Thursday, June 02, 2011

Last Minute Notice, almost

The city waited to the last minute to announce it is going to closed session to discuss the Cummins case. Tomorrow at 3pm at City Hall.

Good chance the council will approve an appeal of the judge's ruling (see below). On what legal grounds? The law doesn't matter, especially when you don't have pay for the legal costs out of your own pocket.

The City has filed a "Notice of Appeal" of the court's ruling pursuant to Government Code section 6259(c).
This is a little complicated, but there is no right to "appeal" a ruling in a public records act case.  The statute (and case law) are clear and specific, the only appellate review of such a ruling is by filing for a writ of mandate in the appellate court.  The writ process is designed to be much faster: no waiting for a record to be prepared, no 'right" to respond to the writ petition.  If the court wants to, it could deny a writ by return mail.

In addition, the time for filing for a writ is 20 days after the court serves a Notice of Entry of the order.  Here, there is no final order yet.

This just added: From the in box. The city usually sends out a notice like this to the public.



I didn't get one of these about the Cummins meeting and I don't see it on the website.

Blogger's note: We got the notice because press started asking Kevin C about the meeting and the appeal. Otherwise the public would be in the shadows.

3 comments:

  1. Public guy ask public government for public records

    Public government says no.

    Public guy references public law for public records.

    Public government says public laws don’t apply to them.

    Public guy takes public government to public court.

    Court tells government that the laws apply to you and you’re a “public government” show public guy your records.

    Public government schedules private meeting to discuss how not share their public records.

    Go Figure!!!

    ReplyDelete
  2. I gos to show all of you that have been wronged by our imperialistic city. If you want justice, sue that shit out of them.... otherwise they are just giving our tax dollars to pensions and other special interest perks.

    ReplyDelete
  3. Anna: I'm surprised you capitalize your "I's".

    I've gleaned from your rantings you "go both ways"....most telling was..... "Kristin is winning me over (on another post)....".

    Details, mon, details.

    ReplyDelete

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