A lawsuit challenging the county’s method for allowing access to
public records was denied by a judge in the San Benito County
Superior Court.
Visiting and retired Judge Alan Hedegard ruled against
petitioner Gary Baley, of Pacific Grove, who owns a business that
publishes an array of public records in San Benito, Monterey and
Santa Cruz counties.
A lawsuit challenging the county’s method for allowing access to public records was denied by a judge in the San Benito County Superior Court.
Visiting and retired Judge Alan Hedegard ruled against petitioner Gary Baley, of Pacific Grove, who owns a business that publishes an array of public records in San Benito, Monterey and Santa Cruz counties.
The county, since September, 2002, allows Internet access to Recorder’s Office documents for a $500 a month subscription.
Baley contended the Recorder’s Office – in changing their method of allowing public records’ access to an electronic format – was violating the California Public Records Act.
County officials, and the judge, disagreed.
“I was really surprised in Baley even taking it as far as he did – to court,” said Recorder John Hodges. “I left a lot of open options that he was entitled to, and tried to work with him. He didn’t see it my way, so I had to do what’s best for the county.”
Baley argued the public should have access to the original documents, which would allow him to continually copy and publish them – in their original form – in his weekly publication.
He had been obtaining the originals and publishing them in that form for 13 years before the county’s changed policy in September 2002. Baley did not return phone calls made to his office or cell phone.
In his judgment, Hedegard stated: “The fact that Mr. Baley may not find the electronic touch screen as convenient for his research is not relevant.”
There had been two hearings, Nov. 3 and Dec. 2, before the judge made his decision before the Christmas holiday. The suit was filed in April.
