Sacramento Mayor Suing His Own City

Sacramento Mayor Kevin Johnson is trying to stop his City Attorney's office from releasing a portion of his emails to a newspaper. Johnson began to sue the city last Wednesday. The emails in question were sent during Johnson's term as president of the National Conference of Black Mayors, and they were sent on a non-city email account. He did, however, cc local Sacramento officials on some of the emails, so they are on the government server.


The Sacramento News and Review  and some other newspapers asked for the emails and financial records under a California Public Records Act request. The city attorney decided those emails were public records, so three batches of the mayor's emails have already been released to the public.

Johnson is in his second term as mayor, and was president of the National Conference of Black Mayors until it filed for bankruptcy in April 2014.

Johnson has said that those emails are protected under attorney-client privilege, and this case is not about damages, but protecting attorney-client privilege.


Comments from Allen:

The attorney-client privilege protects communications between lawyers and their clients.  The privilege belongs to the client, and it is a privilege that can be waived by sharing those communications with third parties.  The privilege certainly was waived as to any emails Johnson sent to local officials who were not represented by the attorneys involved.  The tougher question is whether placing those emails on a government server waives the privilege.  I believe it does.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen work with cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

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Sources for more information:
http://www.allgov.com/usa/ca/news/controversies/sacramento-mayor-sues-his-city-attorney-and-newspaper-over-release-of-emails-150706?news=856892

http://www.courthousenews.com/2015/07/02/sacramento-mayor-sues-his-own-city.htm

http://www.sacbee.com/news/local/news-columns-blogs/city-beat/article26021188.html

http://www.usatoday.com/story/news/nation/2015/07/02/sacramento-mayor-kevin-johnson-emails/29605241/

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