The Mercury News filed a lawsuit against the city of San Jose on Wednesday after the city refused to release public records regarding details of last year’s “Pink Poodle” incident.
In the April memo, Sapien said transporting unauthorized passengers is against city and fire department policies and that city officials took “appropriate disciplinary action” and considered the matter “closed.” But the city refused to release the records that could reveal which disciplinary measures it took, citing the employees’ privacy, according to the Mercury News.
Public records can sometimes be denied for an “unwarranted invasion of personal privacy,” David Loy, legal director at the government transparency nonprofit First Amendment Coalition, told SFGATE. However, he said that the public has a compelling interest in viewing documents related to an investigation of a public employee’s misconduct, especially when “it's clear that there was in fact misconduct.
“[Fire engines] are public resources used only for public service, not for private errands,” Loy said. “Anytime that there is a significant question of misuse of public resources … the public has a compelling interest in getting the full story, not just the official story.” After both records requests from the Mercury News were denied, San Jose Mayor Matt Mahan said he was disappointed he couldn’t share more information but said the Mercury News should refer to the City Attorney’s Office.Viewing public records is important because it enables the public to examine the process of the city’s investigation, Loy said.
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