Request #19-339
  Closed

IMMEDIATE DISCLOSURE REQUEST

 

June 11, 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.

 

  1. Any memorandum of understanding or similar agreement that governs or informs the city’s engagement with the U.S. Department of Justice Community Relations Service.

 

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 no later than close of business today, June 11, 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 11, 2019 via web


Departments


Requester

Open Vallejo

Documents

Public

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Staff

Point of Contact

Araceli Flores

Request Closed   Hide Public

Apologies if we were not clear in our response. The City conducted a diligent search for the requested records. We were not able to locate any records responsive to your request, privileged or otherwise. Therefore, the City is unable to provide you with any records responsive to your request. We will not be not be reopening this request from this point forward.

June 12, 2019, 4:28pm by Dawn Abrahamson, City Clerk
Request Reopened Public
June 12, 2019, 4:26pm by Dawn Abrahamson, City Clerk
External Message   Hide Public
The city's determination appears unresponsive to our request, which was for a memorandum of understanding, not a list of names. We do not believe the identities of participants in this process are exempt. To the extent there is exempt information contained in a record, however, it should be minimally redacted and the rest of the record should be disclosed. Please re-open our request and process it according to the city's statutory obligations, including the obligation to keep withholdings to a minimum. As this record is readily available, please note that the immediate disclosure provision of the Vallejo Sunshine Ordinance applies. Thank you.
June 11, 2019, 2:21pm by the requester via email
Request Closed   Hide Public

We have searched our files, and the record you asked for are exempt from disclosure pursuant to Cal Gov. Code §6255 because records disclosing the identity of persons who weigh in on deliberative processes the functional equivalent of revealing the substance or direction of the City’s leadership judgment and mental processes.  

If you have any questions feel free to contact me.

June 11, 2019, 1:28pm by Araceli Flores
Department Assignment Public
Removed: All Other Departments.
June 11, 2019, 11:41am by Dawn Abrahamson, City Clerk
Request Published Public
June 11, 2019, 11:39am by Dawn Abrahamson, City Clerk
Department Assignment Public
All Other Departments
June 11, 2019, 11:04am
Request Opened Public
Request received via web
June 11, 2019, 11:04am