Court’s Findings & Orders: directing MCSD to make the requested records available

Court Rules Against McCloud Community Services District in Public Records Dispute

YREKA, CA – On September 11, 2024, Siskiyou County Superior Court Judge JoAnn M. Bicego issued a ruling in favor of plaintiff Michael Rorke in his lawsuit against the McCloud Community Services District (MCSD) regarding access to public records. The decision underscores the importance of compliance with California’s Public Records Act.

Case Background:
The case, filed under number 23CV30668, centered on Rorke’s attempts to inspect and obtain copies of district records beginning in June 2023. Rorke, a current or former board member familiar with district policies, made several requests to review documents and obtain cost estimates for copies but encountered obstacles from the district.

Key events in the dispute included:

1. June 28, 2023: Rorke initially requested to inspect and obtain copies of district records.
2. July 14, 2023: MCSD General Manager Amos McAbier declined to provide a cost estimate.
3. August 14, 2023: Rorke’s attorney, Mr. Pressman, requested accommodation for Rorke to review documents during office hours.
4. November 2, 2023: Attorneys exchanged emails, with Ms. Jacobson claiming no authority allowed Rorke to review documents before payment, while Pressman cited Rorke’s initial request to review before copying.
5. November 13, 2023: Ms. Jacobson stated records were open for public review, but Rorke had not attempted to retrieve them.

Court’s Findings:
Judge Bicego found the district’s actions “arbitrary, capricious or entirely lacking in evidentiary support.” She determined that MCSD failed to comply with the California Public Records Act by not making the records available for inspection as required by law.

The court noted several issues with MCSD’s handling of the request:

• Failure to provide a cost estimate in advance
• Refusal to allow inspection before copying
• Inconsistent application of district policies
• Mr. McAbier’s apparent intention not to comply with law or district policy

Judge’s Order:
The court granted the petition for writ of mandate, directing MCSD to make the requested records available to Rorke for review at the District offices. The Court found that the District’s conduct violated the California Public Records Act.

While granting the writ of mandate and declaratory relief, Judge Bicego declined to issue an injunction, noting insufficient evidence of an ongoing pattern of violations and presuming that the agency will obey and follow the law in the future.

The ruling also allows for Rorke to seek costs and reasonable attorney’s fees under Government Code §7923.115, to be determined in a future hearing.

Implications:
This case highlights the importance of government transparency and the right of citizens to access public records. It serves as a reminder to local agencies of their obligations under California’s public records laws, including providing cost estimates, allowing inspection during office hours, and following established policies.

The McCloud Community Services District has not yet commented on whether they plan to appeal the decision or what steps they will take to improve their public records request process in light of this ruling.