Risch said he wanted the timecards to determine where Fisk was working on given days, to determine if time being charged to the city was done so lawfully. Risch said some of the dates in question were ones in which he thought Fisk was taking part in political campaigning rather than public safety work.

"Those were dates in which I knew he had been working, and dates when I knew

there had been events that he should not have been working at," Risch said.

The city of Sunnyvale is now caught in the middle of the feud, which some say began when Risch voted for cuts in the PSOA budget while still in office. His vote led to a massive PSOA-led campaign that removed Risch from office in November.

The case before Judge Kevin E. McKenney—Sunnyvale Public Safety Officers Association vs. the City of Sunnyvale—stems from Risch's Feb. 4 request for Fisk's timecards.

On March 1, City Clerk Susan Ramos wrote a letter to Risch telling him that the records were available for release by the city, but that the PSOA's attorney Harry S. Stern was seeking a restraining order barring the release.

Risch said the dates for which he is seeking information, 15 days from April 26 to Oct. 17 of 2003, include normal work hours for Fisk, his overtime shifts and public events or political events he may have attended. He said that he—as a taxpayer and resident of Sunnyvale—wanted to know what his public safety officer was doing on those days.

"If an officer is doing something other than on-duty, city-related work on the city's time clock, the public should have a right to know that," Risch said.

The issue of accountability is what led City Attorney Valerie Armento to decide the records were releasable. City of Sunnyvale communications officer John Pilger said that the city views timecards—which he said do not contain protected information like social security numbers—as budget documents rather than personnel documents.

Representing the PSOA and Officer Fisk, Stern filed a motion for a temporary restraining order and injunction preventing the release of the documents, because he said the timecards are personnel records and therefore do not need to be released under the Public Records Act.

Stern said that in order to get the timecards, Risch would have to file a Pitchess motion, often used in criminal proceedings to determine what officers were doing while on the clock.

After hearing both sides, McKenney requested copies of the timecards and said he would consider reviewing them, and that if he did, he would notify the attorneys of his decision. He did not say when he would review them or how long it would take, but Risch, in court with his wife, Yolanda, said they would continue to fight for the release of the information, as part of a citizen's right to hold his city accountable.

"Does this mean a citizen can never request information on what an officer was doing without going through court?" Risch asked after the hearing.