Huntington Beach must comply with the state open records law and release the entire settlement agreement between it and the operator of the annual air show, an Orange County Judge ruled Wednesday, May 22.
The city has spent the last year refusing to release the $5 million settlement document between it and Pacific Airshow agreed to in May 2023.
Gina Clayton-Tarvin, a resident and Ocean View School District trustee, sued the city after it refused to release the document under the state’s open records law.
Clayton-Tarvin said she is pleased with the ruling and awaits receiving the document.
“Now the public is going to be able to see for itself exactly what (City Attorney) Michael Gates has been hiding all along,” Clayton-Tarvin said. “Why hide it?”
The court heard arguments over the case on May 13. After reviewing the settlement under seal, Judge Jonathan Fish in his ruling said that “the court does not agree with the city’s contention that the scale ‘clearly tips in favor of non-disclosure.’”
Fish also ruled that the city can’t refuse to release it because it could impact the city in future litigation.
“Implicit in the democratic process is the notion that government should be accountable for its actions,” Fish wrote. “In order to verify accountability, individuals must have access to government files. Such access permits checks against the arbitrary exercise of official power and secrecy in the political process.”
Gates said it was his decision alone and not the City Council’s to not release the air show settlement and he plans to comply with the ruling.
“My decision was based on conversations with outside counsel representing the city’s pending oil spill lawsuit,” Gates said in an email. “The goal in holding the release was only to ensure that the city’s best position was not compromised by the release. I will consult with City Council, but I think the judge’s direction and rationale are clear and barring any different direction given to me by City Council, I plan to fully comply with the court’s order.”
The city released only a summary document of the settlement’s terms.
Pacific Airshow sued the city over losses incurred when the third day of the 2021 air show was canceled due to an oil spill.
Huntington Beach could pay an additional $2 million to the Pacific Airshow if it recovers money from the company that owns the pipeline that leaked.
The entire settlement agreement hasn’t been released yet. Fish asked the plaintiff to submit a proposed judgment within 10 days and the city will have time to propose revisions.
The air show settlement has drawn ire from residents and some city councilmembers.
The legislature’s Joint Legislative Audit Committee approved an audit last week of the settlement after a request from State Sen. Dave Min. State auditors will look at how the city calculated the amounts it paid to the Pacific Airshow operators and if the process to reach a settlement agreement was appropriate.
Gates responded to the audit on Tuesday by sending a letter to the committee and state auditor’s office that argues the state doesn’t have the authority to look into the matter.
“Accordingly, the city will continue to object and will pursue any legal action necessary to protect the city’s rights and prevent the state’s interference into the city’s municipal affairs,” the letter said.
Min, who represents a portion of the city, responded in a statement that called the claim “ridiculous and baseless.”
