Professional Documents
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NO FEE
Gov. Code 6103
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CALIFORNIANS AWARE,
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Petitioner/Plaintiff,
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v.
CITY OF SALINAS,
Respondent/Defendant.
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Case No.:
VERIFIED PETITION FOR WRIT OF
MANDATE, INJUNCTIVE AND
DECLARATORY RELIEF FOR
VIOLATIONS OF THE CALIFORNIA
PUBLIC RECORDS ACT WITH
EXHIBITS A THROUGH ___.
[Cal. Government Code Section 6250 et
seq.]
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injunctive and declaratory relief under California Code of Civil Procedure sections 1085
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and 1060 and Government Code sections 6258 and 6259. In this verified Petition,
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THE PARTIES
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1.
Petitioner/Plaintiff
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AWARE
(Petitioner
or
CalAware) is, and at all times mentioned in this petition has been, a 501(c)(3) nonprofit public benefit corporation organized under the laws of California, governed by a
board comprised of public officials, public-minded citizens, and journalists, whose
mission includes the promotion and defense of the principles of open government. Its
offices are located at 2218 Homewood Way, Carmichael, CA 95608. As such, CalAware
has a beneficial interest in Respondents performance of its legal duties under the
CPRA.
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local agency as defined by Government Code 6252(a), and is, therefore, subject to
the CPRA. The City is governed by a publicly-elected, seven-member council (City
Council). The Citys main office is located in Monterey County at 201 Lincoln Avenue,
in Salinas, California 93901.
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CALIFORNIANS
This Court has jurisdiction over this matter pursuant to Code of Civil
Procedure sections 1085 and 1060 and Government Code sections 6258 and 6259.
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of Monterey and the acts and events giving rise to the claims occurred, in part, in the
County of Monterey.
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5.
Petitioner is informed and believes, and upon that basis alleges that the
City Clerk of City of Salinas has been regularly providing the entire City Council, in
connection with its public meetings, a document detailing upcoming agenda items and
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6.
At the November 19, 2013 City Council meeting, during the agenda item
Councilmember Jose Castaneda refers to the report, thanks the city clerk, and asks
questions about items that seem to be missing from the report. A true and correct copy
of the agenda for the November 19, 2013 meeting is attached hereto as Exhibit A. A
true and correct copy of the minutes of the November 19, 2013 meeting is attached
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hereto as Exhibit B.
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7.
At the January 7, 210 City Council meeting, during the agenda item
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Councilmember Jose Castaneda references the 2014 calendar of events that he received
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from the City Clerk in connection with the meeting. A true and correct copy of the
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agenda for the November 19, 2013 meeting is attached hereto as Exhibit C. A true
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and correct copy of the minutes of the November 19, 2013 meeting is attached hereto
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as Exhibit D.
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8.
In early 2014, CalAware became informed, and on that basis alleges, that
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the City had refused to release the Calendar to the public in response to a public
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records request.
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9.
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Francke, sent a public records request to the City Clerk, asking for a copy of the
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Calendar. A true and correct copy of CalAwares March 4, 2014, request is attached
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hereto as Exhibit E.
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-3VERIFIED PETITION FOR WRIT OF MANDATE
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On March 13, 2014, the City Clerk, responded to Mr. Franckes March 4th
Public Records Request. A true and correct copy of Ms. Aquinos response is attached
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CAUSE OF ACTION
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(RELIEF PURSUANT TO GOV. CODE 6258; CODE CIV. PROC. 1060, 1085)
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retained by the City, and are, therefore, deemed to be public records pursuant to
Government Code 6252(e).
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-5VERIFIED PETITION FOR WRIT OF MANDATE
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The City has claimed that the responsive public records are exempt from
disclosure because they are drafts, pursuant to Government Code section 6254(a).
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section 6254(a) is inapplicable to the requested records because the records are not
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preliminary, the records, the records have actually been retained in the ordinary
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course of business, and the public interest in withholding the records does not clearly
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factual material contained in deliberative memoranda and severable from its context....
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[are not exempt from disclosure] Citizens for A Better Env't v. Dep't of Food & Agric.
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(1985) 171 Cal.App.3d 704, 713 [citing Environmental Protection Agency v. Mink
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obtain the public records sought in this matter, but EMWD, through its legal counsel,
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-6VERIFIED PETITION FOR WRIT OF MANDATE
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one protected by their State Constitution. The California Constitution, Article 1, Section
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Petitioner has
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requested copies of unredacted, disclosable public records from the City, but City has
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refused to provide access to those public records. The only plain, speedy, and adequate
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Code, papers filed by the parties and any oral argument and additional
evidence as the court may allow.
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The City has a present legal duty and present ability to perform its
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Petitioner has a clear, present, and legal right to the Citys performance of
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Petitioner has an interest in having the laws executed and public duties
enforced and, therefore, has a beneficial interest in the outcome of the proceedings.
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The City has a ministerial duty to perform according to the laws of State
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the parties regarding the Citys responsibility to disclose records under the CPRA.
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30.
The City has failed to perform its ministerial duties as required by the
CPRA.
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Therefore, this Court should find that the records requested by Petitioner
are disclosable public records and that City has violated the CPRA by refusing to
release these records, and should order the City to immediately release unredacted
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1.
That after a trial of this action, to be held on notice, this Court should
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(a)
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(b)
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Petitioner; and,
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(c)
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CITY OF SALINAS to perform as required by the California Public Records Act and to
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3.
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attorneys' fees incurred in this action pursuant to Government Code Section 6259
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-9VERIFIED PETITION FOR WRIT OF MANDATE
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For such other and further relief as the court deems just and proper.
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Kelly A. Aviles
Attorney for Petitioner
CALIFORNIANS AWARE
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-10VERIFIED PETITION FOR WRIT OF MANDATE