Nat’l Conference of Black Mayors v. Chico Community Publishing, Inc.

In 2015, the Sacramento News and Review (the newspaper), published by appellant Chico Community Publishing, Inc., investigated Sacramento’s then-Mayor Kevin Johnson and his staff’s use of city resources in the take over and eventual bankruptcy of the National Conference of Black Mayors (the National Conference). As part of that investigation, the newspaper made a request to the City of Sacramento (the City) pursuant to the Act for e-mails in the City’s possession that were sent from private e-mail accounts associated with Johnson’s office. In the City’s review of the records on its servers, it identified communications between Johnson’s office and the law firm which represented the National Conference in its bankruptcy proceedings and Johnson, along with the National Conference, in litigation connected with Johnson’s contested election as the National Conference’s president. The City flagged these e-mails as potentially containing attorney-client privileged information. It then contacted the law firm to notify it that the City was compelled to release these emails because the City had no authority to assert attorney-client privilege over the records on behalf of outside counsel. The law firm contacted the newspaper and asked it to agree the City could withhold any records it determined included attorney-client communications. The newspaper refused and contacted the City, which admitted telling the law firm that some of the emails may have been privileged. Following the newspaper’s refusal to allow the City to withhold e-mails containing attorney-client communications, the National Conference, Johnson in his official capacity as the former president of the National Conference, and Edwin Palmer in his official capacity as Chapter 7 Trustee for the National Conference filed a petition for peremptory writ of mandate against the City and its City Attorney’s Office to prevent disclosure of records to the newspaper. A requester of public records who successfully litigates against a public agency for disclosure of those records is entitled to reasonable attorney fees under the California Public Records Act. The issue this case presented for the Court of Appeal's review was whether the Act also allowed for an award of attorney fees to a requester when the requester litigates against an officer of a public agency in a mandamus action the officer initiated to keep the public agency from disclosing records it agreed to disclose. The Court concluded the answer was "no." View "Nat'l Conference of Black Mayors v. Chico Community Publishing, Inc." on Justia Law