Q: can the city of Antioch, CA send me junk mail on official city of Antioch letterhead for a private insurance company?

received a letter from the city of Antioch, ca with my personal information in it, offering me an insurance service that is not applicable to my property. looks to be mailed with and packaged with public funds. seems like it should be illegal for the city to use public fund to solicit for a private company.

3 Lawyer Answers
Pavel Kolmogorov
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Answered

A: It’s uncommon for a municipality to use official letterhead to promote a private insurance service, and California law imposes restrictions on using public resources for private or personal gain. Specifically, Government Code § 8314 prohibits public officials from using public funds or resources for private advantage unless an exception applies. If the City of Antioch is sending this letter on official stationery, you may want to investigate whether there’s a formal arrangement that authorizes this type of mailing.

You can also file a California Public Records Act request (Government Code § 6250 et seq.) to access documents showing any agreements between the city and the insurance provider. If no valid public purpose exists and public funds were used to mail advertisements, it could amount to a misuse of taxpayer resources. In addition, if the city shared or used your personal information without proper authorization, that could raise separate privacy concerns under California law.

Louis George Fazzi agrees with this answer

A: I love questions which begin with "can" so and so do this or that to me.

Since they've obviously done it, proving that they can, the question becomes, "is what they did to me legal"?

I love Pavel's response, and encourage you to follow his advice, particularly regarding using the Public Records Act request to determine whether the city may be charging the 3rd party for the privilege of using their public resources. For all we know, the city could be earning either commissions or other fees, or they may have just sold your information to the insurance company. It might be interesting to see what the city's response to your request is. If they sold your information, I'm sure you want to know what else they're selling regarding their constituents.

James L. Arrasmith
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Answered

A: This practice raises serious concerns about the use of public resources and taxpayer funds. While cities can partner with private companies to offer services to residents, using official letterhead and public funds to promote private insurance products could potentially violate California state laws regarding misuse of public resources.

You might want to contact the Antioch City Clerk's office or City Attorney to inquire about the legitimacy of this mailing and file a formal complaint. Additionally, you could reach out to the California State Attorney General's office, as they oversee matters involving potential misuse of public funds and resources.

Consider keeping the letter as evidence and documenting any similar mailings you receive. You might also want to bring this issue to the attention of your local City Council member or speak during the public comment period at the next City Council meeting. Many cities have strict policies about partnerships with private companies and how these relationships should be disclosed to residents.

If you feel your personal information was improperly shared, you can file a complaint with the California Department of Insurance, which regulates insurance-related matters in the state. They can investigate whether proper protocols were followed in this situation.

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