June 21st, 2010, 3:00 am · posted by Tony Saavedra, Register investigative reporter
Justice may be blind, but in the hands of the Orange County Employees Retirement System, it’s also gum-footed slow.
The Watchdog reported two weeks ago that an Orange County Superior Court judge ruled OCERS must provide the names of retirees, how much they collect and where they last worked. Judge Luis Rodriguez’ decision came in response to a lawsuit by the California Foundation for Fiscal Responsibility, with help from the Orange County Register.
Rodriguez became the third superior court judge in the state to rule in favor of releasing the information, together with judges from Contra Costa and Stanislaus counties.
The Watchdog asked for the data immediately after Rodriguez’ ruling. We’re still waiting. The 10-day ticker on our latest California Public Records Act request has expired.
OCERS attorney David Lantzer said the ruling is not official until he receives a written court order signed by the judge. Typically the winning side writes the order and submits it to the judge to sign.
A one-paragraph writ has been submitted by foundation attorney Timothy Bittle, of the Howard Jarvis Taxpayers Association. And that is where the process now stands.
But The Watchdog asks, why is OCERS delaying the inevitable? The Register and the Foundation have repeatedly asked for the data. The judge has ruled the public deserves to see the Orange County data. Why draw it out until OCERS receives a one-paragraph writ that says, in effect, cough up the data?
“I realize you’re chomping at the bit to do a story, but I don’t control the courts,” Lantzer told us. He is right on both counts.
But why stretch out the process on a technicality? The judge has ruled that the information is not protected under the state government code, that OCERS must release it in the name of government transparancy and that any concerns that members may be embarrassed are secondary.
In a strongly worded opinion dated June 2, Orange County Superior Court Judge Luis Rodriguez ruled that government transparency trumped OCERS’ concerns that retirees could be embarrassed by the release of information.
To read entire story, click here.

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