Fresno Council of Governments sued for violating state’s public records law
Update: On September 29, 2017 the Fresno Council of Governments complied with our request and agreed to pay our attorney’s fees. Their data can be found here.
Today, the Nevada Policy Research Institute (NPRI) filed a lawsuit in Fresno County Superior Court against the Fresno Council of Governments for refusing to comply with the California Public Records Act (CPRA).
The lawsuit stems from NPRI’s work on its TransparentCalifornia.com website — which publishes the pay and pension data of nearly 2.5 million California public employees from over 2,000 unique government agencies.
The Council denied Transparent California’s request for records documenting the names and wages of its employees on the grounds that such information is confidential.
The Council’s rationale for withholding the requested public records contradicts longstanding California law, dating back to a 1955 official Attorney General Opinion that held that “the name of every public officer and employee, as well as the amount of his salary, is a matter of public record,” and a 2007 state Supreme Court case which codified that same finding.
Thus, the Council has unlawfully denied a request to access public records, according to Transparent California research director Robert Fellner.
“The California Public Records Act is emphatic in its purpose to make public all records concerning governmental affairs. The Fresno Council of Governments’ refusal to provide an accounting of their employees’ names and taxpayer-funded salaries is a clear violation of the law.”
The Council is designated by the state as a transportation planning agency and is comprised of 15 Fresno-area cities and the County of Fresno. The California State Controller’s Office reports that there are 11 “Council of Governments” agencies statewide. Transparent California has received the requested information from every one but Fresno:
- Calaveras Council of Governments
- Fresno Council of Governments
- Gateway Cities Council of Governments
- Kern Council of Governments
- Sacramento Area Council of Governments
- San Gabriel Valley Council of Governments
- San Joaquin County Council of Governments
- San Luis Obispo Area Council of Governments
- South Bay Cities Council of Governments
- Stanislaus Council of Governments
- Western Riverside Council of Governments
Transparent California’s repeated attempts to inform the Council of their obligations under the law and elicit a lawful response went unheeded, leaving litigation as the only avenue available to access the public information sought.
The lawsuit asks the Court to compel the Fresno Council of Governments to comply with the CPRA and provide a copy of records documenting their employees’ name and salary information so that it may be published online at TransparentCalifornia.com.
TransparentCalifornia.com is used by millions of Californians each year and has received praise for its ability to successfully improve transparency in government by elected officials, government employees, the media, and concerned citizens alike.
For more information, please contact Robert Fellner at 559-462-0122 or Robert@TransparentCalifornia.com.
Transparent California is California’s largest and most comprehensive database of public sector compensation and is a project of the Nevada Policy Research Institute, a nonpartisan, free-market think tank. Learn more at TransparentCalifornia.com.
