SN&R's attorney on why K.J.'s shadow email network is a huge problem for the city of Sacramento
by Cosmo Garvin
Regular readers know that Mayor Kevin Johnson recently sued SN&R and the city of Sacramento. He did this to block release of a few hundred emails, from his staff’s private “OMKJ” Gmail accounts, which Johnson claims are protected by attorney-client privilege. The emails have to do with his attempted takeover of the National Conference of Black Mayors, and its subsequent bankruptcy.
In the process, Johnson exposed the extent to which he is hiding emails, which ought to subject to the California Public Records Act, from public view, and from the control of the City Clerk, City Manager and City Attorney.
SN&R talked with our attorney, Thomas R. Burke, about the problems with K.J.’s shadow email system. When we spoke late last week, Burke had just headed off an effort by Johnson’s lawyers—the Ballard Spahr law firm—to use their lawsuit to block release of any emails to SN&R, not just the ones the city had identified as being potentially sensitive attorney-client communication.
Let’s back up. Can you explain why Ballard’s initial request that SN&R change its public-records request was a problem? Why you knew immediately it was not appropriate?
There were two problems with what Ballard Spahr was requesting. First, they were—without any way for you to confirm it—asserting that the attorney-client privilege applied to documents that were somehow in the hands of the Sacramento city attorney. They wanted you to sign off in the abstract that you would not contest whether or not the records were protected by the attorney-client privilege without exception. Without any qualifications, without knowing anything about it, without knowing how many there were. Without knowing how the review process had been done without knowing whether the privilege had been waived. Without anything.
And they did it while threatening the newspaper with litigation. That’s never appropriate, in my book. You don’t threaten reporters for simply doing their job and for not agreeing in advance in the abstract to something that will, SN&R's attorney on why K.J.'s shadow email network is a huge problem for the city of Sacramento - Page Burner - July 16, 2015 - Blogs - Sacramento News & Review:
