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Federal judge holds 5 reporters in contempt, fines each $500/day, in closely-watched national security case

(CFAC 8/19/04) -- Judge Penfield Jackson’s ruling yesterday, in a suit brought by Wen Ho Lee, a former nuclear weapons scientist once suspected of spying for the Chinese government, is the latest in a series of cases involving enforcement of subpoenas against reporters for confidential sources and other information in high-profile stories on national security matters.

The contempt ruling applies to reporters James Risen and Jeff Gerth of The New York Times; Robert Drogin of the Los Angeles Times; Pierre Thomas of ABC, who was at CNN when the stories were done, and Associated Press reporter H. Josef Hebert. The judge ruled that any protection afforded the reporters under the First Amendment was trumped by Lee’s need for evidence in his suit charging that the federal government, through leaks to the press in the late 1990s, violated his privacy. (Read the story)

Hotline Questions & Answers

E-mails to CFAC’s Hotline legal consultation service this week covered such topics as: allocation of time for comments in public meetings, confidentiality agreements entered into by government agencies, and permissible fees for copying documents.

The answers are given by lawyers at Piper Rudnick, CFAC’s general counsel. Have a question for the Hotline service? Go to our website, www.cfac.org, and click on “Legal Hotline.”

Confidentiality agreement

Q: I am a director of a non-profit environmental organization. We have had numerous legal victories. I want to know if I can upload the publicly accessible court and legislative abstracts for these cases and the corresponding county ordinances and state laws. Additionally, I want to upload to our website a settlement agreement to which we are not a party — and which has a confidentiality clause binding the county to nondisclosure. A copy of this document was leaked to our organization. It is important to residents of our county. (Read the answer)

Time for Public Comment

Q. At a recent meeting of our city planning commission, the commissioners reviewed an EIR for a seawall. I am a supporter of that project. Members of the public were each given only 3 minutes to address the commission. This time limit was strictly enforced until an opponent of the seawall — who is also a member of the city council-- addressed the Commission. (In this town the City Council appoints Planning Commission members). The city council member spoke against the EIR for over 6 minutes with no time constraints applied. Is this a violation of the Brown Act? FYI, the Planning Commission subsequently rejected the application to build the seawall. Thanks for your help. (Read the answer)

Permissible copying and “labor” fees in requests for public records

Q: Our organization is being charged $.25 per page — plus labor costs — to get copies of public records pertaining to a school bond. We’ve cited state guidelines pertaining to charges, but we have been ignored. What are the legal standards here?

A: The Public Records Act gives you the right to "inspect" documents and the agency may not require you to pay them to do so. Government Code section 6253(b) provides that if you request your own copies of the documents, the agency may charge you for the "direct cost of duplication, or a statutory fee if applicable." (Read the rest of the answer)

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RESISTING GOVERNMENT SECRECY IN A TIME OF TERRORISM

keynote speaker
SEYMOUR HERSH

A CFAC Assembly
October 8 and 9
US Berkeley Graduate School of Journalism

Early registration available now!
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Superior Court judge orders selected release of local officials' e-mails. Requesters hoping to find evidence of conflict-of-evidence.

(The Press-Enterprise 8/12/04) -- About 190 of the more than 330 e-mails sought in a Corona Public Records Act case will be released for public view. Riverside Superior Court Judge Sharon Waters issued an order Wednesday to release the documents, which some believe may point to a conflict of interest among some Corona officials. Her decision was made at the conclusion of three days of testimony that started Aug. 5. (Read the story)

Leisure World officials go to court to prevent release of private foundation's financial records

(Los Angeles Times 8/18/04) -- Seeking to keep their financial records confidential, managers of a Seal Beach retirement community filed suit this week against a group of residents who have asked to see how their monthly dues are spent.

"They're turning up the heat [and] trying to intimidate us," said David Lyon, who was among 10 Leisure World residents sued by the Golden Rain Foundation in Superior Court.

The suit is the latest chapter in a clash between the Golden Rain Foundation and the residents, who went to Small Claims Court in June to force the foundation to open its books. (Read the story)

Marin quarry to allow site visits by local officials only, not neighborhood residents seeking restrictions on quarrying operations

(Marin Independent Journal 8/10/04) -- Dutra Group of San Rafael, which operates the San Rafael Rock Quarry, refused yesterday to open its facility to the public during upcoming site visits by members of the Marin County Planning Commission.

"We're not going to open it; the answer is no. I've made the offer," said former Marin supervisor Gary Giacomini, speaking on behalf of the Dutra Group.

The Dutra Group is seeking permission to legalize six office buildings that were constructed without building, grading or septic permits. This request is separate from the Dutra Group's negotiations with the county regarding a new use permit that will determine the scope of operations at the controversial quarry. (Read the story)

Milpitas Council approves records request for city employees’ salaries, bucking trend among California cities to withhold specific earnings data

(CFAC 8/18/04) – The Milpitas City Council on Wednesday unanimously approved a public records request for the gross salaries of all city employees. The employee-specific salary information is to be turned over to the Milpitas Post, which requested the data, within ten days.

“There’s a good reason why these salaries should be released,” echoed Councilmember Bob Livengood, “They show flaws in management. They show problems. The public right to know supercedes a very limited right to privacy when you’re being paid by taxpayers.” (Read the story)

Store-owners group charges vote on tobacco license fee violates Brown Act

(The San Diego Union-Tribune 8/12/04) -- A trade group representing local merchants and convenience store owners is alleging the City Council violated the state's open-meeting law when it voted to impose a licensing fee on retailers who sell tobacco.

In a letter sent to the city July 30, an attorney for California Independent Grocers & Convenience Stores claims the council violated the Ralph M. Brown Act when it voted unanimously in May to adopt the licensing law.

The group, which represents more than 650 store owners in Southern California, most of them in San Diego County, maintains the council reached a decision in private, prior to hearing testimony on the issue. If that were true, it would be a violation of the Brown Act, which lays out how government bodies conduct the public's business. (Read the story)

Open meeting issues predominate in political squabble over fate of Sacramento fire chief

(The Sacramento Bee 8/17/04) -- Infighting among the Sacramento Metropolitan Fire District board escalated Monday as members geared up for tonight's showdown over the fate of Chief Rick Martinez.

While board members favoring a push to fire Martinez still have not come forward to spell out their reasons for dismissal, others on the panel and the district's attorney say some discussions about the chief may have violated the state's open-meeting law.

A surprise move by board Director Gregory Granados to take a vote to end the chief's contract in closed session last Wednesday was thwarted when the district's lawyer, Don Price, said the vote would have violated the Brown Act because it was not placed on the board's agenda. (Read the story)

Sufficiency of agenda item descriptions at issue in Santa Cruz DA's investigation

(The Santa Cruz Sentinel 8/11/04) -- The District Attorney’s Office is continuing its investigation into possible Brown Act violations by the Santa Cruz County Regional Transportation Commission.

In a letter signed by Assistant District Attorney Morgan Taylor and District Attorney Bob Lee, released Tuesday to the Sentinel, Taylor asks RTC counsel Rahn Garcia to clear up any possible public meeting violations quickly.

The letter, and the issue, stems from a May 20 closed-door discussion among commissioners about a business plan for the proposed tourist train to run between Capitola and Aptos, with an extension to Seascape. The business plan is designed to show how, and whether, the train will be successful without subsidy from the commission. (Read the story)

Dunsmuir school board discloses documents, but not investigator's report, on ex-superintendent accused of sex harassment

(The Record Searchlight 8/15/04) -- Bob Morris will receive one last raise as Dunsmuir High School's superintendent/principal.

Even after announcing his resignation last month and being told not to return to the high school, Morris will receive a $5,000 raise on top of his $79,144 annual salary while on administrative leave. The raise is written into his agreement to resign. Morris joined the district in 1989. His resignation becomes official Dec. 31.

Morris resigned last month amid allegations and an investigation into reports of sexual harassment and bullying. (Read the story)

Groups sue NYC over denial of permit for anti-war rally

(The Associated Press 8/16/04) -- An anti-war group and an organization of Arab-Americans filed a lawsuit late last week challenging the city’s denial of a permit for a civil rights rally in Central Park two days before the Republican National Convention.

The anti-war A.N.S.W.E.R. coalition and the National Council of Arab Americans said in the lawsuit filed Aug. 13 in U.S. District Court in Manhattan that they were unfairly denied a permit for an Aug. 28 rally on the Great Lawn by the city Department of Parks and Recreation. (Read the story)

Colorado appeals court says police have discretion to release Columbine killers' diaries and video tapes

(The Associated Press 8/12/04) -- Tapes and diaries made by the two teens who killed 13 people at Columbine High School are public records and can be released, the Colorado Court of Appeals ruled today.

The court, however, left open the possibility the records could remain secret because state law allows authorities to withhold documents if the release would be "contrary to the public interest." (Read the story)

Artist threatened with jail for painting topless Eve, in apparent breach of artist's prior agreement scope under city sign ordinance

(The Associated Press 8/12/04) -- Authorities are threatening to jail an artist, saying his reproduction of Michelangelo's painting of Eve is illegal because Adam's wife has bare breasts.

The original of the fresco "The Creation of Man" is in the Sistine Chapel at the Vatican. One year ago, Edward Stross reproduced part of it on the side of his studio, Gonzo Fine Arts Studio. (Read the story)

If you have suggestions for items to be included in CFAC's weekly Flash, please email them to Peter Scheer