Question
I cover city council meetings for a weekly newspaper in Northern California. City Hall will not release names or addresses for those exceeding city water rationing requirements. The city is in a declared water emergency. I can get a list of high users identified as residential or business water users like motels or restaurants, but no names.
What gives? I think I should be able to see names. It is a sale of water from a municipality to an individual and I cannot think of what protections that would have….
Answer
As for your question regarding the names or addresses of those exceeding city water rationing requirements, unfortunately there is a specific exemption under the California Public Records Act that exempts from disclosure “the name, credit history, utility usage data, home address, or telephone number of utility customers to local agencies,” though it goes on to state that such information may be made released “[u]pon determination by the local agency that the public interest in disclosure of the information clearly outweighs the public interest in nondisclosure.” Gov’t Code 6254.16(f).
Given the burden that the non-payers are costing the rest of the community, there would seem to be a strong argument that the public interest in disclosing the names of the deadbeats outweighs the public interest in withholding them.
Unfortunately I could not find a published opinion on this particular exemption, so there is not much guidance from the case law on the particular factors the court weighs in making a decision.
All of that said, it may still be worthwhile to submit a public records request. For your initial missive, I would recommend sending the city a written request specifically describing the records that you seek. You probably should NOT say anything about the exemption, or why the city should release the records per the balancing test under 6254.16(f), in your first written request.
Under the Public Records Act, the city should respond to your request within 10 days, letting you know whether it will release the records or not, and if not, exactly why (citing the specific exemption and describing how it applies to the records that you seek). Gov’t Code 6253(c).
After you hear back from the city, you can then make your case with respect to the public interest in releasing this information, if necessary. Perhaps the city will realize that putting utility deadbeats to shame may actually help close the gap on unpaid bills, or at least motivate residents in the future to stay current on payment lest they be given a scarlet D to wear around their neck in the form of their name in the paper.
You can find a sample PRA request letter on the FAC’s website, available at http://ift.tt/1jmHASg.
Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.
Asked & Answered posts should not be relied on as legal advice, and FAC makes no guarantees about their completeness or accuracy. All posts carry a date of publication that readers should take note of in assessing their usefulness, given that laws and interpretations of them may change over time. Posts predating Jan. 1, 2023, that discuss the California Public Records Act may contain statute numbers no longer in use. Please see this page for a table showing how the California Public Records Act has been renumbered.