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Lawsuit by Newport activist accuses councilwoman of defamation in records fee flap

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A frequent critic of Newport Beach government has sued the city, alleging that Councilwoman Diane Dixon defamed him when she called him out at a City Council meeting about more than $600 in public records fees that he says he doesn’t owe.

Mike Glenn filed the suit Aug. 4 in response to Dixon’s sharp rebuke from the dais at an April council meeting after Glenn had shared his skepticism about the Balboa Peninsula Trolley during a public comment period.

Glenn is seeking $5,000 in Orange County Superior Court’s small-claims court for “damage (to) my reputation, causing me irreparable personal, business and reputational harm,” according to a claim he filed against the city in May as a precursor to his lawsuit.

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He cited the episode at the council meeting and a follow-up quote in an article posted to the Stu News Newport website in saying Dixon committed slander and libel.

In his claim, Glenn also accused Newport Beach Assistant City Clerk Jennifer Nelson of committing libel on April 17 when she sent Glenn an email, copied to two other city employees, telling him that he had not paid the $619.93 the city said he owed.

Glenn, a former City Council candidate, regularly scrutinizes votes and policy statements from Dixon and other council members on his website, SaveNewport.com, and its associated Facebook page. In addition to the Balboa Peninsula shuttle, he closely follows Newport’s unofficial “dog beach,” fiscal matters and other local issues.

He routinely files public records requests — a city web page shows he has filed more than 50 so far this year, with several recent ones Dixon-related. He said he asks for electronic versions, which are free under state law. He also said the city can prepare notices that say what records would cost if created physically, but those notices are not invoices.

Dixon said Wednesday that the city has a policy against commenting on pending litigation, but she added, “It is disappointing that Michael Glenn is choosing to waste taxpayer dollars by filing a frivolous lawsuit.”

After Glenn spoke against the Balboa Peninsula shuttle at the April 11 council meeting — citing costs and other issues, as he has at other council meetings and on his website — Dixon, whose district covers the peninsula, addressed him.

She asked if he was aware that he owed the city money for making copies of public records he had requested and hadn’t picked up, and said more than 500 hours of staff time had been devoted to producing the records.

Glenn said he never asked to pick up copies of the records and that if city staff members made physical copies, it was their own decision. He also said nobody from the city had informed him of an outstanding balance.

“I just know that that’s on the city’s books that you owe that,” Dixon said. “Before you start talking about efficiency and taxpayer money, please pay your bills to the city of Newport Beach.”

Glenn let Dixon know he didn’t like her bringing up the matter in a public setting.

“I think it’s very out of line and very out of character,” he said. “It’s very unbecoming as well.”

“It’s public information,” Dixon replied. “Thank you.”

Glenn filed his claim with the city on May 1, demanding $5,000 plus a verbal public apology and retraction from Dixon at a City Council meeting, with “verbiage approved by me,” and an email from Nelson rescinding the claim of money owed. He also sought apologies to Newport Beach taxpayers and the “city as a whole for sending a chilling message that activists can and will be targeted if they dissent from the opinion of council people, with a promise that this type of targeting will never be done again to any citizen.”

Glenn said he made his financial demand on principle and that he chose to file in small claims because it would place no costly legal burden on the city.

A trial date in the lawsuit has been set for Dec. 18.

Glenn said he would still be open to a resolution. In that case, he would like the city to disclose how much it spent on legal fees for his case.

“All I have ever wanted is for her to retract and apologize,” he said.

hillary.davis@latimes.com

Twitter: @Daily_PilotHD

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