Sanders Won't Release E-Mail

Published: Monday, April 28, 2008 2:37 PM PDT

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The Mayor's Office just told me that it won't be releasing the e-mail central to a wrongful termination lawsuit filed against the city of San Diego earlier this month, citing an exception under the state's public records law.

I put in a formal records request for the e-mail after writing this story about the lawsuit. In the suit, former Assistant Chief Operating Officer Rick Reynolds alleges that his firing was retaliation for having reported Mayor Jerry Sanders' spokesman, Fred Sainz, for what he deemed inappropriate behavior.

As one example of that, Reynolds said he reported Sainz after the city's computer software flagged an e-mail from Sainz to San Diego Union-Tribune editorial writer Bob Kittle for inappropriate language. (This was before the mayor's run-in with foul language last week.)

In an e-mail to me today, Julie Dubick, the mayor's director of policy, said the Mayor's Office would not release the e-mail because it is part of ongoing litigation. The state Public Records Act allows public agencies to withhold records that are part of litigation.

-- ANDREW DONOHUE