CITY OF EL PASO DE ROBLES
"The Pass of the Oaks"
Paso Robles City Council Special Meeting Minutes
January 7, 2025, 4:00 PM
Council Chamber - Library/Conference Center
1000 Spring Street
Paso Robles, CA 93446
Councilmembers
Present:
Mayor Hamon, Councilmember Bausch, Councilmember Beal,
Councilmember Strong
Councilmembers Absent: Councilmember Gregory
_____________________________________________________________________ A. CALL TO ORDER
The meeting was called to order at 4:00 PM.
B. ROLL CALL
Councilmember Bausch, Councilmember Beal, Councilmember Gregory (absent), Councilmember Strong, and Mayor Hamon
C. PLEDGE OF ALLEGIANCE
D. STAFF INTRODUCTIONS
E. CLOSED SESSION ITEMS
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2)
Significant Exposure to Litigation: Three cases
Per City Attorney Elizabeth Hull only two of the three cases were discussed in closed session. The second case is related to a threat of litigation letter regarding the Public Records Act that was received from the Tribune. That letter has been added to the minutes.
2. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION (Gov. Code, § 54956.9(d)(4))
Initiation of Litigation: One case
F. PUBLIC COMMENT REGARDING CLOSED SESSION MATTERS
City Council Special Meeting Minutes January 7, 2025 Page 1 of 4 Clive Pinder and Linda George.
G. ADJOURN TO CLOSED SESSION
4:10 PM
H. REPORT FROM CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2)
Significant Exposure to Litigation: Three cases
City Attorney Elizabeth Hull reported that only two of the three cases were discussed in closed session. There was no reportable action on the first case. With regards to the second case, related to Public Records Act threat of litigation by the Tribune, the City Attorney reported that Council created a subcommittee which will meet with legal counsel and Council will reconvene on the case at 7:00 PM on January 8, 2025. The Tribune's threat of litigation letter is attached to these minutes.
2. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION (Gov. Code, § 54956.9(d)(4))
Initiation of Litigation: One case
City Attorney Elizabeth Hull reported that this case was not discussed in closed session.
I. ADJOURNMENT
Motioned by Councilmember Strong, seconded by Councilmember Beal, and passed unanimously by voice vote at 6:12 PM to adjourn to the January 8, 2025 City Council Special meeting.
Submitted by:
_____________________________
Melissa Boyer, City Clerk
Approved: January 15, 2025
City Council Special Meeting Minutes January 7, 2025 Page 2 of 4 December 19, 2024
Via Email
Elizabeth Hull, Esq. City Attorney
City of Paso Robles,
c/o Best Brest & Krieger
18101 Von Karman Ave.
Irvine. CA 92612
[email protected]
Re: San Luis Obispo Tribune Public Records Act requests Dear Ms. Hull:
I am writing on behalf of my client The Tribune regarding various Public Records Act requests made to the city of Paso Robles by its reporters Chloe Jones and Sadie Dittenber seeking, among other things a recording made by Councilman Chris Bausch of a meeting with City Manager Ty Lewis and Mayor John Hamon. The PRA requests also encompass several other records related to the subject of that meeting and the Lewis/Hamon/Bausch interactions.
Thus far, the City has improperly invoked exemptions related to some of the records and claimed it doesn’t have the recording.
For the reasons stated below, The Tribune disputes any claims of exemption and demands immediate production of the recording and the other records sought.
First, as to the recording, the City has a duty under the PRA to search for records on the “private” electronic devices of public officials and employees. (City of San Jose v. Superior Court (2017) 2 Cal.5th 608 623 [“An agency has constructive possession of records if it has the right to control the records, either directly or through another person”]; see also Community Youth Athletic Center v. City of National City (2013) 220 Cal.App.4th 1385, 1427-1429.) “Even without any bad faith showing, the record discloses that the City did not ask the right questions, even though it presumably had the ability to do so;” the City violated the PRA because it was not “sufficiently proactive or diligent in making a reasonable effort to identify and locate” the requested information. The Tribune demands that the City search for records both in its actual and constructive possession. We note that in the Ninth Circuit, the burden is on agencies to demonstrate adequacy of search “beyond material doubt.” (Transgender Law Center v.
Immigration and Customs Enforcement (9th Cir 2022) 46 F.4th 771, 779-780.
To the extent the City had denied The Tribune’s requests because they relate to personnel, it is wrong, under such cases as BRV v. Superior Court, (2013) 143 Cal.App.4th 742 and Bakersfield Unified School District v. Superior Court (2014) 118 Cal.App.4th 1041.
Records must be produced when there is “reasonable cause to believe” charges are well-founded, Threat of Litigation - Tribune City Council Special Meeting Minutes January 7, 2025 Page 3 of 4 and that is particularly true when high-ranking public officials are involved, as was the case in BRV, which involved a school superintendent.
For the above reasons, The Tribune demands that the records requested be produced within one week, i.e., by December 26. The Tribune reserves the right to take legal action under the PRA without further notice.
If you have any questions, feel free to contact me at the number I provided earlier today.
Sincerely,
CANNATA, O’TOOLE, FICKES & OLSON LLP
KARL OLSON
KO:rtc
CC: Joe Tarica (by email only)
Chloe Jones (by email only)
Sadie Dittenber (by email only)
Threat of Litigation - Tribune City Council Special Meeting Minutes January 7, 2025 Page 4 of 4