Request #19-270
  Open

May 6, 2019

To Whom It May Concern:

Pursuant to the California Public Records Act (Government Code Section 6250 et seq.) ("CPRA”), the Vallejo Sunshine Ordinance and all other applicable laws, please disclose the following records.

  • Any an all text messages, emails, handwritten letters or other correspondence between any current Vallejo City Council member or city employee (from 2017 until present) and Cameron Shearer.

The scope of this request includes records possessed on private and public systems or devices. See San Jose v. Superior Court, 2 Cal.5th 608 (2017) (holding that when a city employee uses a personal account to communicate about the conduct of public business, the writings may be subject to disclosure under the California Public Records Act).

The fundamental rule of the CPRA is a presumption of public access. “In other words, [A]ll public records are subject to disclosure unless the Legislature has expressly provided to the contrary.” Williams v. Superior Court, 5 Cal. 4th 337 (1993). This presumption finds further support in the California Constitution, as amended by Proposition 59 in 2004. “A statute, court rule, or other authority, including those in effect on the effective date of this subdivision, shall be broadly construed if it furthers the people's right of access, and narrowly construed if it limits the right of access.” Cal. Const. Art. 1 § 3(b)(2).

Please provide a determination on this request within 10 days of your receipt of it, and an even prompter reply if you can make that determination without having to review the records in question. If you determine that any or all of the information qualifies for an exemption from disclosure, please note whether, as is normally the case, the exemption is discretionary, and if so whether it is necessary in this case to exercise your discretion to withhold the information. If you determine that some but not all of the information is exempt from disclosure and that you intend to withhold it, please redact it for the time being and make the rest available as requested. In any event, please provide a signed notification citing the legal authorities on which you rely if you determine that any or all of the information is exempt and will not be disclosed. 

Please apply a fee waiver to this request. If the request for a fee waiver is denied, please provide notification of any duplication costs exceeding $20 before you duplicate the records. If the request for a fee waiver is denied, please further provide an index of all other requests since 2014 for which a fee waiver was denied, and the reason therefor.

Please publish all correspondence between the city and request regarding this request to Vallejo NextRequest. Please disclose the records electronically by posting them to Vallejo NextRequest and via email to records@openvallejo.org. If you have any questions, please do not hesitate to be in touch.

Thank you for your time and attention to this matter. If you have any questions, please do not hesitate to be in touch.

Thank you.


Received

May 6, 2019 via web


Departments

None Assigned


Requester

Open Vallejo

Documents

Public

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Staff

Point of Contact

Dawn Abrahamson, City Clerk

External Message   Hide Public

Dear Anonymous,

We are in receipt of your PRA 19-270.

Pursuant to California Government Codes section 6253, the City of Vallejo shall, within 10 days from the receipt of the request, determine whether the request, in whole or in part, seeks copies of disclosable public records in the possession of the agency.

Under certain limited circumstances, the city may extend this time limit. With regard to your request, the City will make a determination by May 31, 2019.This extension is necessary due to key staffing absences that have prevented the City from completing its diligent search for your requested records within the department, as well as the need to request additional resources not immediately available for an electronic search.

Thank you for your patience, and please let me know if you have any questions.

May 14, 2019, 12:52pm by Dawn Abrahamson, City Clerk (Staff)
Request Published Public
May 6, 2019, 10:48am by Dawn Abrahamson, City Clerk
Request Opened Public
Request received via web
May 6, 2019, 10:38am