COUNCIL AGENDA: 9/12/2023
FILE: 23-1179
ITEM: 2.7
20230912_0207memo
TO: HONORABLE MAYOR AND
CITY COUNCIL
FROM: NORA FRIMANN,
City Attorney
SUBJECT: SAN JOSE MERCURY NEWS,
LLC V. CITY OF SAN JOSE
DATE: September 1, 2023
RE
COMMENDATION
A
pprove payment of attorneys’ fees and costs in the amount of $78,225.40 in the San Jose Mercury News, LLC v. City of San Jose case, and authorize the City Attorney to execute a Settlement Agreement.
O
UTCOME
T
he City will pay the sum of $78,225.40 to settle the Mercury News’s claim for attorneys’ fees and litigation costs in the case of San Jose Mercury News, LLC v. City of San Jose, filed on May 4, 2023 in the Superior Court of California, County of Santa Clara, case number 23CV415609.
BACKG
ROUND
T
he San Jose Mercury News filed this lawsuit alleging the City violated the Public Records Act (PRA) by withholding employee discipline records arising from a October 5, 2022 incident involving Fire Engine 4. The Court issued an order on July 7, 2023 finding the PRA required the City to disclose the records and granted the Mercury News’ petition for a writ of mandate.
ANAL
YSIS
T
he PRA allows the prevailing party to recover reasonable attorney’s fees. (Gov. Code § 7923.115(a).) The City Attorney has negotiated an agreement with the Mercury News to pay $78,225.40 in full satisfaction and settlement of the Mercury News’s claim for attorneys’ fees and costs. The proposed agreement will settle the Mercury News’s claim for attorneys’ fees and costs and will conclude the litigation without further cost, expense, or risk of loss to the City.
September 1, 2023
Subject: San Jose Mercury News, LLC v. City of San Jose
CONFIDENTIAL—ATTORNEY/CLIENT
PUBLIC OUTREACH/INTEREST
This memorandum and the Settlement Agreement have been posted on the City’s website for the September 12, 2023 agenda.
COST SUMMARY/IMPLICATIONS
The settlement will be paid from the City’s claims reserve fund.
CEQA
Not applicable. Not a project; PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment.
By /s/ Nora Frimann
NORA FRIMANN
City Attorney
cc: Jennifer Maguire, City Manager
For questions, please contact NORA FRIMANN, City Attorney, at (408) 535-1900