Council Votes to Appeal Public Records Lawsuit Ruling

The Encinitas City Council voted Friday to appeal a recent Superior Court judge’s ruling to release a draft report of the city’s road conditions.  The report was previously sealed, and the city denied several requests by resident Kevin Cummins to see the document under the California Public Records Act.

In a closed session discussion, the council voted 4-1 for the appeal, with Councilwoman Teresa Barth opposing.

The council heard statements from the public before discussing the matter privately for nearly two hours.

Tony Kranz spoke first, telling the council he appeared before them a year ago asking that they release the same document.  “It’s really only about one thing and that’s the public’s access to the information,” he said.  “The public has a right to know about the business here at City Hall.”

Gerald Sodomka echoed that sentiment, saying, “Don’t waste taxpayers’ money to pursue an appeal you can’t win. If you vote to appeal, you are fighting against the public’s right to know.”

After Cummins sued the city for access to the report, it was argued that draft reports should be exempt from release because they may contain factual errors.  The final report of the study, however, was released in September.

On May 24, Judge Timothy Casserly ordered the city to release the study.  Because the final report had already been released, he felt that giving the public access to the draft report would not present any problems.

To read more about Cummins’ fight for open government, click .