Red Bluff Daily News

10/9/03

Red Bluff releases portions of agreement ordered by judge
City says it will continue to protect privacy; DN's lawyer 'surprised'released details were initially redacted

By Barbara Beal
DN News Editor

In accordance with a judge's order, the City of Red Bluff released Tuesday an additional portion of its retirement agreement with the former police chief.

Judge John K. Letton, a retired Trinity County Superior Court judge, ordered last week in Tehama County Superior Court that the city release one of three withheld paragraphs and a part of another in its retirement agreement with former chief Robert Petitt.

"The City of Red Bluff will continue to uphold federal, state and local laws and requirements regarding the privacy and Constitutional rights of all of our current and former employees, especially those privacy rights afforded law enforcement personnel unless otherwise directed by a court of law," City Manager Susan Price said Tuesday.

The Daily News sued the city and Price after the city refused its request under the Public Records Act to release the entire agreement. Petitt was joined to the lawsuit by a judge's order after a demurrer by the city saying that the former chief had a material interest in the lawsuit as it affected
his privacy rights.

The city and Petitt contended that the release of the entire document would violate Petitt's personnel privacy rights and his confidentiality privilege as a former law enforcement officer.

"After reviewing the material that has been released, I am surprised it was redacted in the first place. There was absolutely no legal argument under which that material could have been redacted," said Daily News attorney Rachel Matteo-Boehm of the San Francisco firm, Steinhart & Falconer LLP.

The released paragraph is headed Confidentiality Agreement. It provides that except as otherwise required by law, the agreement will be confidential and not disclosed to any third person or party. Any breach of confidentiality will be considered a material breach of the agreement.

The paragraph also said that a statement that was to be read at the city council meeting and a press release were the only public statements to be made regarding the agreement and the circumstances of Petitt's resignation.

Two sentences of another paragraph under the heading Termination of Employment have also been ordered released. These say that Petitt's employment will be terminated March 7 and that Petitt agrees he will not apply again for employment with the city. Two sentences in that paragraph
remain withheld.

The third paragraph, including its heading, remains withheld.
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