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Friday, June 19, 2009

Quick comment on court decision

I am concerned about spending over 4 million dollars on a new water tank when we have Vancil reservoir. I tried to obtain records to understand the water system in general and about the possibility of using Vancil in that system. That is our right under the Public Records Act.


Though I tried to avoid it, I had to file a lawsuit to obtain those records. Unfortunately, the city decided to fight to the bitter end. They could have settled for $15,000. The judge decided to award $22,000 for attorney fees and costs.


The city got its day in court. I have gotten what I was asking for, access to public records. My attorney should to be paid for his work as provided for in the law. No records would have been released without his work.


You can see the released records: on using Vancil The Water System Schematic


For me, it's back to the question of using Vancil...


6 comments:

  1. Yeah, sure Janelle...Your attorney reallllly did 22 thousand dollars worth of work...

    Shame on the city for withholding info, but shame on you Janelle, for using a shyster layer...

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  2. You are mistaken, my attorney is totally reputable, ethical and scrupulous.

    Next time you feel like making a libelous comment, show some character and put your name to it.

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  3. TWENTYTWO THOUSAND DOLLARS??? For a simple public records act request?

    So, if your "totally reputable, ethical and scrupulous" attorney's billing rate was two hundred dollars an hour then you expect us to believe he spent ONE HUNDRED TEN hours on this? or if it was 400 bucks an hour 55 hours? That strains the bounds of credibility, Janelle.

    You latched on to an ambulance chaser, Janelle, and he got paid on the backs of me and every other citizen of Fortuna. Thanks for nothing.

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  4. I see censorship is alive and well here...

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  5. Nice to know that censorship is alive and well at the Fortuna "Exchange"...

    Too bad that you cannot handle an honest exchange of ideas which are different than yours...

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  6. I had every right to not publish your anonymous, mean spirited post. Since you felt so strongly I decided to publish it. But next time send it to a newspaper and see how far you get, or start and moderate your own blog.

    As for your comment. Paul Boylan did an excellent job insuring that our right to access records was maintained. He took it on contingency, meaning he would be paid nothing, I mean nothing, for his time and expenses if it was found to be a frivolous lawsuit.

    Why do I think access to information is so important? I have no interest in the right to uninformed speech. If you and I do not have information on which to form an opinion, then when we speak we are confined to expressions of our uninformed emotions.

    You obviously feel very strongly about the judge's decision in this case. However, the fact remains that the city did not contest the number of hours and the amount was found to be credible by the judge(an attorney). If two attorneys did not question the number of hours (which I think you overstate), on what basis would you or I claim foul?

    Paul Boylan did an excellent job and was paid for his services. I received only the documents. The judge found that the city withheld at least one document and the California Public Records Act requires the award of attorneys fees. Why does the law require this? Perhaps to persuade officials to not withhold records and therefore force citizens to hire an attorney.

    One City Council member asked what can we do to keep this person from suing? The City Attorney gave part of the answer: anyone can file a lawsuit. This person adds that if the city wishes protect public moneys from future court awards then care must be taken to follow the law. Which means if you have a question about something the city is or is not doing you may request the city records on what they are doing, which may help answer your question.

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