Royal Calkins’s Public Records Act (PRA) Request seeking 'reports and other written information stemming from the city’s investigation of sexual harassment allegations concerning Steve Dallas' based on Court Ruling that 'the report on a municipal investigation of a city official in Milpitas is clearly public record'

ABSTRACT: With regard to the investigation and subsequent report involving allegations of sexual harassment by Mayor Steve Dallas, Royal Calkins “asked Mozingo at the time to release the attorney’s report. “Attorney-client,” he replied in that way of his.” Moreover, on November 14, 2018, Royal Calkins posted “Also in the interim, an appellate court ruled that the report on a municipal investigation of a city official in Milpitas is clearly public record, which prompted me to repeat my public records request involving the Dallas matter — in writing this time, on Oct. 18, to be specific” in The Partisan: Dragging things out in Carmel Mozingo’s resumé is not the only record we’ve requested from the city, Voices of Monterey Bay. The legal case, believed to be TOM WILLIAMS, Petitioner and Plaintiff, v. CITY OF MILPITAS et al., Respondent and Defendants. and ALIYAH MOHAMMED et al., Real Parties in Interest. FIRST AMENDMENT COALITION, Petitioner, v. CITY OF MILPITAS, Respondent. Case No. 17CV309235 was decided by The Hon. Sunil R. Kulkarni, Judge of the Superior Court, May 24, 2018. The City of Milpitas Press Release (June 7, 2018) and FINAL STATEMENT OF DECISION CONCERNING PETITIONS FOR WRIT OF MANDATE AND COMPLAINTS FOR DECLARATORY RELIEF document copy is embedded.  Importantly, Kulkarni writes “This case is very similar to BRV. In that case, a school district's board hired an investigator to prepare a report examining allegations of misconduct by the district's superintendent. After receiving the report, the board allowed the superintendent to resign, paid the superintendent, and kept the report confidential. The BRV court ordered the report to be disclosed under section 6254(c), holding that "[t]he public's interest in judging how the elected board treated this situation far outweighed the Board's or [the superintendent]'s interest in keeping the matter quiet. Because of [the superintendent]'s position of authority as a public official and the public nature of the allegations, the public's interest in disclosure outweighed [the superintendent]'s interest in preventing disclosure of the [investigative] report." (BRV, supra, 143 Cal.App.4th at p. 759.)

FOR IMMEDIATE RELEASE

June 7, 2018

Contact:

Julie Edmonds-Mares, City Manager

City of Milpitas

Court Decision Supports Open Government for Milpitas

“Reverse Public Records Act” litigation by

former city manager overruled by Judge Kulkarni

FINAL STATEMENT OF DECISION CONCERNING PETITIONS FOR WRIT OF MANDATE AND COMPLAINTS FOR DECLARATORY RELIEF
SUPERIOR COURT OF THE STATE OF CALIFORNIA
SANTA CLARA COUNTY

TOM WILLIAMS, Petitioner and Plaintiff, v. CITY OF MILPITAS et al.,  Respondent and  Defendants. and ALIYAH MOHAMMED et al., Real Parties in Interest.
FIRST AMENDMENT COALITION, Petitioner, v. CITY OF MILPITAS, Respondent.
Case No. 17CV309235

REFERENCES:
NOVEMBER 14, 2018
The Partisan: Dragging things out in Carmel
Mozingo’s resumé is not the only record we’ve requested from the city
City Hall | City of Carmel-by-the-Sea
OPINION |
By Royal Calkins

New FAC Lawsuit To Tackle Growing Use of “Reverse CPRA” Suits
May 31, 2017 by 1stamendmnt

FAC Lawsuit Prompts Disclosure of Records Alleging Misconduct by Milpitas City Official
October 26, 2017 by 1stamendmnt

FAC Victory in “Reverse CPRA” Case: Court Orders Disclosure of Records Alleging Misconduct by Milpitas City Official
May 3, 2018 by Clara Hogan

FAC Attorneys Awarded $100k for Public Records Win
October 16, 2018 by 1stamendmnt