Chilling effect of SLO Tribune’s record request quagmire

April 28, 2025

OPINION by HANK KRZCIUK

The SLO Tribune versus Paso Robles versus a council member versus each other’s legal quagmire over “business records” on personal devices sends a chilling message. The message is to think twice about wanting to get on a community services district board, city government council or a standing committee.

This is all about many “public records” that the Tribune wants that might be on a councilman’s personal phone or computer. There have been lawsuits in every direction, and most recently, the City of Paso Robles took legal action against the council member.

The Tribune’s demand for certain records on a personal phone or computer may be legally possible, given the 2017 Superior Court ruling in the City of San Jose v. Ted Smith. It ruled that “business” records on personal phones and computers are public records demandable under the California Public Records Act.

I live in San Simeon. A San Simeon Community Services District director gets paid $100 per meeting, which means you are basically volunteering your services. The pay is roughly the same for all special districts in the state. As far as I know, members of a district’s standing committee are paid nothing but are also subject to producing records that may be on their personal phones and computers.

Does your community services district say it is up to you to produce whatever records are requested and that your opinion is sufficient to determine what records, text messages, etc., are government business records?

What if you deleted some text messages or emails to keep your mailbox clean?

What if you made what you thought were private messages or recordings related to government business, but they contained negative or off-color comments about other district members or employees, news organizations, or members of the public, etc?

This is complex. Who decides how far your district or city will go? Will your word about certain records being district business or deleted because they were old be good enough?

Or can they demand that you turn over your personal computer, tablet, and cell phone so that a third-party forensics company can search your devices?

Does your local government have clear policies regarding “business records” on personal devices? Will they defend you against lawsuits? Or will they sue you to avoid or settle a lawsuit against them?

In Paso Robles, the answer is no; they will sue you.

In San Simeon, we had a new board member who is an attorney. She knew the law and made the district buy her a laptop/tablet for district business. I don’t think she demanded a separate cell phone or other special phone number from the district. As a practicing attorney, she knows how to handle these matters and can defend herself.

Even if your government agency provides you with a separate personal computer, tablet, and/or cell phone for district business purposes, will they still target your personal devices?

What about the rest of us who effectively volunteer for board positions or to become a member of a standing committee? If you receive district emails on your personal computer, send district-related texts, or make recordings, your personal computer and phone could be searched, and your community government could sue you.

If you are like me, in retirement, who can afford expensive attorneys to fight your local government or a newspaper with unlimited time and money for years-long lawsuits?

Plus, who wants to give up their personal computer, tablet, and cell phone so that someone else can search them and make whatever they decide public (even with some redaction)?

What is happening with the Tribune, the City of Paso Robles, and the council member sends a chilling message to citizens wanting to volunteer to serve on local boards and standing committees.

Before volunteering, I strongly encourage you to review your community’s local policies. According to Sunday’s Tribune cover article, most communities do not have clear policies on keeping or seeking “business records” from personal devices.