From : Mary Schley [mailto:email@example.com]
Sent: Tuesday, February 10, 2015 5:05 PM
To: Doug Schmitz
Subject : PRA request
QUESTIONS1. In his response to Mary Schley’s Public Records Act request, Doug Schmitz, City Administrator, acknowledged that he had “to check with legal counsel about releasing; not that I don't want to have you get the info but: 1) the Grand Jury members have a legal obligation to confidentiality and, 2) each of us involved had to sign a document to confidentiality regarding matters of substance before the panel. The transmittals contain such matters of substance. Just want to make sure none of us, in civil or religious parlance, are ''violating our vows". Will let you know one way or the other once I get a determination.” How then is it that Louis P. Panetta’s letter to Donald Freeman was deemed a public document subject to the California Public Records Act and released to reporter Mary Schley, The Carmel Pine Cone, while on that same day, in that same email “all other communications between officials and members of the civil grand jury investigating the town’s operations and dealings under former city administrator Jason Stilwell” were declared to be confidential, according to reporting in The Carmel Pine Cone?
2. At the City Council Town Hall Special Meeting on Tuesday, February 10, 2015, resident Carolyn Hardy stated that “I am concerned that the grand jury may have breached their confidentiality rules as to who they are investigating by identifying the seven (7) employees in written communications to all of you that have become public documents. And it is disconcerting that the county counsel’s office is facilitating what I see as a breach of the grand juries duties and responsibilities.” Given that Hardy had explicit knowledge of the contents of Panetta’s letter to Freeman and given that “Ms. Hardy did not make a specific request for Mr. Panetta’s letter nor did she submit any Public Records Act request on this matter,” according to Lee Price, MMC, Interim City Clerk, who gave a copy of Panetta’s letter or information regarding Louis P. Panetta’s letter to Carolyn Hardy prior to the February 10, 2015 Town Hall Special Meeting?
Council will not provide personnel files to grand jury, By Mary Schley, The Carmel Pine Cone, February 13, 2015, 1A & 24A