Bay Area News Group

The Bay Area News Group is taking issue with the Peralta Community College District over records regarding a potential conflict-of-interest case with the district. BANG filed suit in Alameda County Superior Court Monday in an effort to have the documents declared public, which would allow reporters to access them.

At issue is a report by Peralta Inspector General Gail Waiters about a $940,000, no-bid contract awarded to oversee construction at Oakland's Laney College. It was given to a developer who happens to be a business partner of Chancellor Elihu Harris.

Also sought are records about ensuing disciplinary action taken against employees after the issue first surfaced in the media in July. Although courts have a history of declaring these types of records public, Peralta disagrees.

From the Contra Costa Times (part of the BANG chain):

Peralta attorney Thuy Nguyen told the news group Oct. 1 that the district could keep the documents secret because they are personnel records and involve attorney-client communication and attorney work.

Both sets of records should be public, said Tom Newton, general counsel for the California Newspaper Publishers Association. The California Public Records Act does not allow public agencies to hide Waiters' report from taxpayers, he said, and appeals courts have ruled repeatedly that disciplinary records are public.