The city of Poway has filed a lawsuit against one of its own councilmembers, Tony Blain, to force him to comply with the California Public Records Act.
The lawsuit, filed in San Diego County Superior Court, says Blain used private email accounts, text messages and the encrypted messaging app Signal for city business. It says Blain admitted in writing to deleting messages related to city business, which violates state law.
The state’s public records act covers “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.”
The city’s lawsuit states Blain sent a message asking the recipient to delete his text messages and use Signal.
“Delete all my texts to you ok - Poway Mayor & Attorney trying to sue me - let’s change to Signal app - they can’t access it,” he wrote, according to the lawsuit.
U.S. Defense Secretary Pete Hegseth recently faced scrutiny over his use of the Signal app to discuss sensitive military plans with his wife and brother, and the editor-in-chief of The Atlantic.
The city of Poway asked an outside law firm to investigate Blain, and determined a lawsuit would protect the city from “significant liability.”
“It’s outrageous that taxpayer dollars must be spent to compel a council member to follow the law,” Mayor Steve Vaus said in a statement. “If Mr. Blain were truly committed to serving the public, rather than his own political ambitions, this situation could have been avoided.”
City Attorney Alan Fenstermacher said in the press release the discovery process will likely include a deposition where Blain will be under oath and subject to perjury penalties, “where he can no longer make outlandish claims without proof or evidence.”
When asked for comment, Blain directed KPBS to his attorney, who sent a statement saying Blain “stands firm in his commitment to transparency and open dialogue on all matters of city business.”
The statement said Blain is currently in the process of reviewing his devices and responding to this request.
