San Diegans for Open Government has filed a lawsuit against the San Diego Unified School District for its plan to automatically delete e-mail and other electronic records earlier than the law allows, and for not turning over a copy of electronic records slated for early destruction.
Read the lawsuit: Complaint.
Today San Diegans for Open Government sued the City of San Diego because the City refused to turn over a copy of the June 15, 2017 City Attorney Report cited in recent letters by attorney Christopher Garrett of Latham & Watkins, the law firm representing FS Investors on Soccer City.
You can read the lawsuit here: Complaint_FINAL_Signed_Redacted.
Recently San Diego Unified School District announced that on July 1, 2017, it will begin deleting e-mail messages that are more than six months old. SDOG believes that it would be illegal for the District to destroy the e-mail messages so soon and will be sending a cease-and-desist letter shortly.
In the meantime, SDOG has asked the District for all e-mail messages that are on the block to be deleted. You can read the request here: 2017-06-16_CPRA_Request_ALL.
Today San Diegans for Open Government sued Poway Unified School District and three members of its governing board for violating the state’s open-meeting law, the Ralph M. Brown Act, in hiring Dr. Marian Kim-Phelps as the new superintendent last month.
Following the City of Bell corruption scandal several years back, the state legislature amended the Brown Act to limit what a local agency’s governing body could do privately, at meetings from which members of the public and the press are excluded, when hiring high-level officials and setting their compensation.
PUSD and three of its board members are accused of secretly agreeing on the terms of employment for the new superintendent, including her compensation, and using intermediaries to reach a final agreement with her before giving the public an opportunity to comment on the agreement. According to the lawsuit, more than one press release announcing the new appointment was created before PUSD’s governing board ever held a scheduled vote on the appointment, and one of these press releases was written by the new superintendent herself.
You can read the lawsuit here: PUSD_Complaint.
Update: On August 21, SDOG filed its opposition to the defendants’ anti-SLAPP motion. You can read that opposition here: SDOG Anti-SLAPP_Opp_Compressed.
On February 1, 2017, San Diegans for Open Government (SDOG) sued the East Village Association, Inc. (EVA), a non-profit that runs the business improvement district in the East Village neighborhood of downtown San Diego, for not turning over public records.
On January 24, SDOG accused EVA’s board of directors of illegally hiring an interim executive director or interim board liaison in secret on January 20. SDOG also asked for all communications between EVA board members and the person hired during the secret meeting. EVA responded by denying the existence of any such communications.
SDOG alleges in its complaint that on January 24 “a person whose initials are B. H. e-mailed members of EVA’s board of directors to thank them for the opportunity to serve them and expressing excitement to begin working for them and appreciation for ‘giving me a chance.'”
You can read the lawsuit here: complaint.
On May 10, 2016, the San Diego County Superior Court ordered the League of California Cities to disclose portions of nearly 175 e-mail communications, rejecting claims by the League and San Diego City Attorney Jan Goldsmith that those items should remain secret due to attorney-client privilege and attorney work-product. The court gave the League 20 days to disclose the items. You can read the ruling here: WordPress_2016-05-10_Minute Order.