Request #19-332
  Closed

IMMEDIATE DISCLOSURE REQUEST

 

June 9, 2019

 

To Whom It May Concern:

 

This is an immediate disclosure request. 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.

 

  • Correspondence between the City of Vallejo and the California Department of Justice requesting an assessment of the Vallejo Police Department. Mayor Sampayan referenced this correspondence during a community town hall at Emmanuel Apostolic Church in Vallejo on June 8, 2019.

 

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 immediate disclosure request no later than close of business tomorrow, June 10, 2019. 

 

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.


Received

June 9, 2019 via web


Departments


Requester

Open Vallejo

Documents

Public

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Staff

Point of Contact

Angelic Bennett

Request Closed Public

 

June 11, 2019, 6:47pm by Melissa Rhodes
External Message   Hide Public

Dear Anonymous,

We have located a document that appears to respond to your request. However, as you are aware, the California Public Records Act permits a local agency to withhold from disclosure certain records that are exempt from disclosure. (Gov. Code § 6250 et seq.)  The responsive document the City has located reflects a preliminary draft not retained in the ordinary course of business, and where the public interest in withholding the record clearly outweighs the public interest in disclosure.  Therefore, the record is exempt from disclosure under Government Code section 6254(a).

June 11, 2019, 5:47pm by Melissa Rhodes (Staff)
Request Published Public
June 10, 2019, 2:59pm by Dawn Abrahamson, City Clerk
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Dear Anonymous,

We are in receipt of your PRA 19-332 and we are aware this triggered the City's Sunshine Ordinance. 

The Mayor is the only individual that would be aware of any records that may be responsive to your request. Unfortunately, the Mayor is out of the office today due to a death of a close friend. 

We anticipate that the Mayor will be back in the office tomorrow and will provide a more clear response tomorrow. 

June 10, 2019, 2:59pm by Dawn Abrahamson, City Clerk (Staff)
Department Assignment Public
Mayor's Office
June 9, 2019, 12:17pm
Request Opened Public
Request received via web
June 9, 2019, 12:17pm