MATTHEW P. GUICHARD, SBN 107450 WILLIAM L. PORTELLO, SBN 166845 ERIKA PORTILLO, SBN 252025 GUICHARD, TENG & PORTELLO, A-P.C. Sutter Square 1800 Sutter Street, Suite 730 Concord, California 94520 Telephone: (925) 459-8440 Facsimile: (925) 459-8445 Attomeys for Plaintiff, DONNA IRWIN IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF CONTRA COSTA — UNLIMITED JURISDICTION DONNA IRWIN ) Case Number: ) Plaintiff, ) MEMORANDUM OF POINTS “AND ) AUTHORITIES IN SUPPORT OF THE v. ). APPLICATION FOR A TEMPORARY ) RESTRAINING ORDER CONTRA COSTA COUNTY EMPLOYEES’ ) RETIREMENT ASSOCIATION and DOES 1-50, ) Code Civ. Proc. §§ 526(a), 527(b) inclusive, ) > Defendants. ) ) L INTRODUCTION By way of this Motion, Plaintiff and all similarly situated persons, seck a Temporary Restraining Order against Defendant CONTRA COSTA COUNTY EMPLOYEES’ RETIREMENT ASSOCIATION to prevent Defendant from releasing Plaintiff's personal information to the California Foundation for Fiscal Responsibility. The Motion is brought on the grounds that if the information is released great and inreparable injury would result to Plaintiff before the matter can be heard on notice as Plaintiff's safety and privacy rights are at risk. 1 BACKGROUND Plaintiff DONNA IRWIN, is a retired captain at the Sheriff's office of the County of Contra Costa. On or about May 5, 2009 Plaintiff received a letter from the CONTRA,COSTA COUNTY EMPLOYEES’ RETIREMENT ASSOCIATION (hereinafter “CCCERA”) regarding a request made 1(GUICHARD, TENG & PORTELLO APG, Suter Sars 100 Sonar Ss Site 730 Coeor CA 54520-2530 ee a Sees = “elepnne: 625) 439-640, BRR RRRRS ee Fain, BRRRRBREBRBS EDS by the California Foundation for Fiscal Responsibility (hereinafter the “FOUNDATION”) for retirees’ personal information; and CCCERA’s decision to disclose it after May 15, 2009. A copy of that let is attached as Exhibit “A” to this Memorandum of Points and Authorities. ‘That letter was accompanied by CCCERA's response letter to the FOUNDATION whereby CCCERA communicated its agreement to disclose “the name and monthly pension foreach retiree and beneficiary whose gross monthly pension benefit exceeded $8,333 in any month in 2009 where the data is readily available”. A copy of that letter is attached as Exhibit “B” to this Memorandum of Points and Authorities Plaintiff is a retired captain of the Sheriff's office of the County of Contra Costa, who is currently receiving monthly pension benefits. If Plaintiff's name is released to that organization along with her monthly pension benefits Plaintiff's safety will be at risk and her privacy rights will violated. ‘The decision of CCCERA to disclose the information, constitutes an unwarranted invasion of Plaintiff's personal privacy. mw DISCUSSION ¥ ‘The California Government Code Section 31532 prescribes that “Swom statements and individual records of members shall be confidential and shall not be disclosed to anyone except insofar as may be necessary for the administration of this chapter [the’37 Act] or upon order of a court of competent jurisdiction, or upon written authorization by the member” There is not a court order or written authorization executed by Plaintiff that would otherwise authorize the disclosure of that information. Tn 2007, the California Supreme Court issued two rulings whereby it was decided that, the gross amount of any beneiit or of any refund of a CCCERA contribution due to a member or the beneficiary is not confidential and may be released upon request made under the Public Records Act, International Federation of Professional and Technical Engineers v. Superior Court (2007) 42 Cal. 4th 319 and Commission on Peace Officer Standards and Training v. Superior Court (2007) 42 Cal! 4th 278; Plaintiff does not oppose the release of the requested amounts. However, CCCERA not only agreed to disclose the gross amount of any benefit or of any refund of a CCCERA’s contribution but to 2ae w we a au Sasa Sars tino sts Sten Sut 720 {Coat CA 945002539 “Teleptuat 935) 459.4640 17 18 GUICRARD, TENG & PORTELLO ALC. disclose the names of the retirees and the beneficiaries. That decision was made even against CCCERA own Accessibility of Records Policy which states in Part B that: “In light of those cases, the CCCERA Board hereby adopts the following interpretation of Government Code section 31532 as it pertains to the confidentiality of member records: ‘Data filed by any member or beneficiary with CCCERA is confidential, and no individual record shall be divulged by any official or employee having access to it to any person other than the memaber to whom the information relates or his or her authorized representative or the county or participating agency by which he or she is employed. The information shall be used by CCCERA for the sole purpose of carrying into effect the provisions of this part. Any information that is requested for retirement purposes by any such public agency shall be treated as confidential by the agency. The gross amount of any benefit or any refund of an CCCERA contribution due to a member or beneficiary is not confidential and may be released upon request to CCCERA Except as provided by this section, no member's, beneficiary's or annuitant’s address, home telephone number, or other personal information shall be released” In light of the above, CCCERA violated the California Government Code section 31532 and CCCERA Accessibility of Records Policy by agreeing to release Plaintiff's personal information. Plaintiff's request is warranted by the referenced provision, and Plaintiff's safety and privacy rights, Further, the remedy of damages is inatlequate as it involves Plaintiff's privacy rights and safety. CCCERA should be restrained from releasing the names of the retirees and beneficiaries. Therefore, Plaintiffand all similar situated members are entitled toa Temporary Restraining Order. That according to the California Code of Civil Procedure Section 257(b) which provides that: “A temporary restraining order or a preliminary injunction, or both, may be granted in a class action, in which one or more of the parties sues of defends for the benefit of numerous parties upon the same grounds as in other actions, whether or not the class has been certified”. IV. CON USION In light of the above, Plaintiff and all similarly situated persons are entitled to @ Temporary Restraining Order to restrain CCCERA fiom releasing personal information of any its members as the tt a