Thanks to our friend and contributor Lonnie Machin’s recent posts on this blog, the City of Fullerton has decided to send a Cease and Desist letter threatening me and “Friends for Fullerton [sic]” with legal action.
The letter in it’s entirety is as follows:
Joshua Ferguson
Friends for Fullerton
Re: Cease and Desist – City of Fullerton Police DepartmentDear Mr. Ferguson,
It has come to the attention of the City of Fullerton that you have recently published on your website documents which have clearly and undoubtedly been sourced from the confidential personnel files of several current and/or former Fullerton Police Officers. The State of California has statutorily recognized this right of confidentiality. (See Penal Code §§ 832.5, 832.7 and 832.8.) Any disclosure of such confidential records is strictly limited and must be authorized by a court order from a Superior Court judge. (See Evidence Code §§ 1043-1047; Pitchess v. Superior Court(1974) 11 Cal.3d 531 and its progeny.) Indeed, the Fullerton Police Department has an affirmative duty to resist attempts at unauthorized disclosure and the officers who are the subject of such records expect their right of privacy will be respected. (See Craig v. Municipal Court for the Inglewood Judicial District et al. (1979) 100 Cal.App.3d 69.) Finally, the improper disclosure of such records is prosecutable as a misdemeanor violation of law under Government Code section 1222 (See Attorney General Opinion, 82 Op. Att’y Gen. 246 (1999).) Any person facilitating the illegal disclosure of such documents in violation of the law may be prosecuted as either a principal in that crime or as an aider and abettor.
For all these reasons the City of Fullerton demands you immediately:
1. Remove these Confidential Documents from Your Blog within one hour of your receipt of this e-mailed cease and desist letter;
2. Refrain from posting any other Confidential Documents illegally obtained to Your Blog in the future:
3. That you immediately send to our office within 24 hours all Confidential Documents you and your employees have in your possession. You are also instructed not to make any copies of the Confidential Documents in any form (including but not limited to electronic, imaged, hard copies, etc.)
3. That you immediately delete all electronic copies of the Confidential Documents in your and your employees’ possession.
Your failure to follow these instructions can result in legal action being taken against Friends for Fullerton’s Future wherein the City will seek all necessary legal remedies.
We require your immediate compliance with this cease and desist letter. Notify the undersigned of your compliance with the above within 24 hours of your receipt of this correspondence.
Thank you for your prompt attention to this matter.
Gregory P. Palmer
City Prosecutor
City of Fullerton