Hollister Free Lance

10/14/03

Public records case set for Nov. 3 trial

By Kollin Kosmicki

A case involving a man suing San Benito County for access to public records will go to trial Nov. 3.

The lawsuit, filed by Pacific Grove resident Gary Baley in May, claims the county's new method of making records public over the Internet restricts dissemination of those documents. The two sides had attempted to settle out of court, but those talks recently stalled, according to Baley and county officials.

"The bottom line, the county and plaintiff (Baley) were not able to come to an agreement on a resolution," County Counsel Karen Forcum said Monday.

Neither Baley nor his lawyer returned phone calls Monday. Baley has, however, recently expressed frustration to the Free Lance over the closed-door negotiations, which lasted for only a month. He says the county's method of divulging its records violates the California Public Records Act.

The county's Recorder's Office changed its policy in September 2003. For a $500 a month subscription fee, records can be accessed from a Web site. Baley says that form of publication not only allows opportunities to tamper with the files, but he is also against paying a fee for the documents.

The company of which Baley is president - Abstract Information Services - circulates 25 different types of county records of San Benito, Monterey and Santa Cruz counties in a publication. The new system, Baley says, has hurt the company's business since the change.