Hollister councilmember sues to keep city from releasing police records

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After maligning former colleague Rick Perez for his criminal record, Hollister Councilmember Rolan Resendiz is now embroiled in a fight to keep police records mentioning him from being released by the city. 

According to San Benito County Superior Court records, Resendiz has been trying to stop the release of the documents since December 2024 in order to “prevent the imminent disclosure of records containing personal and sensitive information that would constitute an unwarranted invasion of privacy.” He also states that the records sought “contain highly sensitive” personal information such as family members names.

Resendiz told BenitoLink he had no comment.

The outspoken councilmember’s lawsuit against the city stems from former councilmember Tim Burns’ Oct. 28, 2024 request for records “from the police department including investigations and reports that have the name Rolan Resendiz listed in them,” according to court records.

Burns did not respond to BenitoLink regarding why he filed the records request.

The request occurred during the 2024 City Council election, when Burns and Perez failed to win re-election, and Resendiz challenged Perez’s eligibility for office because of his criminal record.

In his lawsuit, Resendiz argues releasing the records would cause more harm than good.

“The harm to petitioner and family far outweighs any public interest in the requested records, especially given their lack of relevance to government transparency or accountability,” Resendiz states in court documents.

He goes on to state that “certain documents” and police reports are 20 years old and notes that no criminal complaint was filed based on the investigation.

Sixteen days after receiving Burns’ request for police records, the city notified Resendiz that it had located documents it planned to release, such as “arrest reports that include your name and allegations brought forth against you.”

The city asked Resendiz to provide a court order directing staff to withhold the documents if he did not want the records published. 

“If the city does not receive such an order, the city intends to produce the requested documents on November 27, 2024,” the letter states. 

City Clerk Jennifer Woodworth told BenitoLink there are provisions in the California Public Records Request Act which outline the requirements for notifying involved parties, depending on the kind of records that are being requested. 

In a court document outlining the claim known as the complaint, Resendiz said Burns’ request is politically motivated.

“The request is not intended for a legitimate purpose, but, rather, to concoct a political attack on plaintiff,” he states. 

Ahead of the November 2024 election, Resendiz challenged former Councilmember Rick Perez’s eligibility to hold office because of his criminal record, which include arrests and convictions.

Perez lost his bid for re-election to Rudy Picha, who received 70.2% of the District 1 vote. 

Burns lost his re-election bid to Priscilla De Anda who won with 52.6% of the vote in District 4.

When the court asked why it should not prohibit the release of the documents, the city said it would not oppose a court order forbidding the disclosure of the documents until the court makes a final ruling “so that this matter may be decided on the merits.”

The case has had several hearings since Resendiz filed the lawsuit, including on Jan. 27 when the court ordered the city to withhold the documents until a decision is made. 

The last three case management conferences have been continued.

A case management conference is now scheduled for Jan. 5 at 10:30 a.m. in San Benito County Superior Court.

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