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a day ago
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Paso Robles releases first batch of Bausch's public records. Here's what they show
The city of Paso Robles released the first batch of public records from Councilmember Chris Bausch's personal devices Friday night, the first step in fulfilling a court order filed in The Tribune's lawsuit against the city and councilman. In total, The Tribune received 142 documents from the city — 109 emails and 33 emailed attachments — dating back two years. Bausch said he submitted more than 5,000 emails and texts for the city's review. So this represents only a fraction — about 3% — of the total that Bausch turned over to the city. The emails — which Bausch delayed turning over for months despite numerous public records requests — overwhelmingly center around the community's disdain for the now-repealed paid parking program in downtown Paso Robles. Notable communications show Bausch fielding public comments for City Council meetings, communicating with Cal Coast News reporter Karen Velie, and contributing to a cease-and-desist letter served to the city amid the parking controversy. None of the documents confirm or deny any of the allegations laid out in former city manager Ty Lewis' claim filed against the city — which alleged Bausch harassed him, spread rumors about him and led a concerted effort to oust him from his job — but the documents do shed light into volatility within the city that contributed to the eventual dispute between Lewis and Bausch. Several show outright disdain for the city manager, who left his position with the city on Jan. 26 after accepting a $365,000 settlement. The records received by The Tribune on Friday are the first batch to be released by the city after The Tribune filed its lawsuit in March. The lawsuit was propelled by a string of public records requests that went unfulfilled for months after Bausch 'explicitly refused' to follow the law, according to the city. The requests covered texts and emails stored on Bausch's personal devices, including conversations leading up to City Council meetings for the last two years, conversations between Bausch and members of the group that allegedly conspired to oust Lewis and conversations referring to Lewis. The Tribune made the requests in an effort to better understand the circumstances that led to Lewis' claim against the city. Bausch searched his devices and turned the records over to the city on May 16, following a court order issued by Judge Michael Kelley. Kelley then ordered the city to provide an initial drop of documents to The Tribune by Friday. He also submitted a signed declaration on May 30 attesting to the thoroughness of his search. The city noted it did not withhold any records among the batch it released on Friday. That leaves. more than 4,800 records for the city's lawyers to review, including texts off Bausch's personal phone. They are set to be delivered by June 16. The majority of emails provided Friday refer to the city's now-repealed paid parking program. Paid parking was introduced in Paso Robles in 2019, but it grew into a major trigger point after the City Council voted in November 2023 to change the parking rates. While drivers previously got a free two hours of parking before being charged, the 2023 decision would have charged drivers $1 per hour from the time of their arrival, The Tribune reported at the time. The outrage over the paid parking program ultimately led Templeton resident Gary Lehrer to send a cease-and-desist letter to the city, alleging the council violated the Brown Act when it voted to approve the rate changes. The cease-and-desist letter resulted in a temporary pause on the parking program, and the council subsequently voted in May 2024 to repeal the program entirely, The Tribune reported. While it was no secret that Bausch supported the push to do away with paid parking, emails provided Friday show he had a hand in writing the letter submitted by Lehrer, and helped review citizens' public comments before they were read into the record at council meetings. The emails also revealed frustration among Paso Robles residents at the time and a sense of distrust in their elected officials — including Lewis. A thread from December 2023 showed Lehrer and Bausch in the initial stages of planning a legal challenge to the city's parking program. On Dec. 12, Lehrer emailed Bausch what appeared to be a transcript of the meeting at which the parking rate decision was made. 'I hope what you are looking for is in here,' Lehrer wrote. Bausch responded: '95% sure, want to take another look at it. I also like the part where it is clarified that this motion only provides direction to staff. This is an AMAZING start. Thank you. It is proof we are on the right track. If we are serious about mounting a challenge to parking, I'd recommend pursuing a court worthy version of a transcript. Thoughts?' Lehrer responded that he would look into getting a transcript ready for court and planned to speak at the next council meeting. Bausch then gave Lehrer directions on what to do with the transcript, and mentioned Lewis and Paso Robles Mayor John Hamon. 'Any logic in giving Hamon a heads up this is happening?' Bausch wrote. 'As mayor, he should be telling Ty what to do, not the other way around.' Bausch also appeared to give Lehrer advice on a letter to the editor he intended to submit regarding the parking issue. Similarly, other threads showed Bausch apparently giving people feedback on public comments or other communications to the city about parking before they were submitted. In a subsequent email, Lehrer said he wasn't sure about telling Hamon and asked Bausch if he thought the mayor was a strong leader. 'Well, I did at one point but I am beginning to think he needs some strong prompts,' Bausch responded. Another email thread between the two showed that Lehrer sent Bausch a draft of the cease-and-desist letter on January 7, 2024. To that message, Bausch responded, 'Gary, Received. Thank you for drafting this. First read looks good. Will print, reread and edit if-where necessary tomorrow.' On Jan. 8, Lehrer responded, 'Here's the word doc, go ahead and edit it!' Attached to that email was a draft of the cease-and-desist letter that was eventually sent to the city. There did not appear to be a subsequent emails showing any edits made by Bausch in this batch of records. The allegation that the council violated public meeting law when it approved the parking change was also shared with Cal Coast News reporter Karen Velie by Bausch on Dec. 20, 2023. In that email, Bausch said the minutes from the meeting were 'being twisted and reinterpreted to fit a misappropriated narrative.' 'Why should anyone trust what the mayor, the City Council, the city manager or the city attorney tell us?' Bausch asked Velie. A similar comment was made by Bausch in a July 17 email to former City Council candidate Linda George. 'Opportunity awaits,' Bausch wrote, linking a Cal Coast News article on paid parking. 'Just a thought but candidates and their managers might want to comment on why the current council chooses to protect the city manager, legal counsel, and paid parking advisers at the expense of taxpaying voters.' 'Receive and disseminated to the proper parties,' George responded. 'Thank you for that.' Bausch responded: 'Choose your words wisely, sparingly. And please proofread very carefully. Thank you.' Bausch, Velie, Lehrer and George were all accused in Lewis' claim or addendum documents of being involved in the effort to remove him from office. They all denied the allegations, or declined to comment. Other parking-related emails also showed hostility toward Lewis. On March 20, 2024, Park Cinemas owner John Roush — a known opponent to paid parking — forwarded Bausch an email thread between Roush and Lewis. It began with Lewis asking to meet with Roush and another individual named David to discuss issues with the parking referendum. No meeting was ever set in stone, so Lewis detailed what he wanted to discuss in a later email to Roush and Lehrer. He said the city attorney identified potential problems with the referendum, including details that were out of compliance with elections code. 'Although the city is a neutral party in this process and cannot give legal advice, I felt an obligation to reach out and make you aware of potential areas of concern,' Lewis wrote. 'I realize home (sic) much time, effort and money the group is putting into the referendum effort and I don't want you caught flat-footed.' The thread does not show Roush responding to Lewis — but it does show that he forwarded the conversation Bausch. 'FYI ONLY. Don't want him to know I sent to you. Hopefully, he'll bury himself,' Roush wrote. The parking referendum ultimately gained around 2,400 signatures and was submitted to the city in April 2024 in hopes that it would be placed on the November 2024 ballot. Paso Robles rejected the referendum due to mistakes like not including the proper name and ordinance number. The city ultimately rescinded the parking program on its own in response to the backlash. Another notable instance of communication between Velie and Bausch included Velie sending Bausch a list of questions on May 8, 2024 — the day Bausch was set to appear on her KPRL radio show, 'Sound Off,' according to its website. The list included questions about paid parking and the Paso Robles airport, including a few pointed questions at Hamon and Lewis. 'Did Hamon sound irritated?' one of the questions read. 'What did you think of Ty manipulating the council in his response regarding evidence of tickets paid?' said another. 'Why is the city manager not pushing paying back the public?' Velie then transitioned into questions about the Paso Robles airport and, more specifically, Loyd's Aviation. 'Why do you think there is a lack of transparency? Do you know if Ty Lewis is personal friends with the current owner of Lloyds Aviation?' some of the questions read. 'Do you have concerns that Lloyds Aviation is being sold?' The questions about Loyd's Aviation are notable because of an allegation in Lewis' claim that said Bausch accused Lewis of being personal friends with the owner and fixing the applicant process to favor him. Lewis denied the allegation. Instead, the claim said, Bausch was the one who pressured Lewis not to allow the City Council ad hoc committee's recommendation to move forward. Bausch then accused Lewis of 'unethical behavior for personal gain,' the claim said. A similar comment had been made in the media. Because KPRL's audio files are routinely deleted, it's unclear if that rumor was discussed on May 8 after Velie sent Bausch the questions. However, Bausch was scheduled to discuss the paid parking program and the airport that day, according to the website. Additionally, Lewis made mention of the rumor just a few days later, an email previously obtained by The Tribune shows. On May 14, Lewis asked Loyd's Aviation owner Ryan Crowl if his business was being sold, to which Crowl responded with a resounding no. 'I made this pretty clear in public comment at the second Ad Hoc committee meeting. Our company is NOT for sale. We are not and have never actively tried to sell it nor have we expressed a desire to anyone. I cannot say this more emphatically,' he wrote. Lewis responded: 'I appreciate the clarification and transparency. The city is doing its best to maintain a level playing field. There is much misinformation circulating in the community and hearing it straight from the source is appreciated. I am confident Mr. Bausch and the other council members will accurately convey this to constituents during their future discussions.' The email also included a post-script: 'PS - The other rumor circulating is that somehow we know each other and I am steering this process in your favor.' Another pattern visible in the documents provided Friday was Bausch's habit of forwarding emails from his city account to his personal email address. Several emails between Bausch and Velie or Lehrer were also titled 'private, confidential,' despite having no legal grounds for confidentiality, and then being shared by Bausch himself in response to the Public Records Act. Some of the emails Bausch forwarded to himself were meeting minutes or agendas. Several show him forwarding city emails to his personal account, then using his personal account to share and discuss the forwarded message with someone else. For example, on March 7, 2024, Bausch forwarded an email from Ray Katz to Lehrer asking if Katz should be added to the parking referendum committee, to which Lehrer responded 'had really bad experiences with Ray' and 'he just really irritates me.' Bausch also forwarded the same email to Jan Albin, an opponent of paid parking. The email sent by Ray was the same email that prompted the March 8, 2024, Angela's Pastries meeting, records show, which Bausch recorded but refused to disclose despite The Tribune's Public Records Act request until Velie leaked the recording on her website. In a Nov. 29, 2023, exchange, Bausch forwarded a conversation between his city email and Lewis to his personal account where he and Lewis discussed whether a parking marketing campaign was approved in a motion. Bausch used his personal account to send the conversation to Lehrer and wrote, 'This might be interesting to discuss with Karen's guest tomorrow,' and wrote at the top of the message 'private, confidential.' Clive Pinder, host of KVEC's 'Cease Fire' radio show, was also a recipient of several of Bausch's communications. Pinder, who appeared to support the parking referendum in his communications with Bausch, later authored multiple columns in the Paso Robles Daily News hashing out Lewis' claim against the city and the ensuing drama. The columns received criticism from Velie, Lehrer, George and others named in Lewis' claim documents. The columns were quietly retracted in January after the news site received legal threats on behalf of Velie, Pinder told The Tribune at the time. On Jan. 29, 2024, Bausch forwarded a conversation about parking between him and Lewis from the city server to his personal email, and then shared that thread with Pinder, saying 'FYI.' On Jan. 30, 2024, Pinder forwarded an email exchange between him, then-assistant city manager Chris Huot and Lewis to Bausch. In the thread, Huot and Lewis both attempted to clear up misinformation about the paid parking program to the limit they were allowed, since the complaints about the program were still under review at the time. The thread shows that on Jan. 26, Huot denied the allegation that the city violated the Brown Act when it approved the parking changes, but said the inquiries were under review. Pinder then sent Huot a series of clarifying questions, asking whether or not the city planned to suspend the parking program during the review, and if residents would receive refunds for the fees paid out if the program was indeed approved outside of the law. Huot responded that he couldn't speculate to answer the questions due to the ongoing review. Pinder pushed Huot on the questions, to which Lewis took over the conversation and responded to several of Pinder's questions. Lewis added: 'I understand, support and appreciate the need for transparency. With that said, the city needs to understand the legal landscape before responding to the various legal opinions offered by various opponents and news agencies. ... If the city erred, rest assured we will do the right thing and correct any missteps. Alternatively, if there were no errs, we will provide the legal basis for actions to date.' Pinder forwarded the conversation to Bausch, who made a snarky response. 'What is an 'err'?' the Councilman wrote. 'Tomorrow, let us also discuss Ty's hypocrisy as to the Building & Planning Depts. (Could be your next story).' Another thread shows the same email chain forwarded by Pinder, but Lehrer is also included. In that thread, Bausch provided answers to the questions Pinder asked of the city, citing 'a very credible source.' In his answers, Bausch said the decision about refunding fines was unknown at the time, but then asserted that the city wouldn't provide refunds unless ordered to do so by a court. Bausch then forwarded the exchange to Lehrer, who made comments about the city's chosen parking vendor. Bausch responded that the city and city attorney failed to hold its parking vendor to reasonable standards. Bausch added: 'Let the chips now fall where they may. May retribution be swift and sure.'
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.'
Yahoo
10-04-2025
- Politics
- Yahoo
Paso Robles, councilman clash over who's to blame for Tribune's records lawsuit
The city of Paso Robles and Councilmember Chris Bausch pointed fingers at each other Wednesday in the first court hearing over who's responsible for delaying the release of public records requested by The Tribune. But there were two things everyone agreed on: The Tribune had a right to the records, and the issues should be resolved in a timely manner. The Tribune sued both Bausch and the city for violating the Public Records Act in March after the city claimed Bausch refused to comply with state law unless ordered to do so by a court. Bausch, for his part, denies that allegation. He held the public records delay was the city's fault, claiming attorneys hired to represent him in former city manager Ty Lewis' $2.275 million claim had told him to not respond to requests. He also claimed the city wrongly denied him legal representation, and he demanded the city provide him an attorney. As Bausch searches for an attorney to represent him — it was a 'probably a mistake' to represent himself, he said — he is also claiming to be searching for public records. In an April 2 court filing, Bausch claimed the search — which he has allegedly been doing since January despite having requests dating back to October — will take him six months to complete. He also asked to have himself dismissed from the lawsuit and for The Tribune's outstanding records requests to be dismissed, according to the filing. Both the city and Bausch are expected to have their response to The Tribune's lawsuit filed by April 21. The city is expected to provide a log of any records that are exempt from disclosure and why by the next hearing on April 30. Bausch spoke about his public records delays publicly and in depth for the first time Wednesday, representing himself during the first hearing in The Tribune's legal case. The councilmember claimed he is currently conducting around 700 individual searches on his personal devices for the delayed records — an effort he said has been ongoing since before city attorney Elizabeth Hull sent her February email to The Tribune calling him out for refusing to comply with public records law. Bausch did not specify when he started searching for the records and refused to clarify this detail with a Tribune reporter following the hearing. Bausch did acknowledge to the court it would be in his 'best interest' to turn over the responsive records. He also denied Hull's claim that he wouldn't turn over records without an order from a judge. 'That quote is, in fact, a lie,' he said. Instead, administrative hangups, questions and concerns have prevented Bausch from turning over documents so far, he said. Tribune sues city of Paso Robles, Chris Bausch after councilman refuses to release records The councilman claimed in court that he attempted to upload a batch of responsive emails to the city's server on Jan. 24. However, the files were corrupted in the process, Bausch said, forcing him to start his search anew. 'To be sure, that conversion failure is probably on me,' Bausch added. Bausch said Jan. 24 was also the date he submitted the recording of a meeting among himself, Paso Robles Mayor John Hamon and former city manager Ty Lewis at Angela's Pastries — a public record The Tribune first requested in October. That request was at first denied by the city but later reopened after a clip of the recording was leaked online by Cal Coast News reporter Karen Velie in December. Velie posted what she said was a full version of the recording in January. The full recording was provided to The Tribune by the city on Feb. 7 — just shy of two months after Velie initially released the partial recording. According to Bausch's case management statement, which he filed in court, he did not release the recording earlier 'on advice of counsel.' 'More questions came in from across typical media contacts but curiously, only the SLO Tribune sent the formal CPRA requests, eight all together to me, seeking to expose some sort of conspiracy to the employee who had made the hostile work environment claim,' he said in the filing. Bausch has refused to speak to The Tribune on the record since October, despite multiple attempts. In a Jan. 7 email to Hull and attorney Richard Egger, which is typically attorney-client privileged but was attached to the court filing, Bausch wrote, 'I recorded the March 8, 2024, meeting to protect myself against a perceived risk that my discussion might later be misrepresented. I did not record the meeting with the intent to create a city record subject to public disclosure.' In addition to the technological difficulties he faced, Bausch also aired to the court a laundry list of concerns about the city's handling of his search for records and recent refusal to provide him with legal representation. According to Bausch, he has been represented by three different lawyers since Lewis first filed his claim against the city. Bausch said his first attorney, appointed through the city's insurer, clashed with city attorney Hull after Bausch directed Hull to communicate with the attorney about public records requests, rather than the councilman himself. The second attorney also had to be replaced, Bausch said. In the process of searching for records responsive to The Tribune's requests, Bausch said he was counseled not to release records that could potentially trigger a defamation lawsuit, presumably by Lewis, who alleged in his claim that Bausch harassed and spread rumors about him. That advice was given after the settlement agreement had been reached between the two, Bausch said. And now, after Bausch's alleged refusal to comply with public records law, the city has refused to supply him with legal counsel, he said. Exclusive: Paso Robles councilman made threats, spread rumors, school board colleagues say A March 20 email attached to Bausch's statement illuminated a backroom conversation at City Hall, confirming that detail. The email, sent from Hull to Bausch, claimed the Paso Robles City Council discussed The Tribune's lawsuit in closed session March 19, the same day The Tribune served Bausch with the lawsuit. During that meeting, the subject of Bausch's legal counsel was brought up, Hull wrote. Bausch was invited to participate in that conversation, Hull wrote, but he left the meeting before it was finished. Ultimately, the city decided not to provide Bausch's legal representation due to his 'refusal to cooperate' with the city's public records process. Bausch took issue with that decision in court Wednesday. 'We need to come to some sort of an agreement for the city to correct course in, what I believe, is a serious error in the city's judgment in convincing City Council to deny legal representation to me on the basis of me not providing a search of my devices,' Bausch told Judge Kelley. 'If they use that as a basis for not providing counsel to me, they were in error, and they need to pay for counsel.' Judge Michael C. Kelley replied: 'That dispute is not before me today, and I'm not even sure it would be before me in any form or shape in this case.' Bausch also asked the court whether the city has the right to review his public records or if he should hand the records over straight to the judge or The Tribune, since the city is no longer representing him. 'I think since I have been cut loose from the city of Paso Robles, I believe BBK has given up their right to accept these documents,' Bausch said. BBK is the law firm that represents the city. BBK attorney Egger, who appeared in court virtually representing Paso Robles, emphasized the city's need to examine the documents prior to their release by Bausch. In its review process, the city would be looking for potential redactions or withholdings, including information falling under attorney-client privilege, work product privilege or other legal exemptions for public records. Kelley agreed with the city. Kelley told Bausch the city does have a right to review the records for redactions and exemptions prior to their release, even though the city is no longer representing him. Kelley also clarified that the city has a right to provide records to The Tribune on a rolling basis, but should not require Bausch to sign an affidavit until he has fully completed his searches. In addition to not representing Bausch in court, it appears the city may also file a cross-complaint against him. In Wednesday's hearing, Egger told Kelley the city was considering a cross-complaint, but did not specify what that would entail. But Bausch clarified it in his own statement, saying Egger 'threatened to file a cross-complaint against me.' According to Bausch's court filing, Egger told the councilman the city was going to file a cross-complaint against him because Bausch was 'a threat to the city.' Bausch claimed in his filing that Egger was unable to articulate how or why he was a threat, chalking the issue up to the repeal of the city's controversial paid parking program. 'Perhaps there are lingering sour grapes over my request that BBK reimburse the City $1,000,000 in legal billing for admittedly poor advice regarding a failed parking program,' Bausch wrote in the filing. 'I find it sad that their parking vendetta is turning this ugly.' Bausch claimed Egger 'is apparently unwilling to seek remedies that would likely save Paso Robles taxpayers quite a bit of money,' including mediation, settlement conferences or arbitration. 'I have requested that the court either transfer jurisdiction of this case to federal court or dismiss all remaining public record requests as I truly believe there was not any level of animosity between the employee and myself that has been imagined,' Bausch wrote in the filing. The federal courts do not have jurisdiction over state public records act requests. 'If the court in its wisdom and discretion believes that I should continue to search through my personal devices, I will respect the court's decision, but I ask the court to realize that I volunteer to be a city councilperson. I can't control who sends me an email or text,' Bausch wrote. Bausch claimed 'he is not the enemy here' and that the independent investigation into Lewis' claim found Lewis' allegations 'never existed,' calling Lewis' allegations 'the fantasy that might have led to a large payout (that) never materialized.' The Tribune requested all investigative documents and reports regarding Lewis' claim on Dec. 10. The city denied the Tribune's request on Dec. 17, claiming the records were exempt from disclosure under personnel privacy and attorney-client privileges. In the final statement of his filing, Bausch parroted a false claim about The Tribune that has been wielded by other critics in recent months. 'I don't think I should have to pay for McClatchy's fancy inhouse attorney,' he wrote. 'I know they are allegedly going out of business and I'm sure sorry about that, but I didn't cause that to happen. I don't want to donate to the cause.'
