Shasta County again ordered to give up sheriff's office report officials claim is secret

A Shasta County Superior Court judge on Monday ordered county officials, for the second time, to relinquish documents they have kept secret from the public for nearly two years.

The ruling comes after the Record Searchlight sued Shasta County last year to obtain documents relating the management of the sheriff's office in 2021, while Eric Magrini was sheriff.

The newspaper had asked for a copy of an investigative report the sheriff’s command staff had requested following complaints against Magrini.

Dig deeper: 'Pure aggression': Shasta County fires back at Record Searchlight in documents case

The paper also sought communications among top county officials, including the Board of Supervisors, the county executive officer and Magrini, pertaining to the investigation, Magrini’s resignation in June 2021 and his decision to take the newly-created job of assistant CEO.

In his ruling, Judge Stephen Baker also ordered the county to comply with the Record Searchlight’s request for written communications among top county officials that led to the appointment of Michael Johnson as sheriff in July 2021.

On Monday, Baker gave the county five days to hand over the records the newspaper requested under the California Public Records Act.

County Counsel James Ross tried to explain why the county would need more time to comply with the ruling, claiming there could be as many as 20,000 documents the county would need to review.

“How is it possible that you haven’t already done that?” Baker asked Ross.

The Record Searchlight’s attorney, Walt McNeill, wondered how the county could claim all the documents were exempt from release to the public if it had not previously reviewed them to determine they were private.

"They have been sleep-walking this case, pretending they would not have to produce the documents," McNeill said outside court.

In response to the newspaper’s records request last year, former County Counsel Rubin Cruse said his office had done a preliminary review of the records on hand and said they were exempt from release due to privacy concerns and attorney-client privilege, McNeill told Baker.

“My point here is this is not brand new to the county,” McNeill told the judge. “I don’t accept the proposal that we’re starting out brand new.”

Read more: 'Pure aggression': Shasta County fires back at Record Searchlight in documents case

The newspaper submitted four separate Public Records Act requests in 2021 and 2022. After the county turned down all of them, the paper sued the county in July 2022.

The county and the Record Searchlight went to trial in January 2023 on whether the documents are exempt from release to the public. And on April 10, Baker ruled that the county must relinquish the records, giving the county 15 days to comply.

Instead of turning over the documents, the county asked for a delay in the judge’s ruling and requested either the judge reverse his ruling or hold a new trial. Baker denied everything the county asked for.

Baker also denied the county’s request to have the Record Searchlight pay for costs to locate the materials the newspaper sought.

Read more: Judge again tells Shasta County to hand over public records to the Record Searchlight

Even after the judge ordered the county to relinquish the materials, the county remained defiant, sending out a press release last week explaining why it continued to fight to keep the information under wraps.

“The county recognizes the importance of transparency. However, by law, there are limits to the right of access to public records, and there are equally important concerns that must be considered when deciding what records to make available,” the press release said.

After Monday’s court hearing Ross declined to comment on the judge’s ruling.

After Baker receives the documents, he will make redactions to protect the privacy of some information. The county will also have the opportunity to propose deleting information, but will be required to identify the general nature of the material it wants removed and why it is blacked out.

The Record Searchlight will have five days to object to the county's proposed redactions. Under the judge's order, after redactions are complete, the county must turn over the records to the Record Searchlight.

McNeill said the county has 20 days to appeal Baker’s decision, but officials may need to file an appeal sooner than that. The county would need to ask an appeals court to stay the judge’s decision before the records are released to the newspaper.

Reporter Damon Arthur welcomes story tips at 530-338-8834, by email at damon.arthur@redding.com and on Twitter at @damonarthur_RS. Help local journalism thrive by subscribing today!

This article originally appeared on Redding Record Searchlight: Shasta County again ordered to give up secret sheriff's office report