HomeMy WebLinkAboutAgenda Report - March 19, 1997 (77)CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Request that City Join Amicus Brief in the case of San Jose
Mercury News v. City of San Jose, Sixth District Court of
Appeal
MEETING DATE: March 19, 1997
PREPARED BY: City Attorney
RECOMMENDATION: The city join the amicus brief in the case of San Jose
Mercu[y News v. City of San Jose.
BACKGROUND: Amicus briefs are filed in various actions which involve matters of
wide ranging concern to provide information and additional
argument to the court in order to assist the court in understanding
all of the issues and arrive at a conclusion.
This case involves an important issue related to the city's ability to maintain the confidentiality of records
regarding employee discipline. In this case the San Jose Mercury News sued the City of San Jose to
obtain records related to the possible discipline andlor termination of a city fire captain. The city had
refused to produce the records based on the exemption contained in the Public Records Act for personnel
documents and the general requirement that the city not violate the former employee's right to privacy
grounded in the state Constitution. The city won in the trial court and the San Jose Mercury News has
appealed. The City of San Jose is seeking to uphold this decision and the City of Lodi is being asked to
join the appeal as Amicus Curiae.
This case presents an issue of wide ranging importance to cities in that a victory for the San Jose Mercury
News could arguably make city personnel records related to employee discipline discoverable pursuant to
a public records request. Currently these records are maintained as confidential, thus providing the
employee with important privacy protection. Further, the public interest in disclosure is minimal because
most information regarding employee discipline reveals very little about the general operation of the city.
FUNDING: Not applicable.
Respectfully submitted,
Randall A. Hays, City Atte/hey
APPROVED:
H. D' on Flynn -- City Manager