KMAX: News of the West

Bay Area paper wins legal fees in public records case

SACRAMENTO (AP) The state health department and four of its unions must cover the legal bills of a Walnut Creek-based newspaper that ended up in court after the officials tried to block release of employee disciplinary records, a judge has ruled.

The Contra Costa Times said the ruling on Wednesday by Sacramento County Superior Court Judge Talmadge R. Jones will let it recover the more than $42,000 it spent persuading the judge that the records should be made public.

The newspaper's lawyer, Karl Olson, also said the judgment against the Department of Health Services and its labor unions was significant because the court recognized that ``third parties'' in this case, the unions could be held liable for trying to block a public records request.

In April 2002, the paper requested disciplinary records regarding Gilbert A. Martinez, the health department's former chief inspector who had been accused of conflict of interest. Although the department agreed to release the information, it notified the unions of the newspaper's request and they subsequently filed motions to block the move on privacy grounds.

In January, however, Judge Jones ruled that the unions' privacy concerns did not trump the public's right to know.

In finding for the Contra Costa Times on the legal fees issue, Jones said the newspaper's action ``conferred a significant benefit on the public at large by vindicating the right of the press to investigate the manner in which state agencies conduct their business.''

The newspaper argued it was entitled to recover its court costs under the portion of the Public Records Act that makes those who delay the release of records liable for legal costs.

The ruling will ``have a chilling effect against people trying to protect their rights to privacy,'' said Nancy T. Yamada, who represents the California State Employees Association.

(