The threat of litigation continues to cost Plumas County, most recently in the form of escalating public records requests. At the May 7 Plumas County Board of Supervisors meeting, Interim County Counsel Josh Brechtel reported that three recent multipart requests from Christopher J. Bakes have put a strain on the county counsel’s office.
Bakes, a Sacramento-based attorney who is representing Plumas County Treasurer/Tax Collector Julie White, has asked for emails and other correspondence under the California Public Records Act, state legislation ensuring public access to government documents. The number of exempt documents in his records requests have required extensive attorney review, Brechtel said.
“There are thousands and thousands of documents demanding 40 or 50 hours of our time,” he told Plumas County supervisors. The county counsel’s office simply cannot handle the volume, Brechtel said.
If record requests are not fulfilled within legal time frames the county could face legal action.
“Imagine that!” said Board of Supervisors Chairman Greg Hagwood.
Brechtel asked the supervisors to authorize up to $50,000 to retain Liebert Cassidy Whitmore, a law firm that serves public entities, to provide legal services pertaining to the public record requests.
“It’s unfortunate we have to spend this money but it’s unwise not to protect the county,” said Supervisor Tom McGowan.
McGowan’s motion to approve Brechtel’s request passed 4-1. Supervisor Jeff Engel voted no.
Ongoing threats of legal action
White has for months been at odds with county officials. They blame her for involvement in the county’s fiscal disarray, which includes a triple B minus credit rating, indicating a high risk of default and greater risk to investors. Supervisors have also criticized White’s investment management practices, including how she reported and returned interest to organizations in the county investment pool.
White retained Bakes weeks after she received a Sept. 6, 2023, memo from Human Resources Director Nancy Selvage that suggested a “dereliction of duties” by White, and asked if she had any “physical impairments” or “limitations” to performing her responsibilities. White claimed a conflict of interest with the county counsel’s office, which represents county employees, and hired Bakes. Then-Interim County Counsel Sara James has said she found no such conflict with White.
Other memos and emails followed, including a Sept. 28, 2023, letter from the Feather River Tourism Association alleging mishandling of investments by White and threatening litigation against the county because of it. That email, Bakes said, was prompted by County Administrative Officer Debra Lucero. Bakes has cited numerous violations of the Brown Act based on events since he took on the case, and the letters and emails he has received so far.
He has appeared before the supervisors numerous times in attempts to resolve White’s issues. Initially, all White requested was a withdrawal of the Selvage letter and a public apology, Bakes said. Over the months of wrangling in and out of supervisors’ meetings, that ask has been expanded to include White’s legal fees — a request the supervisors have repeatedly denied. By Feb. 20 Bakes’ fee was $96,943 and mounting.
Bakes has not filed formal litigation, Brechtel said May 7.
