After initially denying a public records request made by the Taft Independent, City Attorney Cathy Gibson has allowed the release of a claim form filed by Councilman Cliff Thompson alledeging defamation of character by city staff and claiming $500,000 damages against the city.
Thompson had filed the claim form on December 1st by mail with the Taft City Clerk. The form is a public document once it is filed with the city.
The Independent filed a public records request with City Clerk Louise Hudgens asking for a copy of the claim form on December 8th. On December 10th, in a letter to the Independent, Hudgens said that the documents were exempt from disclosure under Government Code 6254(b) because of pending litigation and that the city would not make the form available.
The letter noted that the person responsible for the denial of the request was City Attorney Cathy Gibson.
The Independent reported the $500,000 claim against the city filed by Thompson on its website on December 9th, and in its Friday, December 11th printed edition.
On the claim form, Thompson cites defamation of character against himself by 3 city employees; City Manager Bob Gorson, City Clerk Louise Hudgens and Human Resources Manager Denise Hoffman.
Thompson is seeking $500,000 in damages from the city.
Thompson wrote that he calculated the $500,000 damages figure due to a "Potential Loss of Character."
Thompson provided a copy of a Taft Independent news story with the claim form that quoted Hoffman and Gorson in the story.
Hoffman was quoted in the story saying that "Thompson has spent a lot of time at city hall, and it has brought moral down to the lowest it has ever been."
Gorson was quoted as saying, "It better end soon."
Thomspon is also claiming that he was not properly provided with several public documents he requested from Hudgens.
The Independent contacted several city attorneys, and an attorney with the California Newspapers Publisher Association and asked about the legality of denying the requested document.
All confirmed that a claim form is a public document and in each instance cited a 1999 California Appellate Court Case that confirmed that claims forms are not exempt for public disclosure.
Most California city websites post the claim form, and in several case the forms are labeled with the statement, " This Form is a Public Document."
The City of Taft form does not contain the statement.
The Appellate Court Case, Poway Unified School District v. Superior Court declared, "A claim filed under Cal. Gov't Code 910, including the actual claim form itself, is not exempt from disclosure...under Cal. Gov't Code 6254(b)".
On Monday, December 14th the Independent made a second request for the document, providing Hudgens with documentation showing that that the claim form was not exempt under the Public Records Act.
On Tuesday, December 15th, Hudgens contacted the Independent and said that Gibson had approved making the claim form and other related documents available to the Independent.