CalAware Today: Judge: CSU Stanislaus Must Release Palin Contract

PUBLIC INFORMATION -- California State University Stanislaus violated its duties under the state’s public records law and must release the CSU Foundation's speaking contract with former Alaska Governor Sarah Palin, as well as its own costs for the July 20th event, a judge has ruled.

Stanislaus County Superior Court Judge Roger M. Beauchesne, in an order filed Monday, August 23 and received in the mail today by the parties, issued the declaratory judgment sought by Californians Aware (CalAware) concluding that:

“the University failed to produce any public records called for by (CalAware’s) request until after the initiation and service of the instant lawsuit, which records established that the University did possess public records responsive to the request as of . . . April 6 . . .
“the University’s failures to follow the California Public Records Act, and to produce records when and as requested, whether deliberate, negligent or inadvertent, constitute violations of its obligations under the California Public Records Act, which contains no requirement that bad faith or a similar mens rea be proven in order to establish an actionable violation. . .
“the reasonable inference from the evidence produced is that the University, in its official capacity, has ‘used’ the contract between the Washington Speaker’s Bureau (with Ms. Palin and the CSU Foundation) in the conduct of the public’s business; therefore, said contract is also a public record and should have been produced to Petitioner.”

Judge Beauchesne was referring to evidence contained in an e-mail eventually made public by the University showing that CSU Chancellor Charles Reed was aware of the fee contracted to be paid to Palin for her speaking appearance at the July 20 celebration of the campus’s 50^th Anniversary Gala.

The judge also granted CalAware a writ of mandate requiring the University to release the contract as well as any so far unreleased “documentation related to the use of University property, personnel, facilities or services provided in connection with the Gala for which the University sought or will seek reimbursement from the Foundation.” He found, however, that the Foundation itself was not subject to the Public Records Act.

Finally, Judge Beauchesne ordered the University to pay CalAware the costs and attorney’s fees it incurred in bringing the lawsuit.

Attorneys Kelly Aviles, CalAware President Dennis Winston, and CalAware General Counsel Terry Francke, all of whom represented CalAware in the lawsuit, issued the following joint statement:

"We are very pleased with the decision. Judge Beauchesne, who had taken the matter under submission on August 2^nd, carefully considered the arguments of all the parties. Ultimately, he correctly sided with the public's right to be informed about how its money is being spent. This ruling upholds California citizens' right to maintain oversight and control of their government. Public oversight is the only way that citizens are assured that public money is handled in an appropriate matter. We are hopeful that this will prompt CSU to reevaluate the way in which it handles public records requests in the future."