Pismo Beach loses Public Record Act lawsuit
January 29, 2024
By KAREN VELIE
A man seeking police officer oaths of office won his public records lawsuit against the City of Pismo Beach last week, in a case over redactions that has already cost taxpayers over $35,000.
San Luis Obispo Superior Court Judge Craig van Rooyen last week ordered the City of Pismo Beach to turn over unredacted oaths of office for two police officers to plaintiff Sean Martin. The judge also ordered the city to pay Martin’s court costs, filing fees and process service expenses.
On Dec. 8, 2021, Martin made a public records request for the oaths of office for two officers. After the city failed to provide the documents in the 10 days required by law, Martin reminded the city of his request.
More than 20 days after Martin made his request, the city emailed Martin the oaths of office with the signatures redacted.
After Martin demanded an unredacted copy, Dave Fleishman, an attorney contracted to provide legal work for the city, argued the city had legal authority to redact signatures from subscribed oaths of office to “better serve the public,” and to protect officers from “identity theft.”
Martin then filed a lawsuit against the city.
“The City of Pismo Beach has completely failed to justify it’s arbitrary and random redaction of signatures from it’s employees subscribed oaths of office,” Martin says in his trial brief. “Here, the city denied plaintiff access to non-exempt records without offering him any legal foundation or coherent reasoning.”
Fleishman argued the city followed public records law and was not required to produce unredacted documents because public interest in nondisclosure was high.
“Here, there is a strong interest in redacting the signatures because disclosure of the signatures would negatively impact public safety by allowing the fraudulent misappropriation of officer signatures,” Fleishman wrote in his trial brief. “The constitutional right to privacy protects, among other things, interests in precluding the dissemination or misuse of sensitive and confidential information.”
Martin disagreed, saying public oath takers have no more right to privacy than other members of the community.
“Oath takers have no more expectation of privacy in their signatures on their oaths than plaintiff
does in his signature on this court filing,” according to Martin’s brief.
During the past 10 years, government agencies having increasingly had attorneys – who often financially benefit from reviewing records request – review even standard California Public Record Act demands.
Before trial, Fleishman estimated his cost at $35,000.
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