Open Records Law Suit in California

Posted by: Curt Varone November 25, 2009 0

The Anderson Fire Protection District, in Anderson, California has been sued by The Record Searchlight to obtain an investigator's report on the conduct of its former fire chief. Attorney Walter McNeill, filed the lawsuit on behalf of the newspaper in Shasta County Superior Court seeking documents regarding  the district's investigation into ex-Fire Chief Joe Piccinini.

The Record Searchlight had previously sought information under the state's Public Records Act about the investigative report regarding allegations of mismanagement and misconduct of Piccinini, but were unsuccessful. Piccinini was placed on paid administrative leave in May, and resigned on July 1. The lawsuit alleges that the report is a public record, but fire protection officials say it falls under an exemption in the Public Records Act.

Neither Piccinini nor the fire board had offered an explanation for the resignation or the findings of the investigation, which cost the city $41,000.

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About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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