| Industry supports Tracy Press’ records fight The Tracy Press will file today a writ petition on an adverse Public Records Act ruling that denied it access to records concerning the public’s business solely because the communications were initiated from or received by a private email account. CNPA and many of its members, large and small, are joining an amicus brief in support of the newspaper. To encourage broad support, a special low fee has been established for community newspapers.
The Tracy Press sought access to emails between certain counsel members and the Lawrence Livermore National Lab. Communications involving one counsel member were sent from and received by her home email account and were withheld. The court held that an email about government business, received by a city council member in her personal email account, is not a public record. The reasoning appears to be that an individual council member is not a "local agency," therefore that person's possession of an email, without more, cannot be ascribed to the full council or to the city.
Duffy Carolan and Rochelle Wilcox of Davis Wright Tremaine are writing the industry brief. Because the brief will be filed Monday afternoon, Duffy (415) 276-6585 or duffycarolan@dwt.com or Rochelle (916) 962-0677 or rochellewilcox@dwt.com must receive your commitment to participate no later than noon on Monday, September 17. Please contact General Counsel Tom Newton at (916) 288-6015 for more information about this important effort. | 
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