MONTEREY COUNTY CIVIL GRAND JURY & THE CITY OF CARMEL-BY-THE-SEA

ABSTRACT:  At the City Council Town Hall Special Meeting on February 10, 2015, Councilman Ken Talmage “made a motion that Schmitz obtain an independent legal opinion, that the city not turn over personnel files, and that Freeman be authorized to seek a court order on the matter if/when the city receives a subpoena. The rest of the council agreed,” according to reporting in The Carmel Pine Cone.  And on February 10, 2015, Mary Schley, reporter, The Carmel Pine Cone, submitted a Public Records Act Request to Doug Schmitz, City Administrator requesting “all correspondence relating to the Monterey County Civil Grand Jury investigation.”  Later that day, City Administrator Doug Schmitz responded to Mary Schley stating “I've given you PRA to Lee who will log it in. I have 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. Thanks. D.” Three days later, on February 13, 2015, The Carmel Pine Cone published the news article entitled “Council will not provide personnel files to grand jury,” by Mary Schley.  Schley reported on the contents of “A Jan. 21 letter signed by Louis Panetta, chairman of the Carmel Investigative Committee and civil grand jury foreman pro tem.” Six days later, on February 19, 2015, Lee Price, MMC, Interim City Clerk, sent Mary Schley “the letter from Louis P. Panetta, Monterey County Civil Grand Jury, to City Attorney Don Freeman dated January 21, 2015” as an attachment. Furthermore, Price stated “This document is responsive to your email request dated 2/11/15 (PRA 2015-016).” “Regarding your request for copies of any other related public documents from the Civil Grand Jury to the City: Pursuant to the Penal Code, the Civil Grand Jury's work is confidential. Each person called before the Grand Jury signs a pledge to keep his / her comments and any matters raised or documents sought by the panel confidential. According to outside legal advice sought by the City in response to your request, the PRA does not override the Penal Code's confidentiality provisions. Thus, the City and its agents cannot release any materials pertaining to the Civil Grand Jury or its investigation without potentially being subject to legal action initiated by the Civil Grand Jury. However, in an attempt to respond to your request, the Mayor has asked the Civil Grand Jury for authorization to release the information which you seek.” The Public Record Act Request (PRA 2015-016) document originally from Mary Schley, reporter, The Carmel Pine Cone, to Doug Schmitz, City Administrator, minus Louis P. Panetta’s letter to Donald Freeman, City Attorney, is embedded. QUESTIONS are presented.

Schley PRA Request 2015-016

PRA 2015-016

From : Mary Schley [mailto:mary@carmelpinecone.com]

Sent: Tuesday, February 10, 2015 5:05 PM

To: Doug Schmitz

Subject : PRA request

QUESTIONS

1. 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?

REFERENCES: 
Council will not provide personnel files to grand jury, By Mary Schley, The Carmel Pine Cone, February 13, 2015, 1A & 24A

Grand jury communications to remain secret, By Mary Schley, The Carmel Pine Cone, February 27, 2015, 1A & 23A