Anchor ads are not supported on this page.

4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs

San Diego Unified stonewalls Sally Smith

Citizen on a mission sues district for violating state public records act

Marne Foster
Marne Foster

San Diego Unified School District is discriminating against a student advocate in her quest to obtain public records, says a newly filed lawsuit filed on behalf of San Diego resident Sally Smith.

Over the past six years, Smith has been dogged in her quest to end illegal school fees and raise awareness of poor investigations into sexual assaults and other abuses within the country's eighth-largest school district.

To help in her quest, Smith regularly submits public records requests to the district. Oftentimes, those requests are met with resistance from school officials.

Sponsored
Sponsored

In November 2014, Smith sued the San Diego Unified School District after she was denied access to log on to district computers to view public documents that are only offered on those certain computers. While that case continues to make its way through court, Smith has filed a new lawsuit.

On May 24, attorney Paul Boylan, who specializes in public records law, filed a lawsuit on Smith's behalf after the district refused to hand over legal bills that the district paid to outside counsel who were advising school-board members on the controversy surrounding former trustee Marne Foster.

In December 2015, Foster was accused and later pleaded guilty to accepting gifts from a fundraiser she threw for her son. Foster had also come under fire for her role in filing a claim against the district for her son.

In response, the district hired legal firm DLA Piper to look into the alleged abuses of power. But a short time later, trustees voted to suspend the legal contract after the San Diego County district attorney announced that a criminal investigation had been launched. On March 8, trustees approved paying DLA Piper $34,000 for work leading up to the D.A.’s investigation.

Smith wanted to see the invoices for legal work, documents that are typically available under California's public records law. Nine days after filing her request, the district responded by stating there were "no non-privileged documents responsive to your request."

Days later, Smith responded, "This is not a legal document. It is a standard request for payment detailing what taxpayers paid for. I made the request...just a few days after the San Diego Unified School Board approved paying the bill."

Again, the district refused: "...[T]here are no non-privileged documents responsive to your request. More specifically Government Code 6276.04 protects attorney client communications, in addition to Section 6068 of the Business and Professions Code and Sections 952 and 954 of the Evidence Code."

Smith once again contacted attorney Boylan to file a lawsuit.

Boylan says that the district has perpetually violated the state public records act and is essentially discriminating against Smith.

"This case is simple," Boylan wrote in a May 26 email. "Smith wants to examine invoices for legal services paid for with taxpayer dollars. It's an important issue, and the public has the right to examine this and any spending. In my opinion San Diego Unified is willfully violating state public records law by denying citizens like Smith their right to access and examine public documents....

"All my client asked for is copies of invoices for legal services that were paid for with public tax dollars. [Smith] did not ask for any attorney/client communications, just basic invoices with dates, payments, et cetera. Instead of turning over these invoices, even redacted ones, the district chose to flat out refuse to produce anything, and this blanket refusal will result in a waste of taxpayers’ dollars."

The latest copy of the Reader

Please enjoy this clickable Reader flipbook. Linked text and ads are flash-highlighted in blue for your convenience. To enhance your viewing, please open full screen mode by clicking the icon on the far right of the black flipbook toolbar.

Here's something you might be interested in.
Submit a free classified
or view all
Previous article

Conservatives cry, “Turnabout is fair gay!”

Will Three See Eight’s Fate?
Next Article

The danger of San Diego's hoarders

The $1 million Flash Comics #1
Marne Foster
Marne Foster

San Diego Unified School District is discriminating against a student advocate in her quest to obtain public records, says a newly filed lawsuit filed on behalf of San Diego resident Sally Smith.

Over the past six years, Smith has been dogged in her quest to end illegal school fees and raise awareness of poor investigations into sexual assaults and other abuses within the country's eighth-largest school district.

To help in her quest, Smith regularly submits public records requests to the district. Oftentimes, those requests are met with resistance from school officials.

Sponsored
Sponsored

In November 2014, Smith sued the San Diego Unified School District after she was denied access to log on to district computers to view public documents that are only offered on those certain computers. While that case continues to make its way through court, Smith has filed a new lawsuit.

On May 24, attorney Paul Boylan, who specializes in public records law, filed a lawsuit on Smith's behalf after the district refused to hand over legal bills that the district paid to outside counsel who were advising school-board members on the controversy surrounding former trustee Marne Foster.

In December 2015, Foster was accused and later pleaded guilty to accepting gifts from a fundraiser she threw for her son. Foster had also come under fire for her role in filing a claim against the district for her son.

In response, the district hired legal firm DLA Piper to look into the alleged abuses of power. But a short time later, trustees voted to suspend the legal contract after the San Diego County district attorney announced that a criminal investigation had been launched. On March 8, trustees approved paying DLA Piper $34,000 for work leading up to the D.A.’s investigation.

Smith wanted to see the invoices for legal work, documents that are typically available under California's public records law. Nine days after filing her request, the district responded by stating there were "no non-privileged documents responsive to your request."

Days later, Smith responded, "This is not a legal document. It is a standard request for payment detailing what taxpayers paid for. I made the request...just a few days after the San Diego Unified School Board approved paying the bill."

Again, the district refused: "...[T]here are no non-privileged documents responsive to your request. More specifically Government Code 6276.04 protects attorney client communications, in addition to Section 6068 of the Business and Professions Code and Sections 952 and 954 of the Evidence Code."

Smith once again contacted attorney Boylan to file a lawsuit.

Boylan says that the district has perpetually violated the state public records act and is essentially discriminating against Smith.

"This case is simple," Boylan wrote in a May 26 email. "Smith wants to examine invoices for legal services paid for with taxpayer dollars. It's an important issue, and the public has the right to examine this and any spending. In my opinion San Diego Unified is willfully violating state public records law by denying citizens like Smith their right to access and examine public documents....

"All my client asked for is copies of invoices for legal services that were paid for with public tax dollars. [Smith] did not ask for any attorney/client communications, just basic invoices with dates, payments, et cetera. Instead of turning over these invoices, even redacted ones, the district chose to flat out refuse to produce anything, and this blanket refusal will result in a waste of taxpayers’ dollars."

Comments
Sponsored

The latest copy of the Reader

Please enjoy this clickable Reader flipbook. Linked text and ads are flash-highlighted in blue for your convenience. To enhance your viewing, please open full screen mode by clicking the icon on the far right of the black flipbook toolbar.

Here's something you might be interested in.
Submit a free classified
or view all
Previous article

Conservatives cry, “Turnabout is fair gay!”

Will Three See Eight’s Fate?
Next Article

WAV College Church reminds kids that time is short

College is a formational time for decisions about belief
Comments
Ask a Hipster — Advice you didn't know you needed Big Screen — Movie commentary Blurt — Music's inside track Booze News — San Diego spirits Classical Music — Immortal beauty Classifieds — Free and easy Cover Stories — Front-page features Drinks All Around — Bartenders' drink recipes Excerpts — Literary and spiritual excerpts Feast! — Food & drink reviews Feature Stories — Local news & stories Fishing Report — What’s getting hooked from ship and shore From the Archives — Spotlight on the past Golden Dreams — Talk of the town The Gonzo Report — Making the musical scene, or at least reporting from it Letters — Our inbox Movies@Home — Local movie buffs share favorites Movie Reviews — Our critics' picks and pans Musician Interviews — Up close with local artists Neighborhood News from Stringers — Hyperlocal news News Ticker — News & politics Obermeyer — San Diego politics illustrated Outdoors — Weekly changes in flora and fauna Overheard in San Diego — Eavesdropping illustrated Poetry — The old and the new Reader Travel — Travel section built by travelers Reading — The hunt for intellectuals Roam-O-Rama — SoCal's best hiking/biking trails San Diego Beer — Inside San Diego suds SD on the QT — Almost factual news Sheep and Goats — Places of worship Special Issues — The best of Street Style — San Diego streets have style Surf Diego — Real stories from those braving the waves Theater — On stage in San Diego this week Tin Fork — Silver spoon alternative Under the Radar — Matt Potter's undercover work Unforgettable — Long-ago San Diego Unreal Estate — San Diego's priciest pads Your Week — Daily event picks
4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
Close

Anchor ads are not supported on this page.

This Week’s Reader This Week’s Reader