Public Records Requests Stall in Coachella

Watchdog Group’s Quest for Public Records Hits Roadblock, Prompting City Councilors to Think About New Legal Counsel

COACHELLA — A watchdog’s quest for public records from City Halll could inadvertently lead to the ouster of the law firm that has serviced the city for decades.

On April 8, Coachella Valley Transparency, a watchdog group of Eastern Coachella Valley residents, submitted a robust public records request in accordance with the Freedom of Information Act.

Two months later the request languishes.

Of note is that Mayor Frank Figueroa said he’s taking this request and the lackadaisical — Laissez-faire — response “very seriously.”

Coachella Valley Transparency is on a mission. It is seeking emails (including  attachments, drafts, forwards, and metadata); Text messages (SMS, MMS, iMessage); encrypted or third-party messaging applications used for agency-related business; Housing First program applications, eligibility determinations, and approval records; payment records, warrants, invoices, and financial records; contracts and agreements with the city of Coachella or any landlord participating in the Housing First program; any other written or digital correspondence, whether transmitted via agency-issued or personal devices or accounts used for agency business, consistent with city of San Jose v. Superior Court (2017) 2 Cal.5th 608.

That’s just the start.

The group is also seeking payments to Hernandez / PuroCoachella LLC, all records reflecting any Housing First program payment, rental subsidy, voucher payment, or housing assistance payment made to: Steven Hernandez, PuroCoachella, LLC, and any agent, property manager, or representative acting on behalf of either of the above.

Part of the group’s target of information is CVAG Executive Director Tom Kirk. The group is asking for communications and oversight involving Kirk, including

• Any communications between Kirk and Steven Hernandez regarding the Housing First program, 52280 Calle Camacho, or any Hernandez/PuroCoachella property;
• Any communications between Kirk and City of Coachella officials or staff regarding the Housing First program contract or Hernandez’s participation in related votes;
• Any internal communications within CVAG regarding Hernandez’s financial interest in Housing First program properties or his participation in CVAG committee votes while receiving Housing First payments;
• Any records reflecting whether Kirk or other CVAG leadership took any action upon learning of Hernandez’s potential conflict of interest.

Anyse Smith, who ran unsuccessfully for the Palm Desert City Council and was recently appointed to the Desert Healthcare District Board. is also a focus of the public records request. She was a management analyst with the Coachella Valley Association of Governments.

There’s more but you get the idea.

In its April 28 response letter to the group, the city acknowledged that responsive records “appear to exist” and stated that records would be produced on a rolling basis beginning May 26.

As of today, more than one month has elapsed since these requests were submitted, yet no responsive records have been produced, according to the group.

That is not acceptable, Mayor Figueroa told Uken Report. It does not matter to him that the group is anonymous.

“I take their request very seriously, and not just this group’s request, but everybody’s because last night (May 27) there were several people that came up and said, ‘I haven’t gotten my public records request answered.’ That signaled to me we have an issue. What are we hiding? If we’re talking up here (on the dais) about transparency, but our legal counsel and our city clerk’s office can’t get public records requests fulfilled, we can’t be up here puppeteering and talking about transparency when we can’t even produce documents.”

Figueroa said he does not know who members of the group are and it does not matter.

“They’re asking for something specific and they want answers. I take that seriously because when a group comes together to say they want information, it’s because they’re onto something,” the mayor said,

Public records led to former mayor Steven Hernandez’s downfall. Perhaps this request will uncover more that needs to be exposed, he said.

“I don’t know what they’re looking for, but when someone asks for something, we have to comply. If we’re doing everything above board or there’s nothing to hide, then we shouldn’t be scared. I’m not sure what their end goal is. They’re just trying to connect pieces of a puzzle.”

Councilmember Stephanie Vlrgen requested that we look at hiring a different legal firm and I applaud her on that. If what we have right now can’t help to comply with what we need to do, then maybe it is time. The last time we did an RFP for a law firm was more than 20 years ago, he said,

“If we’re having issues complying with law, we need  to take action. I don’t know who they’re protecting at this point. Who do they work for? The city? The City Council? One City Councilmember? What is going on? It’s pretty alarming from my perspective. So, I’m very open to looking at another firm.”

Uken Report has reached out to City Attorney Ryan Guiboa at least three times in recent weeks by phone and email. No response. He is listed as a partner in the BB&K firm.

Why does the group seeking the public records insist on anonymity?

“Unfortunately, many people in smaller communities are hesitant to publicly question local government decisions out of concern for retaliation, personal attacks, or professional repercussions,” a spokesperson for the group said. The California Public Records Act exists so the public can seek transparency regardless of status, position, or political influence.”

Coachella Valley Transparency is a community-based effort made up of multiple individuals who have come together around concerns involving public records, accountability, and matters of public interest affecting the community.

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