Poway sues councilmember Tony Blain over alleged public records violations
POWAY, Calif. (FOX 5/KUSI) — The City of Poway is suing Councilmember Tony Blain for allegedly withholding and destroying public records in violation of state law.
The civil lawsuit filed in San Diego Superior Court is seeking to compel Blain to comply with the California Public Records Act after numerous public records requests over the past few months have gone unanswered.
'Despite multiple warnings, he hadn't been following the rules,' said Poway Mayor Steve Vaus.
Vaus, along with other city leaders, are taking one of their own to court.
The lawsuit announced Wednesday against Blain claims he is refusing to produce requested public records from private email accounts, apps and devices.
While Blain denies using private email for official business, the city claims it has evidence showing otherwise.
'Texts and emails from Blain to Councilmember Maeda. He would say, 'I don't have any,' or he would say 'I destroyed them,' which is against the law. Meanwhile, Councilmember Maeda would turn them in.'
The city also alleges Blain has asked others to delete messages, while encouraging them to use the encrypted signal app.
Attorney Bob Ottilie says the CPRA ensures transparency and accountability from local government.
'The public, a member of the public can file a lawsuit to compel production. If that member of the public wins, the city is responsible for attorneys fees,' Ottilie said.
Vaus says taxpayer dollars are funding the lawsuit.
'The expenditure thus far, just to this point, is about $40,000. It will probably be well over six figures if this goes to trial,' Vaus said.
Blain refused to comment on the lawsuit, only stating his attorney will issue a press release Thursday.
'This is where the trust starts, is in this transparency, that doesn't exist in this case if you're concealing things or if you're deleting, and it's potentially criminal as well and I would think that the district attorney would want to take a look at this,' Ottilie said.
Moving forward, Ottilie said it'll be up to the court to decide whether Blain must turn over and retain the requested communications – and if Blain violates that order, he could be held in contempt and sent to jail.
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