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By Miriam Raftery
August 1, 2017 (San Diego) -- A prominent attorney, Cory Briggs, has sent a letter to San Diego Unified School District’s Superintendent Cindy Marten expressing an intent to file a lawsuit after the school board voted to destroy emails after just one year. Briggs says such action appears to violate state law requiring that all school district records, including electronic ones, be retained for at least three years. He also accuses the district of failing to comply in a timely manner with public records requests.
Society of Professional Journalists has previously voiced concerns over the districts shortened e-mail retention policy and nonresponsive to public records requests by media and/or the public.
Briggs has requested a settlement meeting. Below is the full text of his letter:
BRIGGS LAW CORPORATION
San Diego Office:
4891 Pacific Highway, Suite 104
San Diego, CA 92110
Telephone: 619-497-0021
Facsimile: 909-949-7121
Inland Empire Office:
99 East “C” Street, Suite 111
Upland, CA 91786
Telephone: 909-949-7115
Facsimile: 909-949-7121
Please respond to: Inland Empire Office BLC File(s): 1593.99
26 July 2017
Cindy Marten, Superintendent Via Fax Only to 619-291-7182
San Diego Unified School District
4100 Normal Street
San Diego, CA 92103
Re: Notice of Intent to Sue; Request for Settlement Meeting
Dear Superintendent Marten:
On behalf of San Diegans for Open Government, I am writing to notify you of my
client’s intent to file a lawsuit against the San Diego Unified School District on at least two
grounds.
First, the governing board approved policies and regulations last night that appear to
violate state laws that require school district’s to retain every record – including electronic
records – for at least three years after being deemed a “disposable record.” See, e.g., CAL.
CODE OF REGS., tit. 5, § 16020 et seq.; cf. GOV’T CODE § 6200 (criminalizing public officer’s
adverse treatment of public agency’s records). The District’s approach to retaining and
destroying some electronic documents after just one year does not comply with the law.
Second, the District has developed a pattern and practice of not timely disclosing nonexempt
public records to members of the public who ask for them. Many requesters are
forced to wait well over a month for responsive public records, even though public records
may be examined during the District’s normal business hours under the California Public
Records Act. See GOV’T CODE § 6253(a). Thus, the District’s lethargy in disclosing public
records is also not in compliance with the law.
My client intends to file suit against the District unless the two sides can reach an
agreement that brings the District into full compliance with the law. If the District is
interested in discussing settlement, please let me know no later than August 15, 2017.
Sincerely,
BRIGGS LAW CORPORATION
Cory J. Briggs
Be Good to the Earth: Reduce, Reuse, Recycle
Cindy Marten, Superintendent July 26, 2017
San Diego Unified School District Page 2
Be Good to the Earth: Reduce, Reuse, Recycle
Attachment 1: Categories of Requested Public Records
Page 1 of 1 (following request letter)
1. Each and every ELECTRONIC COMMUNICATION sent or received since
July 1, 2014, by any official, officer, employee, or other agent of the San Diego Unified
School District that could be deleted or otherwise no longer retained by the District between
July 26, 2017, and December 31, 2017.
As used above, “ELECTRONIC COMMUNICATION” includes all forms of
electronic communication, such as e-mail and MOBILE MESSAGES; and “MOBILE
MESSAGES” includes short message service (SMS) messages, extended message service
(EMS) messages, and multimedia message service (MMS) messages.
Be Good to the Earth: Reduce, Reuse, Recycle
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