Redding Record Searchlight
November 10, 2009
By Jim Schultz
The Record Searchlight on Monday sued the Anderson Fire Protection District to obtain an investigator’s report on the conduct of its former fire chief. Redding attorney Walter McNeill filed the lawsuit in Shasta County Superior Court on behalf of the newspaper and seeks release of a document focusing on the district’s investigation into ex-Fire Chief Joe Piccinini.
Hired by the fire protection district in October 2007, Piccinini was placed on paid administrative leave in May as an investigator looked into allegations of mismanagement and misconduct.
Piccinini resigned on July 1 and neither he nor the fire board have offered an explanation of the resignation or disclosed the findings of the investigation, which cost $41,000.
The Record Searchlight sought release of the information under the state’s Public Records Act, but the district denied the request.
“The district and its board have since withdrawn behind a veil of silence, while unlawfully refusing to release the investigative report despite requests from the public and the newspaper,” the lawsuit states.
The lawsuit says that the report is a public record, but fire protection officials say it’s exempt from the Public Records Act.
Redding attorney Michael Fitzpatrick, who represents the fire protection district, said Monday that the district isn’t willing to release the report unless ordered to do so by a court order.
“The district really has nothing to hide,” he said. Rather, the district is trying to balance the need to remain transparent while also protecting the privacy rights of those involved.
He said he and the fire board believe the report is a personnel issue and should remain confidential.
Record Searchlight Editor Silas Lyons has said that the newspaper has won similar cases against the city of Redding in April 2008 and against the Dunsmuir Union High School District in January 2007. Both cases involved investigations of top public officials.
“We recognize that as this community’s newspaper, it’s our role to protect access to public records and make sure government can’t operate behind closed doors,” Lyons said. “Although I’m disappointed it had to go to court, I hope we can resolve this quickly and at minimal expense to the taxpayers.”
A court hearing hasn’t yet been scheduled.
Copyright 2009 Scripps Newspaper Group 2009 The E.W. Scripps Co.