Government  Employees Archives - Good Shepherd News - Fastest Growing Religious, Free Speech & Political Content https://goodshepherdmedia.net/tag/government-employees/ Christian, Political, ‎‏‏‎Social & Legal Free Speech News | Ⓒ2024 Good News Media LLC | Shepherd for the Herd! God 1st Programming Mon, 12 Jun 2023 20:05:27 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.3 https://goodshepherdmedia.net/wp-content/uploads/2023/08/Good-Shepherd-News-Logo-150x150.png Government  Employees Archives - Good Shepherd News - Fastest Growing Religious, Free Speech & Political Content https://goodshepherdmedia.net/tag/government-employees/ 32 32 City of San Jose v. Superior Court – Releasing Private Text/Phone Records of Government  Employees https://goodshepherdmedia.net/city-of-san-jose-v-superior-court-releasing-private-text-phone-records-of-government-employees/ Mon, 29 May 2023 09:12:57 +0000 https://goodshepherdmedia.net/?p=10453 City of San Jose v. Superior Court (Ted Smith)
Releasing Private Text/Phone Records of Government  Employees

City of San Jose v. Superior Court (Ted Smith)

Opinion Summary

Petitioner requested disclosure of thirty-two categories of public records from the City of San Jose, its redevelopment agency and executive director, and other elected officials and their staffs, seeking documents concerning redevelopment efforts in downtown San Jose. Included in the request was emails and text messages sent or received on private electronic devices used by the mayor, two city council members, and their staffs. The City disclosed certain communications but did not disclose communications made suing the individuals’ personal accounts. Petitioner sued for declaratory relief under the California Public Records Act (CPRA), arguing that messages communicated through personal accounts are public records. The trial court granted summary judgment for Petitioner and ordered disclosure. The Court of Appeal, however, issued a writ of mandate. The Supreme Court reversed, holding that a city employee’s writings about public business are not excluded from CPRA simply because they have been sent, received, or stored in a personal account. Remanded.

Opinion

H039498

05-17-2017

CITY OF SAN JOSE, et al., Petitioners, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; TED SMITH, Real Party in Interest.

In this proceeding the City of San Jose (City), the City’s mayor, and members of its city council seek a writ of mandate or prohibition overturning an order that denied their summary judgment motion and granted that of real party Ted Smith, plaintiff in the underlying action. The summary judgment ruling granted declaratory relief to Smith, who had asserted the right to inspect specified written communications (including e-mail and text messages) sent or received by public officials and employees on their private electronic devices using their private accounts. The issue presented is whether those private communications, which are not stored on City servers and are not directly  accessible by the City, are nonetheless “public records” within the meaning of the California Public Records Act (CPRA or the Act) (Gov. Code, § 6250 et seq.).

Also named in Smith’s complaint were the San Jose Redevelopment Agency and Harry Mavrogenes, the agency’s executive director. The Redevelopment Agency, however, was later dissolved and succeeded by the City itself.

This court originally concluded that the Act does not require public access to communications between public officials using exclusively private cell phones or e-mail accounts. Our Supreme Court reversed, holding that a broad construction of the Act is required in light of the purpose underlying its enactment and “our constitutional mandate to interpret the Act broadly in favor of public access. (Cal. Const., art. I, § 3, subd. (b)(2).)” (City of San Jose v. Superior Court (2017) 2 Cal.5th 608, 629.) The high court thus concluded that “a city employee’s writings about public business are not excluded from CPRA simply because they have been sent, received, or stored in a personal account.” (Ibid.) The matter was then remanded to this court “for further proceedings” consistent with the Supreme Court’s opinion.

The City’s petition is therefore denied. The temporary stay order is vacated. Costs are awarded to Smith. 

/s/_________

ELIA, J. WE CONCUR: /s/_________
RUSHING, P. J. /s/_________
PREMO, J.

 

source source

 

 

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case law: City of San Jose v. Superior Court – Releasing Private Text/Phone Records of Government  Employees

Public Records Practices After the San Jose Decision

The Decision Briefing Merits After the San Jose Decision

]]> Principles of Ethical Conduct for Government Officers and Employees https://goodshepherdmedia.net/principles-of-ethical-conduct-for-government-officers-and-employees/ Fri, 26 May 2023 20:00:19 +0000 https://goodshepherdmedia.net/?p=14297 Principles of Ethical Conduct for Government Officers and Employees

The following Principles of Ethical Conduct are an excerpt from Executive Order 12674 of April 12, 1989, as modified by Executive Order 12731. These Principles apply to all employees of the Federal Government.

Part I-Principles of Ethical Conduct

Section 101. Principles of Ethical Conduct. To ensure that every citizen can have complete confidence in the integrity of the Federal Government, each Federal employee shall respect and adhere to the fundamental principles of ethical service as implemented in regulations promulgated under sections 201 and 301 of this order:

  1. Public service is a public trust, requiring employees to place loyalty to the Constitution, the laws, and ethical principles above private gain.
  2. Employees shall not hold financial interests that conflict with the conscientious performance of duty.
  3. Employees shall not engage in financial transactions using nonpublic Government information or allow the improper use of such information to further any private interest.
  4. An employee shall not, except pursuant to such reasonable exceptions as are provided by regulation, solicit or accept any gift or other item of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by the employee’s agency, or whose interests may be substantially affected by the performance or nonperformance of the employee’s duties.
  5. Employees shall put forth honest effort in the performance of their duties.
  6. Employees shall make no unauthorized commitments or promises of any kind purporting to bind the Government.
  7. Employees shall not use public office for private gain.
  8. Employees shall act impartially and not give preferential treatment to any private organization or individual.
  9. Employees shall protect and conserve Federal property and shall not use it for other than authorized activities.
  10. Employees shall not engage in outside employment or activities, including seeking or negotiating for employment, that conflict with official Government duties and responsibilities.
  11. Employees shall disclose waste, fraud, abuse, and corruption to appropriate authorities.
  12. Employees shall satisfy in good faith their obligations as citizens, including all just financial obligations, especially those such as Federal, State, or local taxes that are imposed by law.
  13. Employees shall adhere to all laws and regulations that provide equal opportunity for all Americans regardless of race, color, religion, sex, national origin, age, or handicap.
  14. Employees shall endeavor to avoid any actions creating the appearance that they are violating the law or the ethical standards promulgated pursuant to this order.

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Civic Responsibility

Comprised of actions and attitudes associated with democratic governance and social participation, civic responsibility can include participation in government, church, volunteers and memberships of voluntary associations. The importance of civic responsibility is paramount to the success of democracy and philanthropy. By engaging in civic responsibility, citizens ensure and uphold certain democratic values written in the founding documents.

Definition

Civic Responsibility is defined as the “responsibility of a citizen” (Dictionary.com). It is comprised of actions and attitudes associated with democratic governance and social participation. Civic responsibility can include participation in government, church, volunteers and memberships of voluntary associations. Actions of civic responsibility can be displayed in advocacy for various causes, such as political, economic, civil, environmental or quality of life issues.

Civic means, “of, relating to, or belonging to a city, a citizen, or citizenship, municipal or civil society” (ibid.).

Responsibility refers to “the state or quality of being responsible or something for which one is responsible such as a duty, obligation or burden” (ibid.).

A citizen is “a person owing loyalty to and entitled by birth or naturalization to the protection of a state or union” (ibid.).

Citizenship means “a productive, responsible, caring and contributing member of society.” (ibid.).

Historic Roots

Civic Responsibility dates to ancient Rome whose citizens wanted to contribute to Roman society. Civic responsibility may have started with Lucius Quinctius Cincinnatus in 519 BC.

Although Civic Responsibility has existed for centuries in society, it was officially sanctioned as a blueprint for democracy in 1787 by the ratification of the United States Constitution. The Constitution declared, “We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States.”

In the 18 th and 19th centuries and through the 1930s, civic responsibility in America was tied to a commonwealth perspective. From voluntary fire departments to the public arts to the Civilian Conservation Corps (CCC) of the 1930s and 1940s, citizens participated in projects that shaped communities and ultimately the nation. Due to civic responsibility, citizenship was understood in terms of the labors of ordinary people who created goods and undertook projects to benefit the public, as opposed to the high-minded, virtuous and leisure activities of gentlemen. This kind of civic identify helped create an important balance between pursuit of individual wealth and the creation of public things (Boyte and Kari 1999)

In the 1960s, community responsibility and civic responsibility became more popular. The Cold War and nuclear threats were common fears that coalesced citizens of the United States (Swanson, 1999). Combined with opposition to the war in Vietnam, grassroots organizations to fight environmental pollution and college campus protest demonstrations, citizens learned the value of expressing civic responsibility through civil disobedience. People relied on each other in order to correct injustice and achieve greatness in the nation.

During the 1960s, 62.8 percent of Americans voted in presidential elections. People were involved in political organizations and community action groups because modern technology allowed more free time to society (Putman 2000). Participation proved successful in the Civil Rights Movement lead by Martin Luther King and later failed in the 1980s with the Equal Rights Amendment initiative.

In the 1980s and 1990s, many organizations lost membership. For example, new memberships for the organization of Business and Professional Women declined 89 percent by the end of 1997. Memberships for the Parent Teachers’ Association (PTA) declined 60 percent, memberships for the League of Women Voters declined 61 percent and memberships for the National Association for the Advancement of Colored People (NAACP) saw a 46 percent decrease in membership (Swanson 1999).

In 2001, 44 percent of American adults volunteered in organizations compared to 55 percent in 1999. Financial donations declined in 2001 with 89 percent of American households giving an average of $1,620 compared to 70 percent with an average of $1,075 in 1999 (Independent Sector 1999, Independent Sector 2001).

Importance

The importance of civic responsibility is paramount to the success of democracy and philanthropy. By engaging in civic responsibility, citizens ensure and uphold certain democratic values written in the United States Constitution and the Bill of Rights. Those values or duties include justice, freedom, equality, diversity, authority, privacy, due process, property, participation, truth, patriotism, human rights, rule of law, tolerance, mutual assistance, self restraint and self respect. Schools teach civic responsibility to students with the goal to produce responsible citizens and active participants in community and government.

Ties to the Philanthropic Sector

Civic responsibility is tied to the philanthropic sector in many ways. By citizen and corporate participation, nonprofit organizations prosper from their giving of time and money.

Service learning directly relates to civic responsibility and ties to the philanthropic sector by students learning through the completion of projects within communities. Examples of organizations supporting service learning include Youth Service America, the Points of Light Foundation and the Dorothy A. Johnson Center for Philanthropy at Grand Valley State University.

Key Related Ideas

Service-learning is a process of learning civic responsibility that involves problem-solving and learning about issues and interacting with community. Through service learning, citizens participate in projects to help or serve the identified needs of the community. By learning about community assets and needs and actually doing work, citizens experience the value and impact of giving to people and learn to be productive members of society.

Volunteering is a form of civic responsibility, which involves the giving of time or labor without the expectation of monetary compensation. Many people volunteer through local churches, animal shelters or food banks. Volunteering allows citizens the opportunity to share their skills and talents as well as the to learn new skills while helping those in need of assistance.

Civic Education is a method in which to teach civic responsibility. According to the Center of Civic Education, it is a way to promote and enlighten responsible citizenry committed to democratic principles. Civic education is a means to actively engage people in the practice of democracy in the United States and other countries (Center for Civic Education). source

Citizenship is rare in human history but essential to free government. Today, the constitutional rule of citizens in America is threatened by a new form of government, unaccountable to the people, in which power is held by a ruling class that seeks to transform our society.

 

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