Malicious Public Release of Private Information

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WaterGuy

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I am a Board member of a small water district. The Board President recently circulated a letter throughout our community with many false statements about me. The worst thing, in my opinion, is that he stated that I am away from my home 80% of the year. I feel he has compromised the security of my family and home.

Is this actionable?

The letter is four pages long and contains unsavory comments towards several community members.The body of the letter that pertains to me is below in italics. The names have been changed. It was sent out to the public via US Mail. A concerned neighbor gave me a copy with a post marked envelope. Much of what is written is either false, misleading, or selective fact picking. I am not so worried about that. I understand that people in public office open themselves up to a higher form of criticism and should be able to grow a thick skin.

......And that brings me to Director Smith. Did you know Director Smith has yet to complete anything he said he would do at the beginning of the year! During our campaign, Director Smith promised to get the lake area completely cleaned up and he agreed to chair the lake restoration committee. The first month we were in office he had a weekend cleanup that started the process. Since then, we have heard nothing but excuses from him as to why it isn't getting done. Next, Director Smith told me that he wanted our General Manager to schedule his work on a detailed written work order system. I asked him to come up with such a system and we would institute it if the rest of the Board approved. Unfortunately, I haven't heard a word about it since. Yet another example of Director Smith's lack of follow through is that he agreed to oversee the Tank Project and to complete the permit process for Tank #3. However, between March 2 and April 12 he had no contact with the California Dept. of Public Health which is the agency that has to approve the tank. I finally got tired of waiting and asked the General Manager to call the Department. The General Manager was able to set up an inspection the very next week. Time after time he has failed to live up to his promises. Oh! Maybe the lack of action is because Director Smith travels for business and is not home 80% of the time! The only thing that he seems to have time for criticism. In fact, almost everything that we wanted to do for the District has been criticized by him. What agenda is he pursuing? It surely can't be the betterment of the District. Director Smith goes out of his way to criticize our General Manager and went out of his way to stop me from helping Mork get his job done. I suspect that Director Smith is doing his best to get rid of our General Manager as he told me before we were elected that he intended to do. Yet he hasn't even taken the time to find out what the General Manager does for our District. However, Director Smith has time to plot with Brick Flintstone to try and recall Director Mole and me.
To sum all this up, I have been unable to accomplish what I wanted to do as President because frankly, I have become the focus of a vocal minority's smear campaign rather than having them focus on working to find solutions to the District's problems. I had hoped for better, but that isn't going to be. So for me, it is time to turn the reins over to our Vice President, Director Smith. I have resigned the office of President, but will continue to fulfill my duties as a Board member. It is Director Smith's turn to step up and fix the District.


The thing that has me and my Family concerned is that he has mailed this out to a large number of people in our very rural community. Two constituents that received his letter have called me asking, how can he do that? How can he tell everybody that you are not home for long periods of time? That is like inviting criminals to consider robbing your home.

This guy is a retired Police Officer and a Security Consultant. By informing the public of my long term absence, I feel he has acted with malice towards me and my Family. He has jeopardized the security of my family, home and business.

As he wrote this letter when he was still President of the Board and he is still a Board member, I feel he may have put the District at risk of civil Liability as well as himself.

Your consideration regarding this matter is greatly appreciated.
 
Anything that one feels to be objectionable is actionable.

We all have the right to bring a lawsuit.

You, however, won't recover anything, should you bring an action.

You have no damages, and you're a public official. Finally, the author merely stated his opinion about you and your work.

But, you know what they say, ask two lawyers for an opinion and you get four answers.


Sent from my iPhone using Tapatalk
 
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