the resolution was not relevant to the Court’s interpretation of the CPRA.

The full court opinion is posted here.

AB 76 Guts Local Labor Associations' Access to Public Records

AB 76 makes key provisions of the California Public Records Act optional for local governments.  Among the provisions that would be optional under the new law are the requirements local agencies respond to public records requests within 10 days and provide requestor’s with electronic versions of public records.  These provisions are critical to labor associations who need prompt responses to public records requests, especially during contract negotiations.  The Assembly and Senate passed the bill, which contains other provisions related to the budget.  It is currently on the Governor’s desk awaiting signature. 

Since the provisions received significant attention earlier this week, Assembly Speaker John Perez promised to pass a replacement bill that leave the Public Records Act intact.  However, it looks like the State Senate will not act on his replacement bill.  Senate President Pro Tem Darryl Steinberg announced today the Senate won’t take up Perez’s bill, noting the changes to the Public Records Act are designed to save money, not stifle access to records.  That’s because if the provisions are mandatory, the State has to reimburse local governments for compliance, but if its optional, the State doesn’t have to reimburse them.  While local labor associations have other access to records under the MMBA and state labor laws, unlike the MMBA, the CPRA has a powerful enforcement mechanism giving associations teeth when they have to force an employer to turn over public records.