Request #19-342
  Open

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.

-The City of Vallejo's flag flying policy.

-Any email, text message, proclamation, administrative rule, directive or other document that authorized the City to fly the Rainbow Pride flag on the City Hall flag poles during the month of June during 2018 or 2019.

-Any email, text message, proclamation, administrative rule, directive or other document that authorizedList of any other flags (other than the US and CA flags) that were authorized to be flown on City Hall flag poles.

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, June 17, 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

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The City is in receipt of your Public Records Act request dated June 11, 2019.  Regarding item (1) of your request, the City does not have a flag flying policy.  Therefore, we are unable to provide any documents that would respond to item (1) of your request.

 

The City believes it has records responsive to item (2) and item (3) of your request. However, the City would like clarification on item (3) of your request, which reads:

 

“Any email, text message, proclamation, administrative rule, directive or other document that authorizedList of any other flags (other than the US and CA flags) that were authorized to be flown on City Hall flag poles.”

 

The Public Records Act requires public agencies to assist members of the public in identifying records and information that are responsive to their requests. (Gov. Code § 6253.1(a)(1).)  In compliance with this obligation, we have highlighted in bold some of the language to show the parts of your request that are unclear, and to demonstrate the City’s need for additional information to help identify records that may respond to your request.  We believe the first part of item (3) may be an accidental restatement of item (2), so that item (3) should read “List of any other flags (other than the US and CA flags) that were authorized to be flown on City Hall flag poles.”  Please notify us immediately if we are misunderstanding your request.

 

To help expedite your request, minimize the City’s search for extraneous records, and generate records that are actually relevant to your inquiry, the City also asks that you provide a specific date range for the documents requested in item (3), i.e. records for the years 2017-2019. 

 

Pursuant to Government Code section 6253(c), the City needs additional time to search for, collect, and examine records for item (2) and item (3).  The City, therefore, will provide a more definitive determination as to the availability of these records and their dates of production on or before July 5, 2019.  Please note, the timeline set forth in Vallejo Municipal Code 2.08.100(A) (the City’s Sunshine Ordinance) does not apply to item (2) and item (3) of your request as the records requested are not “identifiable, nonexempt” records. 

 

Please provide clarifying information at your earliest convenience.  We look forward to receiving any additional information you can provide to assist us as we continue to process your request.

June 17, 2019, 1:46pm by Melissa Rhodes (Staff)
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Dear Anonymous person, This was my previous response to a similar request : Dear Sir or Madam, (Council bccd) Believe you me, there is no one more frustrated with the recent excessive volume and strange nature of the requests than staff who has to process them! However, part of the problem is that you are anonymous. The PRA allows, and indeed compels us to respond to anonymous requests for records. There is no practical way of differentiating one anonymous requestor from another, nor can we refuse to fulfill some requests for records but not others. From our perspective, it is irrelevant that one or more anonymous person is using an anonymous alias. It truly does not matter who is submitting the request for purposes of our fulfillment of that request. We do not intend to take any steps to discontinue adherence to our responsibilities under the Public Records Act. We do encourage you to clarify your own identity so that you are better able to address instances where unauthorized people impersonate you. Regards, In addition, I do not see any evidence to be preserved beyond the time period that State law and our administrative rules require, as we have not been served with either a claim or a lawsuit on this matter, nor do I see a possible claim or lawsuit implicating the city. On the contrary, I encourage staff to keep adhering to the Public Records Act which requires the city to respond to anonymous requests for public records, regardless of who is the requestor. Claudia Quintana City of Vallejo | City Attorney (707) 648-4545 |Claudia.quintana@cityofvallejo.net [cid:image001.png@01D01926.D4584270][cid:image002.png@01D01926.D4584270][cid:image003.jpg@01D01926.D4584270]
June 12, 2019, 10:08am by Claudia Quintana, City Attorney (Staff) via email
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We did not submit this homophobic public records request, the sixteenth fraudulent request submitted in our name. It is clearly intended to discredit our work. We consider the City of Vallejo responsible for this continuing pattern of fraud, intellectual property infringement, and retaliation for First Amendment-protected speech, press, and petition activity. Ms. Quintana: as a fellow officer of the court, and the City Attorney for Vallejo, we consider you the city employee with the most obvious duty to intervene. Since you have made clear you will not, consider this a formal request to preserve all evidence relating to request numbers 19-341 and 19-342. NextRequest, please also preserve all evidence relating to these requests. With all of Vallejo's issues, one would think the city would try to prevent its networks from being abused — it appears by city employees — to harass journalists and ordinary residents who have expressed themselves on matters of public concern. Apparently that is not the case. Please immediately publish this response to NextRequest, pursuant to the Vallejo Sunshine Ordinance.
June 12, 2019, 12:22am by the requester via email
Request Published Public
June 11, 2019, 5:57pm by Dawn Abrahamson, City Clerk
Department Assignment Public
Removed: All Other Departments.
June 11, 2019, 5:57pm by Dawn Abrahamson, City Clerk
Department Assignment Public
All Other Departments
June 11, 2019, 5:55pm
Request Opened Public
Request received via web
June 11, 2019, 5:55pm