ENCINITAS — A San Diego-based news organization has filed a lawsuit against the City of Encinitas, alleging the city unlawfully withheld public records tied to a $65,000 settlement paid to a former city employee who claimed she was harassed and retaliated against after filing an internal complaint.
Voice of San Diego, a nonprofit media outlet, filed a petition for writ of mandate on Oct. 10 in Vista Superior Court, seeking to compel the city to release records under the California Public Records Act related to the settlement first reported by The Coast News in August.
The lawsuit claims that the city improperly withheld documents related to alleged employee misconduct, including investigative and disciplinary records. Scott Lewis, CEO and editor-in-chief of Voice of San Diego, said the organization filed the lawsuit after repeated efforts to obtain documents related to the settlement proved unsuccessful.
“We’re always advocates for transparency and helping the public understand what’s happening,” Lewis told The Coast News. “We know there was a female employee who made accusations and that the city settled with her. Typically, records related to a settlement and the underlying allegations are accessible, and in this case, we haven’t been able to get anywhere with the city.”
The lawsuit stems from a public records request submitted Aug. 18 by Voice of San Diego reporter Tigist Layne, seeking “all claims and related materials” connected to The Coast News article, “Encinitas pays $65K to ex-city employee who claimed complaint led to firing,” which details the settlement.
The city provided a four-page settlement agreement but withheld all other records, citing several exemptions, according to the complaint.
Felix Tinkov, an attorney representing Voice of San Diego, wrote that the city’s refusal to release additional records “withholds, delays, and obstructs public record disclosure … vital to the public’s understanding of how the city performs the people’s business.”
As previously reported by The Coast News, the settlement resolved a complaint filed by a former city employee who alleged she was subjected to sexual harassment, discrimination and retaliation. The agreement required the city to pay the former staffer $52,000 in settlement funds and $13,000 in wages, and to post workplace harassment notices at all city worksites.
The agreement states that the city admits no wrongdoing.
Voice of San Diego argues in the complaint that the public has a right to review records documenting how the city handled the allegations. Additionally, Lewis said the outlet seeks to determine whether additional records exist and what information should be available to the public.
“We want to know if there’s more and what the public should have access to,” Lewis said.
The city “expressly” denied the allegations in a Nov. 12 court filing, arguing that related documents were refused on valid legal grounds.
In its response to the lawsuit, the city argues that the withheld materials are exempt from disclosure under privacy protections, personnel-file exemptions, the attorney-client privilege, and state and federal laws governing discrimination and employment records.
The city further contends it “has fully complied with its disclosure obligations under the CPRA.” The city did not immediately respond to a request for comment because its offices were closed for the holiday.
“Sometimes the Public Records Act requires litigation, and we’re prepared to keep pursuing the records until we understand something different,” Lewis said.
The case has been assigned to Judge Earl H. Maas.
