In part 1 of this two-part series we’ll discuss how the City of San Jose v. Superior Court (Smith) will forever change the nature of public service. In part 2, we will offer practical suggestions to respond to this change.

On March 2, 2017, the California Supreme Court sent not shockwaves, but a tsunami throughout California. In a decision that will impact everyone who owns a smartphone and receives a public paycheck, the court ruled that public employees’ personal accounts may be subject to the Public Records Act (PRA). Justice Carol Corrigan, writing for a unanimous court, reflected populist cynicism about government, while placing great faith in the trustworthiness of private citizens. While the decision could be characterized as "Jeffersonian," it will immediately change the way we conduct business as public institutions and private people.

Originally published in Law360.