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By Michele Monda
A sound democracy depends upon transparent governance – something Laguna seems to be lacking lately . The California Public Record Act Request ( CPRA ) entitles the public to information from the City . Unfortunately , Laguna officials are using specious exceptions to deny the release of information to the public and press . For example : On Dec . 22 , 2022 a CPRA request was made for information regarding city manager Shoreh Dupuis ’ Nov . 16 , 2022 , cell-phone-while-driving traffic stop . Speculation about that stop indicates that Dupuis may have been attempting to influence the officer by
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claiming she was speaking with police chief Calvert and nullifying the stop . For clarity , a CPRA from the public requested phone records , dispatch records , body cam footage from the officer and emails relating to the stop .
By law , the City has 10 days to respond to a CPRA request . The City needed 14 more days . Then more time for redactions . It took 40 days to receive a response for a simple traffic stop CPRA . Why so long ?
The City hired an expensive , specialized Los Angeles law firm to handle this simple request . This case was seemingly too difficult for the City ’ s retained law , firm Rutan and Tucker , and city attorney Phil Kohn . Again , why go to all these lengths for a $ 20 infraction ?
This law firm only released two cell phone screen captures and three emails , which clarified nothing except that there was a lot of questionable activity conducted over a simple traffic stop .
On the day of the stop , Chief Calvert met with the citing patrol officer to discuss the citation issued to Ms . Dupuis . Hardly normal behavior for a $ 20 fine .
Then , after the CPRA was filed , City activity increased even more . Chief Calvert directed a Captain to “ explain ” additional facts using second-hand information to the citing officer . Then , the citing officer was told to meet with
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Chief Calvert and Dupuis for clarification regarding Dupuis ’ comments and his concerns about the integrity of her statements during the stop . This seems unusual . Since the city manager is the boss of the police , this certainly gives the appearance of favored treatment ¬ to Ms . Dupuis .
The City is stonewalling the release of documents that would prove one way or the other what happened that day . Ms . Dupuis gave her version of events in an email to the City Council . These stories are inconsistent when piecing together information from those familiar with the incident and the few documents the City released .
The law firm claims that information about a police investigation is exempt from the public . How does this simple $ 20 traffic stop justify secrecy and a police investigation ? The law firm never attempted to explain any harm that would be caused by release of the requested records . They just said no . One wonders what they charged .
The CPRA requested the phone records from the city manager ’ s Citypaid cell phone . Residents pay for that phone and have a right to see these records . There is no expectation of privacy on government electronics . So why won ’ t the City release this information ? If there ’ s nothing to hide because city
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manager Dupuis ’ version is correct , nor any identifiable and significant government interest that requires secrecy here , why not release the records ?
The lack of transparency and willingness to comply with what residents are legally entitled to from their city government is stunning in Laguna . This pushback , lack of transparency and deflection continues to this day ; at Tuesday ’ s City Council meeting , the city manager called out four residents by name for bullying and creating a “ hostile work environment ” for exercising their First Amendment and Brown Act rights to free speech , ask questions and scrutinize City officials ’ actions . How can residents , who do not work in City government , create a hostile work environment ? As a public official , the city manager should be above attempting to illegally call out and intimidate residents – which is its own form of bullying .
Residents deserve better than to be stonewalled , refused and dismissed , especially when it involves records that the public has a right to see . City Council – you can demand the release of these records . Please do so and step up for residents .
Michèle is a Laguna Beach resident , Treasurer of Sister Cities Association and actively follows City Hall activities .
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