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Malicious Breach of Security

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WaterGuy

Junior Member
What is the name of your state (only U.S. law)? California

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?

Thank you,
WaterGuy
 


quincy

Senior Member
Based on the little information you have provided here, WaterGuy, the best answer I can give you is "Possibly."

There is too much you have left unsaid to make even a guess at whether what the Board member has communicated to others can be actionable or, if actionable, whether a suit against him would be worth pursuing.

Have the letter that was circulated in your community reviewed for defamatory content by an attorney in your area, and inquire of the attorney about invasion of privacy/publication of private facts.

Good luck.
 

WaterGuy

Junior Member
Thank you for your response. 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.
 

quincy

Senior Member
You are right, WaterGuy, that as an elected official you are afforded less protection against any criticisms made about you (false or not) and less protection from having facts you would rather keep private kept private.

Although the President of the Board certainly questions your competence, the letter itself is not one (in my brief reading) that could support a defamation action. His connecting your supposed failure to complete projects as promised to your business travels (whether true or not) is, likewise, not something that could easily support a suit.

My suggestions for you are as follows:

Have the letter reviewed by an attorney in your area, to see if he interprets it differently than I have.

Send out to the community your own carefully crafted letter, touting your accomplishments as Vice President of the Board and outlining your plans for the district, now that you will be taking over the reins from the departing president. Do NOT in your letter address anything that was said by the President in his letter. The President's letter sounds like sour grapes and an attempt to place blame on others for his own failure as President of the board to accomplish the goals he had set out, and this is how it will probably be read by most of those who receive it. In other words, his letter says more about his own character and abilities than about yours.

As for sending out to the community the fact that you travel for business, this is probably fairly well known anyway, and your travel outside the community could be of legitimate public interest and concern, and have legitimate political consequences. In other words, how well can you satisfy the needs of the community if you are away from the community for long periods of time? That is a question that is a legitimate one for the public to ask of an elected official.

If you travel away from your family frequently, you should already have in place safeguards for them.

I understand your displeasure with the President's letter and actions, and I can certainly understand your concern for your family's safety, but that is something someone elected to a public office faces and must learn to deal with.

Again, run it all by an attorney in your area for an additional opinion but I do not see any legal action you can pursue against this fellow that would have much chance of success. Sorry.
 
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