Latest news with #CaliforniaPublicRecordsAct
Yahoo
01-05-2025
- Politics
- Yahoo
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. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
27-04-2025
- Politics
- Yahoo
In SLO County, policies for public records on private devices go from strict to nonexistent
Reality Check is a SLO Tribune fact check series that holds those in power to account and dives into the accuracy of statements or claims. Have a tip? Email tips@ How public records are handled on private devices at local governments in San Luis Obispo County ranges from strict rules with detailed expectations to laissez-faire advice that amounts to virtually no policy at all, a Tribune analysis found. The Tribune investigated the question as it remains locked in a three-party legal battle among the newspaper, the city of Paso Robles and Councilman Chris Bausch over texts and emails Bausch has withheld for more than six months despite 19 Public Records Act requests. After receiving only a single record in response, The Tribune sued the city and Bausch in March, citing violations of state law. The filing has since triggered a series of cross-complaints from both defendants. Beyond the courtroom, The Tribune's case — and others like it happening elsewhere in the state and nation — shines a spotlight on an oft-overlooked responsibility of local governments, to determine whether they have policies outlining best practices for documenting public communication on personal devices, and if those practices are, in fact, being followed. California law is clear on this in a case that was upheld by the state Supreme Court in 2017. The case, City of San Jose v. Superior Court, determined that records relating to public business should be disclosed under the California Public Records Act, even when those records are stored on an official's private device. This issue is not unique to San Luis Obispo County. The Los Angeles Times filed a lawsuit in March against Mayor Karen Bass for her deleted text messages during Los Angeles' deadly wildfires in January, and in San Francisco, former Mayor London Breed and current Mayor Daniel Lurie have both made headlines for deleting and/or concealing texts about public business, according to the San Francisco Standard. 'In all fairness to Mr. Bausch, he's not the only one doing this, but that doesn't make it right,' The Tribune's attorney Karl Olson said during a March Q&A about The Tribune's lawsuit. 'There's a constitutional right of access to communications dealing with public business.' Stockton and San Jose have also faced similar issues with private device use among its elected officials. In the wake of the Paso Robles case, it begs the question: Do local governments in SLO County have policies mandating how public records are preserved on private devices and do they ensure their staff and elected officials are fully informed on how to follow California law? In Bausch's case, Paso Robles argues the councilman was well-trained in public records policy and was advised not to use his personal phone for public business. Still, he's found himself embroiled in a courtroom battle that will likely rack up a significant legal bill — one that taxpayers could wind up paying. As part of its Reality Check series, The Tribune investigated how each city in San Luis Obispo County and the county itself maintains its public records, and what their procedures are to help officials comply with the law and avoid costly legal battles. What it discovered was that policies vary widely from city to city, with some like the city of San Luis Obispo laying out strict guidelines and others like Pismo Beach having no policy at all. Paso Robles encourages councilmembers to use their city emails and accounts 'to the greatest extent practicable,' according to its Council Policies and Procedures Handbook. The city specifically provides councilmembers with direct access to city telephone and computer systems, as well as a cell phone, for officials to conduct city business on city devices and accounts as needed. But Paso Robles does not appear to have a policy for all city employees in its municipal code or other policy manuals. According to the city's lawsuit against Bausch, the city provides extensive training on California open government and transparency laws to city councilmembers — including obligations under the Public Records Act — and also routinely reminds councilmembers that they should be using their public accounts and devices for city business. It is unclear from the policy manual how records made on private devices should be retained or for how long. It also doesn't state a clear procedure on how councilmembers should look for records made on their personal devices or accounts. Mary Sponhalz, deputy city clerk for Paso Robles, told The Tribune in a December email that when the city receives a request for public records store on a city official's or employee's personal device, the request is forwarded to them with a request to submit items to the city clerk, deputy city clerk or custodian of records for review and release within 10 days. 'Less technologically savvy' employees or officials can also bring their devices to the clerk directly, she said. 'We rely on the individual to disclose if they have or may have responsive records,' she added. In Atascadero, the city's policy for councilmembers requires them to use city email accounts. If a councilmember receives an email pertaining to public business on a private account, they're encouraged to forward the email to their city account and/or ask the sender to email their city account, according to the Atascadero City Council Handbook. The handbook requires councilmembers who want to maintain a public social media presence to meet with city officials to discuss it. It also encourages councilmembers to 'think carefully' before sending or responding to emails. 'Never reply when angry or in a bad mood,' the handbook states. 'Do not make derogatory personal comments.' As for other officials, Atascadero fire and police are permitted to use their personal devices on duty only 'in exigent circumstances' or as otherwise authorized, according to the city's police and fire department policies. The policies list using a personal phone when radio communications are unavailable as an acceptable caveat. Using a personal cell phone for work reduces the expectation of privacy on that device, the policies state. City agencies can examine these devices for records relating to litigation, public records requests, investigations and other circumstances that may arise, according to the city. The policy also states that public records stored on an employee's personal device should be sent to their work device and deleted from the other by the end of the employee's shift. In addition to these policies, city spokesperson Terrie Banish told The Tribune that the city reviews and updates its public records policies as needed to comply with the law. 'When a request for records is received, the City requires its staff to examine their personal devices for responsive records, and if there are any, the City requires staff to sign a declaration attesting to the search for such records,' Banish wrote to The Tribune in an email. The city of San Luis Obispo appears to have the most robust policies in place when it comes to private devices and records retention. City spokesperson Whitney Szentesi told The Tribune that the city consistently advises its employees and officials of its obligations to search personal devices if they possess records responsive to Public Records Act requests and requires staff to search their private devices and accounts, including text messages and social media, when responding to records requests. According to the City Council policy manual, the city advises that any communications regarding city business on private accounts or devices, including social media, can be subject to disclosure under the Public Records Act, and are also subject to the Brown Act and the city's records retention regulations. The city's records retention policy also is very clear on the use of personal email. 'No city employee shall use their personal email account(s) to send emails relating to or containing city business,' it reads. 'If an employee inadvertently transmits an email or receives an email that relates to or contains city business outside of the city email server, that employee shall immediately transmit an unaltered copy of the message(s) to their city email account to be retained.' The city retains emails for a minimum of two years, the policy said. The policy also discourages city employees from using texts to conduct official city business. If an employee of elected official does conduct business through text, they are responsible for ensuring the communications are retained and archived, the policy said. In Morro Bay, officials are encouraged to use city email accounts and devices exclusively, according to the city's policy handbook for City Council and advisory bodies. 'Limited use of a private device for public business is permissible but not encouraged, and public records on such devices are subject to the Public Records Act,' the handbook reads. If an official receives a communication about public business on their personal device or email, Morro Bay's policy encourages them to either copy or forward any public records created to their city device. 'That practice facilitates efficient and prompt responses to Public Record Act requests,' the handbook reads. The policy is clear that public records created or stored on a personal device or email account are still subject to public records requests. Pismo Beach does not have a specific policy regarding the use of private devices by city employees and officials, Pismo Beach Assistant City Manager Mike James told The Tribune. 'The city follows best management practices to ensure all emails and application usage go through the city servers so city records are properly retained,' James added. Grover Beach also does not have a citywide policy for the use of personal devices, Grover Beach Assistant City Manager Kristin Eriksson said, because only Police Department Staff and Public Works maintenance staff are provided with 'city handheld devices.' According to the Grover Beach Police Department manual, police employees should not use personal accounts or devices to communicate about the official business of the department. It also states employees do not have a right to privacy when using their department email. Police Department employees also should only use technology provided by the department while on duty or in conjunction with assignments, which also applies to personally owned devices used to access department resources. Arroyo Grande also has no standalone written policy regarding the use of private devices by city employees, Arroyo Grande City Clerk Jessica Matson said, but it does have one for its councilmembers. The City Council Handbook advises that all communications regarding city business to and from councilmembers are potentially subject to disclosure under the Public Records Act regardless of how they are sent, received or stored. It asks councilmembers to 'minimize potential risk, embarrassment or awkward situations' and to conduct all city business on city devices and accounts to the greatest extent possible to ensure the city has a record of the communications. It also advises members to use 'tact and caution' when communicating in writing about the city's business regardless of the medium or recipient, adding that exceptions for disclosure of communications about the city's business are narrow. 'As always, a good rule of thumb before hitting 'send' is to consider how you would feel if the communication were to be reprinted in the newspaper,' the handbook said. Matson added that the city clerk's office ensures all appropriate measures are taken to verify that city records are collected from all devices, including personal devices, in response to Public Records Act requests and ensures all city employees and officials are aware of their obligations to search their personal devices if they possess records responsive to records requests. For San Luis Obispo County, employees are not prohibited from using their personal devices for public duties, according to county spokesperson Jeanette Trompeter. However, officials are encouraged to use government devices. According to Trompeter, restrictions are in place that prevent county documents from being downloaded or distributed on personal devices. But the policy Trompeter sent to The Tribune mostly outlined rules around personal cell phone use and stipends, rather than guidelines for records retention. Trompeter said the county regularly advises board members about their obligations under the Public Records Act, including for records stored on personal devices. County counsel has discouraged board members from using personal devices for public business, she said. 'Employees are responsible for ensuring proper retention and disclosure of documents on personal devices,' Trompeter wrote in an email to The Tribune. Paso Robles isn't the only city in hot water over potential public records concerns. Recently, Los Angeles Mayor Karen Bass came under fire for having her texts set to auto-delete, preventing reporters from learning about her communications in the aftermath of the fires that devastated the region, the Los Angeles Times reported. The Times then launched a lawsuit against the city over the deleted texts, it reported in late March. A city councilman in Spokane Valley, Washington, is also facing similar challenges to Bausch after he refused to turn over records relating to his social media use, the Inlander reported. The Spokane Valley City Council voted in February to allow the city manager to take legal action against the councilman, according to the article. These instances, as well as the case in Paso Robles, should inspire local cities to evaluate their own public records policies, said Karl Olson, an attorney for The Tribune. Olson helped litigate the landmark San Jose case that officially established that public records stored on private devices are subject to disclosure under the California Public Records Act. Olson said every city should have a written policy that clearly outlines public records law, including the precedent set forth in the San Jose case. Olson added policies 'encouraging' officials to use or copy their government phones are different than policies 'requiring' them to — which the San Jose case determined cities can do, Olson said. 'I would definitely encourage cities to follow guidance from the California Supreme Court,' he said. 'I mean, if they don't do that, they're asking for the same kind of problems that have occurred in Paso Robles.'
Los Angeles Times
12-04-2025
- Politics
- Los Angeles Times
How much did Bass and her acting mayor communicate while she was in Ghana?
Good morning, and welcome to L.A. on the Record — our City Hall newsletter. It's Julia Wick and David Zahniser, giving you the latest on city and county government. As virtually every Angeleno now knows, Mayor Karen Bass was on a diplomatic trip to Ghana when the Palisades fire exploded. What remains hazier is how the mayor interacted with the person assigned to lead in her absence — City Council President Marqueece Harris-Dawson, who was the acting mayor during her trip, including the day the fire broke out. Following a protracted back and forth last month, The Times obtained some of Bass' text messages from the nearly 24 hours she spent in transit from Ghana to Los Angeles on Jan. 7 and 8. After initially saying the mayor's texts had been deleted, her staffers revealed they were able to recover them, providing about 125 messages, while also noting that an unspecified number of additional messages were 'redacted and/or withheld' based on exemptions to the California Public Records Act. The cache of messages was revealing. But one name was notably absent: Harris-Dawson. (The Times sued the city last month over the mayor's texts. Even though city officials ultimately provided some texts, The Times is contesting the city's argument that releasing them was not required under state law.) Back on March 10, while we were still waiting to see if Bass would provide any of her texts, we filed a separate public records request with Harris-Dawson's office, seeking all of his communications with Bass (via email and text message, as well as messaging apps like Signal and WhatsApp) sent or received between Jan. 6 and Jan. 16. Three weeks later, Harris-Dawson's office said it had 'conducted a search and found no responsive records for this request.' It didn't seem possible that there weren't any messages between the two of them. Was the council president's office saying that he and the mayor did not communicate at all in writing during this period? Not even on Jan. 6, when the National Weather Service put out a warning that sounded downright apocalyptic? Or on Jan. 7 and 8, with Bass in transit during one of the worst catastrophes in city history? We asked Harris-Dawson's deputy chief of staff, Denise Jackson, on April 1 if the city was withholding any records. She did not respond. We followed up the next day with similar questions, asking if records had been deleted. And the next day. Still nothing. On April 4, Jackson responded, saying that if records had been withheld, her office would have specifically stated that. In this case, there were no records, she said. We asked again (and again) if emails or texts had been deleted. She did not respond. This week, we looped in Harris-Dawson's communications director Rhonda Mitchell, saying we were planning to write about the matter. Mitchell did not answer questions about whether Harris-Dawson had deleted messages or emails. 'I can only go by what the CPRA returned and the CPRA returned that there were no records found,' Mitchell said Friday, using an abbreviation to refer to a request made under the California Public Records Act. Bass spokesperson Zach Seidl said Friday that 'the Mayor and the Council President communicated by phone multiple times during this period.' He declined to say whether any messages with Harris-Dawson were among those previously withheld by his office in response to our request for Bass' texts. He also did not address whether Harris-Dawson and Bass had emailed during this period. Which all brings us back to our original question: How was the mayor interacting with Harris-Dawson as he led the city in her stead? Yes, they spoke on the phone, but the seeming lack of written communication raises serious questions. If such messages exist, they're an important part of the historical record and a crucial piece of the puzzle in understanding Bass' response to the fire. If they exist, Harris-Dawson's office can't legally withhold them without providing a reason. If they were deleted, the public should be told that — along with why. And if Bass and Harris-Dawson really didn't communicate in writing, they should address why that was. The Times did obtain some emails between Harris-Dawson's team and the mayor's office. Last month, in response to a separate records request, Harris-Dawson released a collection of emails sent between Jan. 2 and Jan. 7 to and from his office regarding wildfire conditions, high winds, emergency preparations and the National Weather Service. Harris-Dawson was acting mayor on four of those days. The most significant communication from Bass' team was a Jan. 7 email from Thomas Arechiga, the mayor's deputy director of legislative affairs, asking Harris-Dawson to sign a declaration of local emergency. 'Note, there are no changes to the Mayor's planned return tomorrow morning,' Arechiga wrote. Harris-Dawson's office sent the signed document back to Arechiga about 10 minutes later. — SOBOROFF SIDELINED: In a sprawling exit interview, outgoing Chief Recovery Officer Steve Soboroff said he was shut out by the mayor's office, noting: 'They haven't asked me to do anything in a month and a half, nothing, zero.' He also raised concerns about the role of Hagerty, the city's recovery consultant. Soboroff and real estate executive Randy Johnson went into greater detail about their work in a six-page 'Report of the Chief Recovery Officer,' which was delivered to Bass this week. — NEW LEADERSHIP: Bass named a new deputy mayor for public safety Monday, installing former FBI official Robert Clark as her top aide overseeing police, fire and emergency preparedness. Clark's predecessor, Brian K. Williams, was put on administrative leave last year after being accused of making a bomb threat against City Hall. Williams is still on the city payroll but 'is retiring,' said Seidl, the Bass spokesperson. Seidl did not respond when asked how long Williams would remain on the payroll. Williams makes about $245,000 a year and has been paid nearly $75,000 since being placed on administrative leave, according to the City Controller's office. Clark will make a similar salary. — WHO'S RUNNING? With Bass looking increasingly vulnerable, chatter about who will run against her has reached a fever pitch. But it's unclear whether anyone will mount a serious challenge to an incumbent who still wields considerable clout. We surveyed the field. — SECURING HER BASE: But Bass is very much on the campaign trail. This week, she dropped by an Los Angeles County Democratic Party meeting to give a quick speech, and she met with Valley Democratic club leaders at El Mariachi Grill in Encino last weekend. — ALL SMILES: They could end up as rivals in next year's mayoral election. But on Thursday, Bass and her former opponent, real estate developer Rick Caruso, appeared together to announce a partnership for rebuilding the Pacific Palisades Recreation Center, which was severely damaged in the Palisades fire. — TASK MASTER: U.S. Atty. Bill Essayli, recently appointed to oversee federal prosecutions in Southern California, announced the formation of a task force to look for potential fraud or corruption in homelessness programs. That work could create new headaches for Bass, depending on how wide-ranging the probe turns out to be. — THE TRUMP FACTOR: Essayli, whose boss is Trump's Atty. Gen. Pam Bondi, has been a sharp critic of the state's approach to the crisis, making derisive references to 'the homeless industrial complex.' Bass, for her part, said she doesn't know 'what kind of Trump appointee' Essayli will be. 'Is he going to do a fishing expedition?' she told KNX earlier this week. 'Or is he going to actually look and study the system and work with us to correct it?' — TRASH TALK: The City Council endorsed a plan for five consecutive years of trash fee hikes — and the first one will be by far the largest. Single-family homes and duplexes will see a 54% increase next year, while triplexes and four-unit buildings will see their trash bills double by next year. — A WIN FOR LABOR: The City Council voted 14-1 to spend another $27.7 million on design and technical work on a planned expansion of the Convention Center. The vote provided a big win to the construction trade unions, who mobilized to keep the project alive amid a major budget crisis. Although this week's vote did not authorize the renovation itself, it showed the council is firmly behind an overhaul of the structure. — PERMIT PUSH: Los Angeles County failed to issue a single rebuilding permit in the three months since the Eaton fire devastated Altadena. Now, the Board of Supervisors is trying to speed up that process. — FIGHT FOR THE 1ST: Two candidates have emerged to challenge Councilmember Eunisses Hernandez in the 1st District, which stretches from Highland Park to Westlake and Pico-Union, in June 2026. Raul Claros, a former member of the city's affordable housing commission, announced his bid in a news release this week. Meanwhile, Sylvia Robledo, a onetime aide to former Councilmembers Jan Perry and Gil Cedillo, recently created her own campaign committee to run for the seat, according to ethics filings. — TWO WORDS: The council's rules committee moved ahead with a plan to prohibit the utterance of two slurs — one against Black people, the other targeting women — during the council's public comment periods. — HOUSING CRUNCH: L.A.'s so-called mansion tax, approved by voters in 2022, has likely led to a dropoff in the construction of apartments across the city, according to a report released by UCLA and Rand researchers. Joe Donlin, who represents the coalition that supported Measure ULA, responded by saying the report was based on 'highly questionable assumptions' and only furthers the interest of 'real estate millionaires and billionaires.' — FEEL THE BERN: Plan for plenty of traffic in the Civic Center area Saturday, with big crowds gathering for Sen. Bernie Sanders and Rep. Alexandria Ocasio-Cortez's rally in Gloria Molina Grand Park. Councilmembers Hernandez and Ysabel Jurado are expected to speak. It will also be a Spring Street homecoming for Sanders' communications director Anna Bahr, who started her political career in Mayor Eric Garcetti's office and ran communications for Bass during her mayoral primary.
Miami Herald
12-04-2025
- General
- Miami Herald
Secret changes Edison imposed after Eaton fire remain shrouded in mystery
LOS ANGELES - Just weeks after the deadly Eaton fire ignited near three Southern California Edison transmission towers, the utility quietly changed an internal policy on how crews should ground idle electrical pylons. The change attracted little attention at the time - due mostly to the fact that early suspicion about the cause of the blaze focused on two active transmission towers in Eaton Canyon. But in recent weeks, speculation about the origin of the fire has shifted to a third idle transmission tower that had been unused for more than five decades. Despite these revelations, Southern California Edison - and the state commission tasked with regulating utilities - have refused to disclose what changes Edison made to how it grounds idle transmission towers, or what prompted the company to make the change days after its crews were allowed to inspect the hillside where the blaze erupted. The California Public Utilities Commission has ignored questions and denied a public records request from the Los Angeles Times regarding Edison's actions. The request could help shine a light on what officials have learned during their inspections, and what might have caused the inferno that killed 18 people. The agency cited no exemption in denying the request, which is required under the California Public Records Act. Instead, the commission said responsive documents were not available at this time and told The Times to resubmit its request in nine months. A spokesperson for the agency did not respond to questions as to why. However, the California Public Records Act does not allow agencies to delay disclosures for months. Instead, it requires them to respond within 10 days of getting a public records request. The act allows agencies to request extensions, but states they should be no longer than 14 days except for "unusual circumstances." Loretta Lynch, the former president of the CPUC from 2000 to 2002, said the documents should be released. "They should be completely available," she said in an interview. "They should be filing these reports, otherwise, why do we have the CPUC to begin with?" Lynch, who has openly criticized the commission for its close ties to utilities, said companies such as Edison often rely on the CPUC to keep documents from the public. Often, she said, companies will request that documents that would be of public interest be tagged as "business confidential" to keep them from being released. The CPUC denied The Times' records request on March 10. The Times asked the agency to reconsider its decision four days later, noting the agency cited no reason to withhold the documents. The request to the commission's legal division, as well as multiple calls and messages to its media relations department seeking clarity as to why the records were being denied - or why no reason was cited as required by the state's public records law - went unanswered for weeks. The Times reached out to the CPUC for comment Friday for this article. The CPUC notified The Times on Monday the document request had been reopened for consideration. Edison has also declined to release the document publicly. The company also declined to answer questions as to what prompted the change, or what the change would entail when it came to idle towers such as the one now being scrutinized in the Eaton fire investigation. A spokesperson for Edison referred to it as an internal document. "After we reviewed the manual, we realized the language was not as clear as it could be for grounding idle lattice steel structures and, in the spirit of making continuous improvement, we made changes to make it more clear," said the spokesperson, David Eisenhauer. Transmission towers must be grounded - or carefully connected to the earth - to safely dissipate energy from lightning strikes and voltage surges. As a private company, Edison is not required to make the document public. However, attorneys who have sued the company for its possible role in the Eaton fire criticized the decision, arguing that it went against the company's promise of transparency. The document could shed light into the company's response to the disaster, they say. "Here, they've hinted that the company made some change to grounding practices that could be at the core of this case, but refuse to tell anybody what they did," wrote Eli Wade-Scott, a partner at Edelson PC, in an email. "If SCE failed to properly ground these idle lines that have been sitting there for fifty years, that was a disaster waiting to happen - and they will have to answer for that to a jury." Edison is now facing numerous lawsuits over the fire, and the possible role of its electrical equipment. Investigators with the Los Angeles County Fire Department and the California Department of Forestry and Fire Protection have yet to determine an official cause of the fire, and Edison has since deployed crews and workers to inspect and test the equipment overlooking Eaton Canyon. But several law firms have hired their own team of fire investigators and electrical engineers to investigate the cause and look for clues. Their attention has, in recent weeks, focused on the idle tower, and a grounding wire that was exposed by about four feet in the steep hillside. "The tower was not grounded properly," said Alexander Robertson, an attorney from the firm Robertson and Associates LLP, which has filed suit against Edison. "That cable is supposed to be buried deep into the ground." Although the tower and line have not been in use since 1971, Edison officials and attorneys are looking at the possibility the idle tower and lines could have somehow been reenergized, sending electricity through the equipment and raising the possibility that the exposed grounding wire could have sparked the fire. In a Feb. 6 filing with the CPUC, Edison noted it was investigating the possibility its equipment could have caused the fire, including "the extent to which that line or its grounding could be related to the cause of the fire." In a footnote, the filing states that the company changed how it grounds idle lines, and its manual - specifically sections referring to the grounding of idle towers. "SCE has taken immediate steps to further strengthen and standardize its grounding practices with respect to idle lines, including updating SCE's Transmission Operations and Maintenance Policies and Procedures," reads the footnote. An Edison spokesperson declined to say what prompted the changes, or if they were connected to the company's inspections of its three towers after the fire. Eisenhauer declined to answer questions as to whether changes in the language of the manual resulted in changes to how crews were required to ground idle transmission towers from now on. Terrie Prosper, a spokesperson for the CPUC, confirmed to The Times that Edison updated its Transmission Operations and Maintenance Policies on Jan. 27, 20 days after the fire began and 11 days after Edison crews got access to inspect the area. The changes, Prosper said, were provided to the commission. The changes updated a four-month-old version of the manual outlining maintenance and procedures for the company. That previous version was dated Sept. 27, 2024, Prosper said in an email. No other changes made to Edison's manual were noted in the Feb. 6 CPUC filing, and Edison officials declined to say if it was the only change made to the manual. In a recent interview with The Times, Edison International Chief Executive Pedro Pizarro said it was possible the company's equipment caused the fire. "It's certainly possible it did," he said. "I've pledged to be transparent with the public as we continue to investigate." Michael Aguirre, a former federal prosecutor who has sued the CPUC to release records, said it is a constant uphill battle to have the regulating agency release records. "There is a blanket of secrecy over the paperwork that flows to the CPUC, that never gets to the public domain," he said. Documents are often tagged as proprietary, he said, and the agency has worked exemptions into the state's public records law, similar to branches of government like the governor's office. An Edison spokesperson would not say if the document was labeled as holding proprietary information or as "business confidential," preventing its release. Dozens of lawsuits filed against Edison raise a number of theories as to how electrical equipment might have been involved in sparking the fire, including the possibility of arcing, and allegations Edison failed to maintain the vegetation in the area, raising the risk. It's unclear if, or how, the idle tower could have been energized, but Robertson, the attorney, said investigators are looking at the possibility of induction - where a line is powered by a running parallel line. Copyright (C) 2025, Tribune Content Agency, LLC. Portions copyrighted by the respective providers.
Yahoo
10-04-2025
- General
- Yahoo
Secret changes Edison imposed after Eaton fire remain shrouded in mystery
Just weeks after the deadly Eaton fire ignited near three Southern California Edison transmission towers, the utility quietly changed an internal policy on how crews should ground idle electrical pylons. The change attracted little attention at the time — due mostly to the fact that early suspicion about the cause of the blaze focused on two active transmission towers in Eaton Canyon. But in recent weeks, speculation about the origin of the fire has shifted to a third idle transmission tower that had been unused for more than five decades. Despite these revelations, Southern California Edison — and the state commission tasked with regulating utilities — have refused to disclose what changes Edison made to how it grounds idle transmission towers, or what prompted the company to make the change days after its crews were allowed to inspect the hillside where the blaze erupted. The California Public Utilities Commission has ignored questions and denied a public records request from the Los Angeles Times regarding Edison's actions. The request could help shine a light on what officials have learned during their inspections, and what might have caused the inferno that killed 18 people. Read more:As investigators close in on cause of Eaton fire, activity swirls around Edison lines The agency cited no exemption in denying the request, which is required under the California Public Records Act. Instead, the commission said responsive documents were not available at this time and told The Times to resubmit its request in nine months. A spokesperson for the agency did not respond to questions as to why. However, the California Public Records Act does not allow agencies to delay disclosures for months. Instead, it requires them to respond within 10 days of getting a public records request. The act allows agencies to request extensions, but states they should be no longer than 14 days except for "unusual circumstances." Loretta Lynch, the former president of the CPUC from 2000 to 2002, said the documents should be released. "They should be completely available," she said in an interview. "They should be filing these reports, otherwise, why do we have the CPUC to begin with?" Lynch, who has openly criticized the commission for its close ties to utilities, said companies such as Edison often rely on the CPUC to keep documents from the public. Often, she said, companies will request that documents that would be of public interest be tagged as "business confidential" to keep them from being released. The CPUC denied The Times' records request on March 10. The Times asked the agency to reconsider its decision four days later, noting the agency cited no reason to withhold the documents. The request to the commission's legal division, as well as multiple calls and messages to its media relations department seeking clarity as to why the records were being denied — or why no reason was cited as required by the state's public records law — went unanswered for weeks. The Times reached out to the CPUC for comment Friday for this article. The CPUC notified The Times on Monday the document request had been reopened for consideration. Edison has also declined to release the document publicly. The company also declined to answer questions as to what prompted the change, or what the change would entail when it came to idle towers such as the one now being scrutinized in the Eaton fire investigation. A spokesperson for Edison referred to it as an internal document. "After we reviewed the manual, we realized the language was not as clear as it could be for grounding idle lattice steel structures and, in the spirit of making continuous improvement, we made changes to make it more clear," said the spokesperson, David Eisenhauer. Transmission towers must be grounded — or carefully connected to the earth — to safely dissipate energy from lightning strikes and voltage surges. Read more:Palisades and Eaton firefighters had elevated blood levels of mercury and lead, according to an early study As a private company, Edison is not required to make the document public. However, attorneys who have sued the company for its possible role in the Eaton fire criticized the decision, arguing that it went against the company's promise of transparency. The document could shed light into the company's response to the disaster, they say. "Here, they've hinted that the company made some change to grounding practices that could be at the core of this case, but refuse to tell anybody what they did," wrote Eli Wade-Scott, a partner at Edelson PC, in an email. "If SCE failed to properly ground these idle lines that have been sitting there for fifty years, that was a disaster waiting to happen — and they will have to answer for that to a jury." Edison is now facing numerous lawsuits over the fire, and the possible role of its electrical equipment. Investigators with the Los Angeles County Fire Department and the California Department of Forestry and Fire Protection have yet to determine an official cause of the fire, and Edison has since deployed crews and workers to inspect and test the equipment overlooking Eaton Canyon. But several law firms have hired their own team of fire investigators and electrical engineers to investigate the cause and look for clues. Their attention has, in recent weeks, focused on the idle tower, and a grounding wire that was exposed by about four feet in the steep hillside. "The tower was not grounded properly," said Alexander Robertson, an attorney from the firm Robertson and Associates LLP, which has filed suit against Edison. "That cable is supposed to be buried deep into the ground." Although the tower and line have not been in use since 1971, Edison officials and attorneys are looking at the possibility the idle tower and lines could have somehow been reenergized, sending electricity through the equipment and raising the possibility that the exposed grounding wire could have sparked the fire. In a Feb. 6 filing with the CPUC, Edison noted it was investigating the possibility its equipment could have caused the fire, including "the extent to which that line or its grounding could be related to the cause of the fire." In a footnote, the filing states that the company changed how it grounds idle lines, and its manual — specifically sections referring to the grounding of idle towers. "SCE has taken immediate steps to further strengthen and standardize its grounding practices with respect to idle lines, including updating SCE's Transmission Operations and Maintenance Policies and Procedures," reads the footnote. An Edison spokesperson declined to say what prompted the changes, or if they were connected to the company's inspections of its three towers after the fire. Eisenhauer declined to answer questions as to whether changes in the language of the manual resulted in changes to how crews were required to ground idle transmission towers from now on. Terrie Prosper, a spokesperson for the CPUC, confirmed to The Times that Edison updated its Transmission Operations and Maintenance Policies on Jan. 27, 20 days after the fire began and 11 days after Edison crews got access to inspect the area. The changes, Prosper said, were provided to the commission. The changes updated a four-month-old version of the manual outlining maintenance and procedures for the company. That previous version was dated Sept. 27, 2024, Prosper said in an email. No other changes made to Edison's manual were noted in the Feb. 6 CPUC filing, and Edison officials declined to say if it was the only change made to the manual. In a recent interview with The Times, Edison International Chief Executive Pedro Pizarro said it was possible the company's equipment caused the fire. "It's certainly possible it did," he said. "I've pledged to be transparent with the public as we continue to investigate." Michael Aguirre, a former federal prosecutor who has sued the CPUC to release records, said it is a constant uphill battle to have the regulating agency release records. "There is a blanket of secrecy over the paperwork that flows to the CPUC, that never gets to the public domain," he said. Documents are often tagged as proprietary, he said, and the agency has worked exemptions into the state's public records law, similar to branches of government like the governor's office. An Edison spokesperson would not say if the document was labeled as holding proprietary information or as "business confidential," preventing its release. Dozens of lawsuits filed against Edison raise a number of theories as to how electrical equipment might have been involved in sparking the fire, including the possibility of arcing, and allegations Edison failed to maintain the vegetation in the area, raising the risk. It's unclear if, or how, the idle tower could have been energized, but Robertson, the attorney, said investigators are looking at the possibility of induction — where a line is powered by a running parallel line. Sign up for Essential California for news, features and recommendations from the L.A. Times and beyond in your inbox six days a week. This story originally appeared in Los Angeles Times.
