Daily News, Red Bluff

9/30/03

Judge orders part of redacted Petitt agreement released

By BARBARA BEAL

The Daily News won additional disclosures in a ruling Monday in Tehama County Superior Court over the release of a retirement agreement between the
city and the former police chief.

Judge John K. Letton, a retired Trinity Superior Court judge, ruled that of three paragraphs redacted by the city in its retirement agreement with former Chief Robert Petitt, one should be fully disclosed, one partially disclosed and one remain redacted.

Letton said the order would take effect at 8 a.m. Oct. 7 in order to allow the attorneys time to consult with their clients over a possible appeal.

"The city feels fully vindicated in that the provisions most directly implicating Petitt's privacy rights that the court has agreed those provisions should not be disclosed," said Red Bluff city attorney Richard Crabtree of Chico after the ruling.

Ronald Scholar of Angelo, Kilday and Kilduff in Sacramento had argued the city's case, saying that the petition was elevating form over substance and
that the agreement was "not an all-or-nothing proposition."

Crabtree said he doubted the city would appeal.

Daily News attorney Rachel Matteo-Boehm of Steinhart & Falconer LLP in San Francisco said she would have to consult with her client.

Litton ruled that of the three redacted paragraphs the following should be released:

• "Under the subject matter heading, 'Termination of Employment', the third and fourth sentences shall be disclosed with the first and second sentences
  remaining redacted.
• "Under the heading, 'Confidentiality Agreement', all four sentences shall be released in their entirety.
• "The third paragraph shall remain redacted, including its subject matter
  heading."

The Daily News had sued the City of Red Bluff and City Manager Susan Price after the city refused a Public Records Act request to release the complete
agreement because of personnel privacy laws and peace officerconfidentiality privilege.

Petitt had been joined to the action after the city filed a demurrer saying that the outcome of the lawsuit would affect Petitt's privacy rights guaranteed by the Constitution as well as his confidentiality privilege in his police officer personnel records.

Petitt, who was represented by James A. Wyatt of Redding in a conference call, also contended that the agreement was not an employment contract and
that it included a confidentiality provision.

Matteo-Boehm argued that the retirement agreement was an employment contract and that a confidentiality provision did not make it exempt from disclosure.