Claremont Will Limit Release of Some City Documents

The city of Claremont will restrict the type of documents the city releases, but will not limit how much time its staff spends on public document requests, the city manager said Wednesday.

City Manager Glenn Southard is setting guidelines that he hopes will free staff time and reduce requests for public records, the volume of which he said borders on harassment. The number of document requests to the city nearly tripled in one year, he said.

Under the new policy, city officials may withhold the names of people who meet with council members. The policy also would exempt from disclosure private memorandums or e-mails between council members or between members and the city manager.

City Atty. Sonia Carvalho said those documents can be kept private if it would be more in the public interest to do so than publicizing them, which is allowed by state courts.

Terry Francke, senior counsel for the California First Amendment Coalition, said the city was using case law and the state’s public records law exemptions to justify privacy rights that are far beyond what was intended.

“I don’t think the deliberative process provision, even in its greatest stretch, allows the council or manager to have some free-floating confidentiality as to whom they meet with,” he said.

On Wednesday, a City Council subcommittee removed a provision that would have imposed a cap of five hours a week for the city clerk and two hours per department on time devoted to answering those requests, many of which City Council members said were frivolous.

“I think a lot of requests that I see coming for things that have happened in the past are probably generated by a desire to complicate the city’s staff time,” said Councilwoman Sandra Baldonado.

Southard said the restriction policy would not affect most citizens and was drawn up in response to requests from city critics and watchdogs Mike Noonan, Gary Mizumoto and Jackie McHenry. The current rules are being abused by some people, he said.

“Because of them, this is what happens,” Southard said.

Cutting off citizens from public business reduces their ability to scrutinize city actions, Gary Mizumoto said this week.

He has been asking for documents related to Claremont’s investment in a failed Orange County investment pool.

“That is why we need to have access to the materials we are requesting. It is not to harass the city. It is to add a layer of accountability,” Mizumoto said.

About 10 residents attended Wednesday’s meeting with several criticizing the plan.

Claremont officials brought stacks of files to Wednesday’s meeting that they said represented documents requested since 1996.

The file for the three years between 1996 and 1998 is a half-inch thick.

The 1999 file is 3 inches and the 2000 file is 30 inches. For the first nine months of this year, the stack is up to about 60 inches. Many of the requests come from one person.

The proposed policy is administrative and does not need City Council approval. But it will be presented to the council’s Administrative Services Subcommittee next month.