Publication Date: Friday, October 28, 2005
Council digs in to keep documents secret
Council digs in to keep documents secret
(October 28, 2005) Results of $300,000 probe of Utilities Department kept under wraps headed for court for ruling on Weekly's lawsuit
Details of a $300,000 taxpayer-funded investigation of the Palo Alto Utilities Department will remain secret unless ordered released by a court, the Palo Alto City Council decided in closed session last Monday night.
The decision means the city will mount a defense against a lawsuit filed by the Palo Alto Weekly Sept. 21. The suit demands the release of the report and other materials gathered by an outside investigator hired by the city to unravel a scandal that resulted in six utility employees being terminated, 13 others being disciplined and which likely contributed to the resignation of Utility Director John Ulrich.
After repeated requests for the documents by the Weekly, including a formal demand letter citing case law supporting its position, City Attorney Gary Baum responded Aug. 2 with a refusal to provide any of the requested information. The Weekly then proceeded to sue under the state Public Records Act.
Baum did not consult with the City Council prior to deciding to refuse the Weekly's request, so the council had to decide whether to back-up the attorney and proceed to defend his decision to keep the documents secret or reverse his action, release the information and avert a costly court battle.
Since the council's discussion on the lawsuit took place in closed session, no one can discuss what took place or who supported what position. But the city issued an unusual press release Wednesday morning stating that it would defend itself in court against the Weekly suit.
The release said the city had "struggled" with the "competing" interests of the public's right to know and the privacy interests of the disciplined employees. It characterized the two legal cases, cited in the Weekly's lawsuit, decided by state appellate courts, as contradictory to the "existing statutory scheme."
In late 2004, the city began investigating allegations that a few utility workers used city equipment and then charged the city overtime for non-city work. The probe later expanded to more allegations, including lack of managerial oversight, sexual harassment and physical intimidation.
The Weekly made the investigation public in January. Despite confirming the investigation and releasing a few details about the alleged wrongdoing, top city officials refused to release the exact titles or names of the employees disciplined.
"The city's refusal to release the investigative reports on the Utility Department scandal runs counter to both state law and legal precedent," Weekly Publisher Bill Johnson said when the suit was filed.
"It prevents the public from understanding the details of how such improprieties occurred and the actions taken by the city to ensure they will not occur again," he said.
A court hearing on the Weekly's suit is expected within the next month.
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