We just received the order from the court of appeal denying the City's petition for an extraordinary writ and lifting the stay.
A few events to remember
- Staff gets bound reports that say "FINAL" on their cover. They are dated March, 2010.
- Encinitas City Engineer Kipp Hefner writes Calaware on June 16th, 2010:
I received your request to view the Pavement Management Report. Right now it is in only draft form and is not available to the public. It will become available to the public when the report is finalized.
- City Manager says the document is just a draft and the public is too stupid to look at "draft" documents.
- Calaware asks for legal clarification, because their initial justification sounded good but was actually really flaky.
- Staff continue to speak about the draft exemption clause as the justification; city attorney quietly waffles the justification to, the "It benefits the public for us to keep the document secret" justification.
- Cummins asks the Mayor to explain why it benefits the public's interest to keep such documents a secret. Mayor refuses to answer.
- Cummins writes a published editorial warning that a lawsuit might follow if a solid explanation is not presented.
- Tony Kranz calls the city out on its attempted B.S. spin job. He tells the council publicly that the document was done long ago and should be released.
- Council doesn't budge.
- Cummins files suit, knowing that nobody likes someone who sues their hometown.
- The effort forces the city's hand and the released "Final" road report shows why the city wanted to keep the document from ever coming out.
- Final Road Report was dated March 2010. It was due by September 2009.
- Judge Casslerly tells city to release the draft report and correspondence with the consultant.
- City files an appeal
- After it files, THEN the council officially votes to file an appeal.
- Appeals court tells the city to release the report and the communications with the consultant.