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Yahoo
23-05-2025
- Politics
- Yahoo
Paso Robles councilman turns over 5,000 public records after court order
Councilmember Chris Bausch has turned over more than 5,000 emails and text messages to the city of Paso Robles, fulfilling a court order issued amid The Tribune's public records lawsuit against both parties. The next step is for the city to review the documents and determine if anything should be withheld from its perspective, before releasing the bulk to The Tribune. The Tribune filed its lawsuit after multiple requests for public records stored on Bausch's personal devices went unfulfilled — and after city attorney Elizabeth Hull told The Tribune in February that the councilman had 'explicitly refused' to follow public records law without a court order. But now, after the order was issued by Judge Michael Kelley on May 9, Bausch appears to have turned over the sum of his responsive public records to the city. Robert Egger, the attorney representing the city, confirmed during a court hearing Thursday that Bausch produced documents on May 16 — the day after the court's official deadline. The delay was caused by technological issues related to the file sizes, Egger said. The Tribune has yet to see any of Bausch's records — but it should soon. Kelley ordered the city to deliver an initial production of documents by June 6, with the remainder to be delivered by June 16. Egger's statements during court were consistent with comments provided by Bausch during Tuesday night's Paso Robles City Council meeting, where he delineated exactly how many records were turned over. 'I think everybody will be pleased to know that I have finally delivered all relevant and nonprivileged documents requested ... aka the PRA requests as submitted by the SLO Tribune and all others,' Bausch began. 'When all was said and done, I have reviewed nearly 60,000 emails, many of them multiple times due to the redundancy of the SLO Tribune's searches,' he continued. 'I have labeled the responsive documents according to their respective PRA requests, again, often irrespective of the redundancy of the request. I have submitted over 2,000 emails that, when combined, clocked in at over 1.5 gigabytes.' Bausch added that when he attempted to upload the documents to the city server, the system requested that he compress the files. He began that process on May 15, the court's deadline, but did not finish the process until May 16, he said. 'As to the text messages, I reviewed over 26,863 text messages, extracting 3,763 responsive conversations that, when printed out, take up 743 pages,' Bausch reported. 'All of these have been submitted to BBK for their review.' BBK is Best Best & Krieger, the city's law firm. According to Egger, Bausch's text messages were delivered to the city in PDF format, which could make the process of reviewing and redacting them more complicated. Egger also added during court that some of the email files were duplicates. After extracting those, the city was left with around 1,000 nonduplicative emails, he said. It was unclear from Bausch's comments during City Council whether or not he withheld any documents due to privilege exemptions that he determined himself — a point Egger also brought up during court. If Bausch did make his own privilege determinations, Kelley said he would be required to provide a privilege log — a document that typically outlines what records were withheld and what exemptions they fell under. Kelley also asked Bausch to file a signed declaration attesting to the thoroughness of his search to the court by May 30. The declaration should affirm that Bausch turned over all responsive and nonprivileged documents, Kelley said. Bausch was represented Thursday by his new attorney, Craig Robson. The councilman had previously been representing himself in the case after the city elected not to do so. Robson said during court that he believed the city should have been representing Bausch 'from day one.' Robson was amenable to the court's requests that Bausch submit a declaration as well as a privilege log if the situation requires. The next court hearing in The Tribune's case was set for June 27.
Yahoo
03-05-2025
- Politics
- Yahoo
Bill to fund transitional kindergarten in SLO County clears first hurdle
This story is part of SLO Tribune's Parents Central, our expanding coverage for local parents. We're tackling issues that matter to you the most, explaining the "what it means," from school budgets to children's health. We also want to have fun: Send us your best tips for local parents and things to do. Email tips@ A bill that would fully fund transitional kindergarten in the San Luis Coastal Unified School District has cleared its first legislative hurdle, Assemblymember Dawn Addis reported Friday at a news conference at Pacheco Elementary School. Introduced by Addis, the bill is good news for local parents as it aims to provide transitional kindergarten funding to basic-aid school districts. State law requires districts to offer transitional kindergarten to all 4-year-olds — but for basic-aid districts, like San Luis Coastal, that requirement adds an extra financial burden. That's because these districts receive funding through local property taxes rather than the state's funding formula — and as the law sits now, they don't receive extra money for transitional kindergarten. That lack of funding caused a stir at San Luis Coastal in January, when administrators suggested cutting the transitional kindergarten program to help manage the district's $6 million budget deficit. Parents and teachers showed up in droves to protest the cut, ultimately leading the district to keep the program — but district Superintendent Eric Prater said in a statement at the time that the district would work to seek state funding to help secure the future of transitional kindergarten in the district. And that's what Addis' bill is hoping to accomplish. During Friday's news conference, Addis said that her proposed legislation 'fixes the gap by providing state funding for TK to all districts, ensuring equity and honoring the Legislature's original commitment.' She added that the bill has garnered support from lawmakers. 'I'm very proud to announce today that AB 1391 has passed its first hurdle with bipartisan support from a supermajority of the education committee and no 'no' votes,' Addis said, receiving applause from the audience. Addis' bill advanced out of the committee on Wednesday on an 8-0 vote and was re-referred to the committee on appropriations, according to the legislative website. Pacheco Elementary transitional kindergarten teacher Monica Garcia testified before lawmakers in support of the bill, Addis said, and Hawthorne Elementary transitional kindergarten teacher Fiona Lloyd-Moffett delivered letters from her students about the value of the program. Addis also thanked the parents, teachers and community members who have advocated for transitional kindergarten in SLO County. 'It's a special moment, because we are in a time in our country that is showing historic levels of division, and here in San Luis Obispo County on the Central Coast, we've built a coalition that crosses political divides, brings regular people, government, management and labor all together to work on behalf of our children,' Addis said. Addis added that she's 'committed to the long haul' to get the bill onto Gov. Gavin Newsom's desk. Both Garcia and Lloyd-Moffett were also at Friday's conference to speak to the value of transitional kindergarten. 'As TK teachers, we have the joy and privilege every day to see how transitional kindergarten transforms lives. It doesn't just prepare children for school. It shapes who they are and who they will become,' said Lloyd-Moffett. 'TK nurtures the whole child, helping them grow socially, emotionally and academically.' Garcia continued that message, saying many families in San Luis Coastal rely on transitional kindergarten. 'Transitional kindergarten is not just an option. It is their only access to high-quality learning, and TK provides that stability, that care and that opportunity at a crucial stage of development,' said Garcia. 'TK gives our parents peace of mind, knowing that their children are safe, supported and thriving in a nurturing, engaging environment. TK helps ensure that every 4-year-old, regardless of their life circumstance, gets a strong and fair start during these essential early years.' San Luis Coastal parent Gina Lopez also spoke at the news conference, saying transitional kindergarten has been transformative for her daughter. 'She has become more confident in expressing herself, more thoughtful in how she connects with others and incredibly eager to learn,' Lopez said. Meanwhile, her other child didn't have the opportunity to go to transitional kindergarten, she said. 'While he's doing well now, I truly believe the early challenges that he faced — reading and writing — could have been lessened with the strong foundation TK provides,' she said. Lopez added: 'Transitional kindergarten is not just an early start. It's the strong start that every child deserves.' Superintendent Prater, board member Ellen Sheffer and San Luis Coastal Teachers Association representative and district kindergarten teacher Ingrid Frojker also spoke at the event in support of the proposed legislation.
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.'
