In a bold move by the City of Poway, the municipality sues one of its councilmembers, Tony Blain, for failing to comply with the California Public Records Act. This legal action attempts to end what the city describes as an ongoing disregard for state law concerning preserving and disclosing public records, following unsuccessful efforts to achieve voluntary compliance. As reported by the City of Poway, the heart of the dispute involves Councilmember Blain's private email accounts and applications like text messaging and the encrypted Signal app for discussing city-related matters.
The crux of this lawsuit is the allegation that Blain has openly discussed city issues using personal communication channels, contrary to his claims of restricting official business to his city email account. Documentation appears to show Councilmember Blain conducting city business outside of his official channels, with acknowledgments of deleting potentially disclosable messages.
The Public Records Requests (PRRs) have produced records from Blain's private communications with city staff and others, indicating that the California Public Records Act has indeed been violated. Blain's actions conflict with the very purpose of the CPRA, which is designed to ensure the public's ability to monitor their government's activities. The law requires transparency for any writings related to public business by any state or local agency, covering various media and formats.
Retained law firm representatives, chosen for their lack of vested interest in the city's internal politics, have found the evidence against Councilmember Blain compelling enough to support the lawsuit. City Attorney Alan Fenstermacher expressed his anticipation of a defensive stance from Blain, expecting him to dismiss the accusations as "political lies," a term Fenstermacher mentioned Blain has used in the past when confronted with allegations of misconduct. "I anticipate Councilmember Blain will call this case 'political lies,'" Fenstermacher said, "a common refrain he has used over the last four months when faced with proof of his unlawful or unwise conduct," in a statement by the City of Poway.
