Announcing: Partner Kathleen N. Mastagni Storm Appointed to Wildlife Technology Research and Development Review Advisory Board

    Congratulations to Mastagni Holstedt A.P.C. Partner, Kathleen N. Mastagni Storm, who was appointed as an Advisory Board Member for the Wildlife Technology Research and Development Review Advisory Board by California Assembly Member, Robert Rivas, who represents District 29. 

    Established in 2021 by California Senate Bill 109, the Office of Wildfire Technology Research and Development ("OWTRD") serves as the central organizing axis within the Department of Forestry and Fire Protection to study, test, and advise regarding procurement of emerging technologies and tools to more effectively prevent and suppress wildfires within the State. 

    The Advisory Board is tasked with reviewing the Office and serving OWTRD as an advisory entity. The Board is made up of nine members, including representatives from state agencies, the fire service, academia, and other stakeholders. 

    Following her appointment to the Board, Kathleen shares: 

"For twenty years, I've fought to protect and empower California firefighters and first responders who risk everything to keep our communities safe. This role allows me to continue that commitment by helping advance innovative technologies that will make their work safer, more effective, and ultimately save more lives—it’s a privilege to give back in this meaningful way." 

    At Mastagni Holstedt A.P.C., Ms. Mastagni Storm dedicates her practice to labor and employment law, with a focus on representing public safety professionals, including firefighters and first responders. As an attorney who has dedicated her career to representing first responders, she brings a uniquely informed legal and practical perspective to her appointment. Her firsthand experience advocating for emergency personnel has given her a deep understanding of the operational realities they face and the critical importance of effective equipment and resources. The Firm congratulates her on this well-deserved honor and looks forward to her continued contributions! 

 

California Supreme Court Clarifies Limits on Declaratory Relief and Records Preservation Under the California Public Records Act

 A recent decision from the California Supreme Court offers important guidance for public safety agencies and the officers they employ regarding obligations under the California Public Records Act (CPRA). In City of Gilroy v. Superior Court (2026) __ Cal.5th __, the Court addressed whether declaratory relief remains available after all nonexempt records have been produced and whether agencies must preserve records they have properly withheld as exempt while a request is pending.

The case arose from requests by a nonprofit legal services organization for Gilroy Police Department body-worn camera footage related to homeless encampment cleanups. The City withheld certain footage under the investigatory records exemption, produced other responsive nonexempt material, and ultimately followed its standard one-year retention policy for routine body-camera video. Some older footage had already been automatically deleted before the requests specifically identified body-camera video as the target.

The Supreme Court held that declaratory relief is available under the Public Records Act to address an agency’s past conduct in responding to a request, even when the matter would otherwise appear moot because all existing nonexempt records have been disclosed. Such relief serves the CPRA's purpose of clarifying rights and obligations and deterring future violations that could affect public access.

At the same time, the Court unanimously affirmed that the CPRA imposes no independent duty on agencies to preserve records they have claimed are exempt from disclosure. The Act is a disclosure statute, not a records-retention statute. Agencies remain free to follow applicable retention schedules established by statute or local policy, including the one-year retention period commonly applied to routine body-worn camera footage that is not evidentiary. The Court rejected arguments that a three-year preservation obligation should be read into the CPRA based on the general statute of limitations.

This ruling carries direct practical significance for public safety employees and the agencies that represent them. Body-worn camera footage, drone surveillance video, and other recordings frequently contain sensitive information about officers, tactics, or members of the public. When such material is properly withheld under an exemption, such as the investigatory exemption or Pitchess, the agency is not required to retain it indefinitely simply because a Public Records Act request has been received. Routine destruction in accordance with law does not, by itself, violate the Act.

The decision may also provide for declaratory relief to determined disputed interpretations of CPRA disclosures that affect employee organizations or their members, such as disputes over the scope and interpretation of disputed disclosures under Senate Bill 1421 and related statutes governing peace officer records. Under this decision, disputes over past disclosed can potentially be adjudicated to obtain prospective determinations affecting future requests. Agencies may continue to apply deletion policies with confidence that compliance with statutory retention periods will not expose them to liability under the Public Records Act for records properly claimed as exempt.

As always, each Public Records Act request and retention decision must be evaluated on its specific facts. Officers or agencies facing novel or aggressive requests for personnel-related materials, body-camera footage, or drone surveillance video are encouraged to consult experienced counsel promptly to ensure both compliance with disclosure obligations and protection of legitimate privacy interests.