Milpitas Sued Over Records In Dispute Between Mayor, City Manager

MILPITAS, CA —A free-speech group has sued the city of Milpitas in Santa Clara County Superior Court, seeking to obtain letters and other records related to a dispute between the city's mayor and city manager.

The lawsuit concerning records of Mayor Richard Tran and City Manager Tom Williams was filed on May 26 by the San Rafael-based First Amendment Coalition. It claims a right to have the documents disclosed under
California's Public Records Act.

Tran, elected last year, and Williams, on the job for 10 years, have each accused the other of misconduct.

Tran promised during his campaign to conduct a performance review of Williams and alleged he was costing the city too much in lawsuit settlements he recommended. The city attorney also allegedly told the City Council on May 17 that Williams used a city credit card to pay for $7,000 in personal legal expenses, and Williams was suspended two days later, according to the lawsuit. Williams said he has repaid that amount.

Williams has accused Tran of age discrimination and violating a city policy against disparaging city employees.

The First Amendment Coalition's lawsuit asks for copies of any claims of misconduct made against either man as well as copies of Williams' personnel records. The lawsuit also challenges a court order obtained by Williams on April 28 barring disclosure of the records.

After two reporters asked for some of the records in April, Williams filed a pre-emptive lawsuit, arguing that the records concerned private matters. Santa Clara County Superior Court Judge Mary Arand signed the order protecting the records after no one appeared in court to protest Williams' request.

The First Amendment Coalition contends the order violates the Public Records Act and a provision of the California Constitution that states, "The people have the right of access to information concerning the
conduct of the people's business." The lawsuit argues, "The public interest in the release of these records is profound. The records are critical to the public's understanding of well-founded charges of misconduct by senior public officials in the city, as well as the city's response to such allegations."

Pre-emptive lawsuits like the one filed by Williams are known as "reverse Public Records Act" lawsuits, according to First Amendment Coalition Executive Director David Snyder. "Reverse PRAs are anathema to transparency and bad for democracy, and should be disallowed -- by the Legislature, if the courts won't do it,"
Snyder said in a statement.

City Attorney Christopher Diaz and Williams' attorney, Claire Cochran, were not immediately available for comment.

— Bay City News; Image via City of Milpitas

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