Judge rules, favors open public records

Shasta County Superior Court District 4 Judge Monica Marlow ruled early Monday, Dec. 14, in favor of open public records in a lawsuit filed by the Redding Record Searchlight to obtain a sealed investigator's report from the Anderson Fire Protection District.

The newspaper, represented by Redding attorney Walter P. McNeill, filed suit seeking the release under California's Public Records Act of an investigator's report into allegations of mismanagement by the district's former Fire Chief Joe Piccinini, who resigned July 1.

Representing the fire district and arguing that the investigator's report was a confidential personnel file was attorney Michael Fitzpatrick, also of Redding, who briefed the fire district's board of directors during a meeting Tuesday, Dec. 8.

Since Piccinini's resignation, three of the district's board members were replaced Dec. 4 when voters in November elected two incumbent board members, a retired fire chief and two community business owners to the district's first independently-elected board since it was founded in 1889.

Fitzpatrick and the previous fire board contended that the report should remain sealed in Piccinini's confidential personnel file and released only under a judge's orders.

The fire board heard in open session only from Fitzpatrick, who gave brief descriptions of three separate attempts, one successful, to release copies of the investigator's report.

In late October, the Shasta County Grand Jury obtained a copy of the investigator's report after the presiding judge ruled that the Grand Jury was entitled to the information, Fitzpatrick said.

"The district took every reasonable action to protect the record as confidential," he said.

Prior to filing its lawsuit, the Record Searchlight made two requests for the district to voluntarily turn over the report. The Valley Post also made a similar request.

All three requests were denied, with Fitzpatrick explaining that the California Firefighters Bill of Rights allows the district to withhold certain information from public view since the "subject of the investigation (Piccinini) and the policies he was implementing are something of the past. He has resigned and the district is moving forward, implementing whatever charges they deem necessary to minimize liability exposure to the district," Fitzpatrick responded to a series of legal arguments filed by McNeill in anticipation of the 8:30 a.m. court trial.

"The interviews contain information which questions the judgment and integrity of the former chief, information which involves hearsay and personal opinions which have not been found to be substantiated by any administrative or judicial body," Fitzpatrick's response to McNeill's brief continues.

Furthermore, the Fire Fighters Bill of Rights "requires a grant of immunity should any firefighter be required to answer potentially incriminating questions during an administrative inquiry," Fitzpatrick's response further argues.

More specifically, Chief Piccinini during his administrative interrogation by Neil Purcell, was clearly advised "that while he had the right to remain silent, such silence may be deemed insubordination leading to administrative discipline, including termination," Fitzpatrick's reponse informed the judge.

The third request for the district investigator's report involves a third entity that is seeking information regarding the matter.

That entity was identified Monday as the office of Shasta County's District Attorney Jerry Benito, acting on behalf of a Redding Police Department investigation to determine whether Piccinini committed any criminal offense.

"As part of that investigation, obviously we would want any report that is related to the conduct at that agency," Benito said.

Piccinini declined to comment about the release of the report, and he deferred to his attorney, Daniel Thompson. Not present at Monday's hearing, Thompson was still gathering legal documents from the hearing and was "still evaluating legal options" that could potentially lead to an appeal, he said in a phone interview Monday afternoon.