Judge, Orange County Superior Court (Ret.)

Hon. MARY FINGAL SCHULTE

  • Dispute whether public entity has a duty to identify and produce “public records”, as defined by California Public Records Act, that reside on private email servers and drives, controlled by its elected and appointed representatives, when the City publishes their non-City email addresses as its approved means of contacting them. Specific question was: Does the City have a duty to identify and produce calendar entries of its elected and appointed representatives that document dates, participants, times, and topics of activities relation to non-deliberative City business, even if such entries are not physically located on City property but are within the physical or electronic possession or control of its representatives?
    Issue was whether public employees doing work on private email servers are subject to PRA.

PUBLIC RECORDS ACT / BROWN ACT

Representative Cases