Not So Public Records

Over the past several weeks, activists with HUFF have been attempting to obtain access to public court records related to 186 separate camping ban citations issued by the City of Santa Cruz. These are public records, normally accessible to anyone upon request (journalists make requests of this sort all the time).

The court records office has been less than co-operative (at least, in the person of Tess Fitzgerald, the supervisor we've been dealing with). Last Weds., for example, she literally slammed the window gate shut in one activist's face as he attempted to get a clear statement of policy from them. She also informed another activist that any request to retrieve any number of records, even just a single record, would cost $15.00 for the first ten minutes, and $15.00 for every 10 minutes thereafter (at least that was our understanding), and that it needed to be submitted in writing, and would not be done at the window (although a few minutes before, the clerk had been happy to take our request and handle it right there, presuming we were willing to accept their demand to authorize a $15 fee).

Prior written communications from their office had suggested that we agree that any records search lasting over 10 minutes would cost $15.00, and agree to pay an estimated total cost for the 186 records of around $200. In response to this communication, the Wednesday before last (on May 30th), we requested that they search for up to five or six records, and not exceed ten minutes, even if they haven't retrieved all the records. They refused - although they wouldn't actually say so, directly (as that could potentially be seen as a violation of the California Public Records Act). Eventually, Tess Fitzgerald wound up calling the Sheriff's office, claiming that we were creating a public disturbance - and five deputies showed up (and proceeded to spend over half an hour standing around trying to look authoritative).

At another point, Tess even stated that they would not release any records unless the person the record is associated with made the request - a clear violation of the California Public Records Act.

The people seem to be making this up as they go - it is clear that they don't want to set a precedent that allows free access to even a single record, if the person making the request is a community activist - I have grave doubts that this policy is being applied to anyone not associated with HUFF (such as lawyers requesting records for their own use).

At prior points, requests for a single record by HUFF activists and others have been retrieved, at the window, at no cost. The new policy of $15.00 for the first ten minutes is in direct contradiction to prior written communications from that office (and the California Public Records Act). They also seem to be willing to call the cops at the drop of a hat (they've done so every time we've shown up), although at no time have any arrests been made or other action taken by the police, all that has actually happened is polite dialog with officers over the situation. The officers have gotten wise though: last Wednesday, they only send a single officer down, who proceeded to speak with us, very politely, for an extended period.

It seems that the County is setting itself up for a lawsuit, simply because public employees are unwilling to make the slightest effort to provide affordable access to court records.