San Jose dollar 500K Lesson in Transparency: In a landmark decision, the San Jose City Council has unanimously approved a $500,000 payout to San José and the First Amendment Coalition, bringing an end to an extended legal dispute centered around former Mayor Sam Liccardo’s use of personal communication channels for official business. This resolution concludes a legal battle that spanned over 20 months and reaffirms the significance of government transparency and accountability.
The agreement addresses attorneys’ fees and costs for San José and the First Amendment Coalition, acknowledging their role as the prevailing parties in a lawsuit that invoked the California Public Records Act. This Act, designed to ensure public access to governmental records, stipulates that the prevailing party in such lawsuits is entitled to attorneys’ fees.
Ramona Giwargis, co-founder and CEO of San José Spotlight, emphasized the broader implications of this legal victory, stating, “I hope our successful court ruling and settlement sends a clear message to San Jose politicians—no one is above the law, and officials like Liccardo will be held accountable for skirting transparency laws. San Joseans deserve an accountable and transparent government, and I’m proud that we fought for that.”
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This resolution stems from a lawsuit filed in February 2022 by San José Spotlight and the First Amendment Coalition against the city of San Jose and Liccardo. The lawsuit alleged violations of the California Public Records Act, specifically related to Liccardo’s use of personal text message and email accounts for conducting public business.
In a significant legal victory in July, Santa Clara County Court Judge Thomas Kuhnle ordered the city to release hundreds of pages of records that had been improperly withheld after being requested by San José Spotlight. Subsequently, in August, Judge Kuhnle determined that the city and Liccardo had violated state transparency laws by inadequately searching the former mayor’s private texts and emails for public records.
In his August ruling, Judge Kuhnle criticized Liccardo and the city for failing to provide sufficient details about the search process, describing their declarations as too vague and lacking necessary specifics.
Liccardo expressed his disagreement with the payout, suggesting that the taxpayer money should be used to further appeal the case. He stated, “Our taxpayers would be better served by appealing (Kuhnle’s) refusal to consider evidence than by wasting $500,000 to incentivize lawyers to continue trolling ‘gotcha’ public records lawsuits.”
Karl Olson, a First Amendment lawyer representing San José Spotlight in the case, highlighted the broader implications of this legal battle. He expressed hope that the case would contribute to making it easier for the public to access records without resorting to legal action, emphasizing that it was a hard-fought victory in vindicating the public’s right to know.
This resolution not only addresses the immediate legal and financial aspects of the case but also serves as a precedent, underscoring the fundamental principles of transparency and accountability that should govern public officials’ conduct. As communities increasingly demand openness and adherence to the law from their leaders, such legal outcomes play a crucial role in reinforcing the foundations of democracy.