August 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.
- All records relating to any person being “blocked,” “muted,” “banned” or otherwise restricted from accessing a social media presence of any member of the Community Engagement and Volunteer Coordinator Shelee Loughmiller as of today’s date. Ms. Loughmiller’s Facebook page can be found at https://www.facebook.com/shelee.loughmiller.
This request includes communications involving private as well as public infrastructure, devices, and/or accounts. See, e.g., 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).
Ms. Loughmiller regularly uses Facebook to discuss government business with Vallejo residents. She has engaged in these discussions on apparent government time, in a manner that leaves little doubt that she is speaking in her official capacity. She has included her official contact information on several posts unprompted.
Since Ms. Loughmiller’s block list resides in an account she controls, if she “unblocks” any individual before this public records request is fully and finally satisfied, the existing record will be irretrievably destroyed. Willful destruction of a public record is a felony. See Cal. Gov. Code § 6200–6201.
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 disclose the requested record(s) electronically via email to firstname.lastname@example.org. If you have any questions, please do not hesitate to be in touch.