AgdaPkt 2010-01-11 - Laserfiche WebLink

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9A Page 9 'Quon' Continued from Page 1... The facts of the case are as follows: Jeff Quon, an Ontario police sergeant, used his city-issued pager to send and receive hundreds of personal messages. His activity did not comply with the city's policy which limited the use of city computers, the internet, and e-mail to city business. The personal messages were discovered during an audit which was prompted by Quon's intense pager usage. Under the city's contract with Its wireless provider, each pager was subject to a monthly character limit, after which the city was responsible for overage charges. The police chief ordered a review of the transcripts of Quon's pager that consistently exceeded the monthly limit. The review revealed that Quon, on average per shift, sent and received 28 messages, only three of which were business-related. The sergeant sued the city asserting the review violated his Fourth Amendment right to be free from unreasonable searches and seizures. Quon argued that prior to the police chiefs audit, a lieutenant in the department established an Informal practice of allowing officers to go over the monthly character limit so long as the officer paid overage charges. This informal practice, according to Quon, gave him a reasonable expectation of privacy In the messages. The Ninth Circuit agreed. The Ninth Circuit's decision is problematic for several reasons: . It allows one city employee to change an established city policy without authority; and . The opinion ignores that at any time, such messages could be subject to disclosure under the California Public Records Act. Accordingly, an employee cannot reasonably maintain an expectation of privacy in these messages. The League will notify members on the status of the Supreme Court's review and decision. The League would like to thank Nancy B. Thorington and Joseph M. Quinn of Meyers Nave for drafting the League's amicus brief In support of review. 'Streets and Roads' Continued from Page 1... The California Statewide Local Streets and Roads Needs Assessment (Assessment), released in faU 2009, is the culmination of over two-years of research on the pavement and essential components (such as storm drains, gutters, and street lights) maintained by local jurisdictions. The results of the survey are grim. The data analysis shows that an additional $71 billion dollar investment is needed just to maintain current street conditions. Currently, on the Pavement Condition Index (PCI), which ranks roadway pavement conditions on a scale of zero (failed) to 100 (excellent), the statewide average for local streets and roads is 68, an "at risk" rating. The condition is projected to deteriorate to a PCI of 58 In 10 years, and to 48 (poor condition) in 2033 without the additional investment. Cities are encouraged to share this Information with their local elected leaders during the month of January to promote increased state investment In local infrastructure. This will also better position local government leaders against potential raids on the Highway User Tax Account (HUT A, or gas tax), Proposition 42, and other local funding sources during the FY 2010-11 budget negotiations. 2