News Scrapbook 1989

San Diego, CA. (San Diego Co.) San Diego Union (Cir. D. 217,089) (Cir. S. 341,840) HAY t 8 1989

the San Diego Bar Asrociation, said she does not oppose the county's re- lease policy and believes it does not hinder attorneys now in pursuing other claims. Some support for the county was offered by Jan Stiglilz, vice dean of the California Western School of Law. Open knowledge of settlements can trigger a ripple effect of nui- sance litigation, he said. He cited the hypothetical example of an employer who settles a wrong- ful termination lawsuit for $30,000, rather than spend $40,000 to fight it in court. If other fired employees know about it, then more suits could follow, regardless of their validity, he said. "It is a double-edged sword," Sti- glitz said of the county policy. With- out reasonable access the public may never know 'ii 1t IS throwing away money,' while open disclosure could be detrimental to 'protecting the public's money.'·· County Counsel Harmon said the county will agree to have court set- tlement records kept secret if it is conducive to ending a case, although several attorneys say that it is the county that requests such secrecy as part of the settlement agreement. Judith Fanshaw, an attorney for the Copley Press Inc , says the coun- ty's practice runs counter to court decisions making the settlement terms themselves public record, not merely the dollar amounts. National City attempted last year to keep secret the conditions of Its settlement with former Police Chief Terry Hart in his lawsuit over his dismissal. In March, a Superior Court judge ordered the city to dis- close the settlement agreement Fanshaw said the intent of the state's Ralph M. Brown Act, the open meeting law, is to have local govern- ments operate in public. Beyond the narrow exemptions cited public offi- cials are expected to carry on busi- ness in the open, she said. '"With hurdles like those set up by the county, bow would you even know when lhev've taken action lo settle a case'" she asked. 'There bas to be a reasonable process involved, or the business of government winds up being conducted 1n secreL" The law allows officials to discuss and determme a lawsuit settlement in private to avoid bemg put at a disadvantage in negotiations. While they are required lo announce their ultimate decisions on personnel mat- ters that are debated in private, the open meetings law makes no such requirement about litig" 10n ,ttle-

think the law should be expand- ed." Fellmeth said. 'By the time the case is finally settled, they've al- ready discussed it in private '. mean- ing action in public is bypassed. "Opinions can differ on wnat is ap- propriate," said one county attorney in Los Angeles. who asked to remam unnamed. "But we feel il is right lo disclose this, both from a legal stand- point and the public's right to know aOOut it." In response to inquiries on the issue, Golding said she was unaware of the difficulties involved by the public in retrieving settlement infor- mation. She said the issue should be examined by supervisors. "My position has always been that, when you make a decision to pay out public funds, that mlormatlon must be available to the public," she said. ''The people deserve to know how their money is bemg spent . Claims are increasing, and the money in- volved is becoming astronomical." Golding's concerns date back more than a year, when she sent Harmon a memorandum requesting the proce- dures followed by his office in releas- ing such mformation. "I feel strongly the settlements should be routinely released," she wrote. Three days later. on May 26, 1988, Harmon responded but did not specify the procedures. He said in his response that a re- view showed that the amount of a settlement lS a legal public record and is released "upon request." Except for Bilbray, other supervi- sors say they favor a lull accounting of lawsuit setllements, although they are uncertain on the best method to provide the public with the informa- tion. Ironically, the county's policy con- tinues at a time when the issue of its lawsuits and public liability is being elevated at the board level. Concern over litigation and claims by jail inmates was listed as a prime reason that the board ordered an in- vestigation into the Sheriffs Depart- ment last year. In an effort to improve accounta- bility of departments, supervisors this year will be apprised of claim totals paid out by departments as they evaluate the budgets for the next fiscal year. See County on Page B-7

ages.

Lawyers who were interviewed scoffed at Bilbray's explanation and description of their roles. They note that their clients have included vic- tims who have been injured, maimed or had relatives killed as a result of negligence, neglect or outright abuses by the county. Attorneys questioned whether the policy was not one of convenience for the county, lo spare officials from potentially embarassing lapses in su- pervision or judgment. They say that without public knowledge of what tax funds are being spent for in the litigation, offi- cials never have lo be held account- able for those decisions. Mismanage- ment and neglect could cost the pub- lic substantial sums, and yet those abuses would never have to be re- vealed. they say. George Weingarten, an attorney who has obtained many settlements for abused jail inmates, refers to the current practice as "star chamber" . "There isn't a iustification for keeping these under wraps," he said. "If you don't bring them out ... it becomes a way of not addressing the greater problems." Widespread abuses in the jail sys- tem were addressed by county Olli· cials only after claims and lawsuits escalated because of them. "You would assume that, ii the the county was doing its job, it would have known about 'Rambo squad' of (abusive) jail deputies long before at- torneys found out about them," Wein- garten said. In another recent case of neglect, a Weingarten client was awarded a settlement for bemg kept in jail 61 days beyond his release date. The reason was that a probation officer waited four months before filing a one-page report, the attorney said. Lawyers also challenge the argu- ment that settlement facts would bolster their odds in obtaining future settlements for others. "We share that concern, but it doesn't justify withholding informa- tion" said Orange County Counsel La~ence Watson. ''The other side is the public's right to know what we are spending their money on." proceedings. . . .

County policy mum --=uit settlements b) Gror e 1,(ynn, uorr Writer

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'lbtiimDl(gollnlan ~:::......=::!::.:~:,.:::~:.==::....._______ ..:;.:==-....::.......-e-- Cou ty: Supervisors !~~~~~7mine policy Sunday, May 28, 1989

Board Chairwoman Susan Golding 11a1d she will ask supervisors to re- view the e11Shng poltcy. She says she believes that accountability in gov- ernment calls for the reasonable ava1lab1!tty of mformation on settle- m nts. A survey of other large govern- ments in the region showed that siz- abl ltlement amounts are regu- larly d1sdoscd m public meeting ag nda. In San Diego County, that same in- formation can require a hunt involv- log exammahon of claims and court filings and dockets, knowledge of whether a lawsuit has even been filed or formally settled, and the n mes 1t was !tied under. With that, lhc paym nt warrant can be exa- mined m the county auditor's files r ieved from the county's claims' office You don't know what you don't know that's the problem, ' F llmelb said. The city of San Diego, by contrast, open Pubhc mformation items on City CounCJl agendas include the amount and a brief description of the c on any settlement of more than $20,000. We want to be open," said Ronald Johnson. senior chief deputy city at- torney for San Diego. "It has been that way long as I've been here, nd I've be n here 18 years " L-06 Angel County makes the in- formation pubhc on agendas for su- pcrvl30rs, who decide settlements on c 1nvolvmg more than $100,000. A claims board handles cases from $20.000 to $100,000. and also discloses lho$e ttlements on public agendas. lmilar pohc1 are the rule in RJvcrs1de and San Bernardino coun- ties San Diego County, however, be- lieves the public should not have uch ready public access lo settle- ment Information because it could benefit private attorneys who pursue l1t1gat1on against the county. "The I gal system 1s out or con• trol' sa1rl SupervlSOr Brian Bilbray. You have these vultures of altor- n hangrng around in the trees waiting for any excuse to swoop down on the public coffers . Per- sonal mJury lawyers are parasites .111Cir.ln2 oU lhe,symm •

Private attorneys said that regular seminars, professional publications, communications among lawyers and common sense keep them abreast on the state of litigation. Viriginia Nelson, president-elect of County: Spirit of the law questioned . 6 Z 9'S~ty is made responsible for the led to an August 1987 lawsuit filed Continued from B- gh ·t · t the county by survivors of "The information points to bow a bulk of a seblttlementtheven thou I ~ai~ul Hickman Broadley. He was d artm nt is being run" Golding bad mmor ame m e case. · h ep e · The first public indication of the $2 a_ surgeon at Mercy Hospital w o sa~te said the availability of settle- million settlement paid by the coun- died m a miolorcycleedacc1dent ~n Id be h I ful · ty in December 1988 came when the Nov. 9, 1986. t occurr on a coun Y ment information liwou th e t1 m board had lo transfer $500 000 into an road near the unincorporated area of educating the pub c on e pro ems . ' cb costs Boulevard. brought on by litigation agamst the ::~~tu:~n!:::' :r~!~~er about Tbe lawsuit cont~nded _ that .the co~nty. ts ust come from the the reason for the pending deficit in county had been negligent m d~ign- aymen m . th account county staff only re- ing the road and mamtainmg it and tax-supported general fund, reducmg le~ed to a' substantial settlement, failing to post a sign warning of a m9ney avaidlable for poGopulladr cou~1 with a mention that it involved the dangerous curve, which had caused services an programs,. mg sai · f other accidents. Terms of the Dec. 27 In addition she said disclosure death O a surgeon. d ed b th rt would show the county's difficulties Further research into newspaper settlement were o~ e\ y t e cou in "deep pocket" claims, in which the articles and county court documents to be sealed - or ep secre , Los Angeles.CA (Los Angeles Co.) Times

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San Diego, CA. (San Diego C~.) San Diego Union (Cir. D. 217,089) (Cir. S. 341,840) JUN - 1 1989

(San Diego Ed.) (Cir. D. 50,010) (Cir. S. 55,573)

JUN 2 - 1989

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~rial ofCross-Burning Students Urged

Thursday, June 1, 1989

By GENEYASUDA, Times /il'1Jt-Writer tate park authbrltf~f said Thursday that they will call for the prosecution of each of the 'l:1 Urjversity...QL.San Diego fraternity members who participated in a that threatened the rare trees of Torrey Pines State Reserve. Originally rangers said they would level ~emeanor charges only against one or two members of Sigma Chi fraternity-those con- sidered most responsible for the act. But upon further investigation of the incident that occurred on May 20, authorities determined that each participant is equally at cross-burning ritual last month "We feel that everyone who was there shares equal blame," said Jim Van Schmus, chief ranger for the San Diego Coast District, California Department of Parks and Recrea_- lion. "It was not an individual act, it The rangers are recommending that the city attorney charge each of the 'l:1 participants with two misdemeanor counts, committing a public nuisance, and building and using an illegal fire on the beach. van Schmus said the park au- thorities' report of the incident, fault · was a group act."

fiery cross, a symbol which Sigma Chi legend states is r~ted in a vision by Roman emperor Con- stantine, was not a good choice, and we regret our actions," the apology states. "We now realize that to the public this event can be perceived in different ways and we have no intentions of ever using it again." Members told police at the time that initiates make a list of their faults, then burn the list in the fire of the cross. Doean't Mean a Lot The fraternity also apologized for the carelessness in starting a fire in the natural reserve, which is covered with dry brush and is home to the rare Torrey Pine tree: Such apologies, however, did little to placate park authorities. . "It doesn't mean a lot to us al this point," Van Schmus said. "It was offensive to the commu- nity, and it interfered with the public enjoyment and use of Torrey Pines State Reserve. Beyond that, it endangered the plants and trees of Torrey Pines itself. The action we have taken, speaks for itself, about how we feel about this incident."

including prosecution recomme.n- dations, will be delivered to the city attorney's office early next week. "It will be up to the city attorney to review the report and determt!'e if there's enough evidence to. file these charges," Van Schmus said. If such action is taken, and the Irater- nity members are found guilt!, each participant could face a maxi- mum sentence of six months. m County J,ail and/or a maximum fme According to authorities, the Ira- ternity members entered the re- serve late at mght a~

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