Request #20-212
  Closed

Pursuant to the California Public Records Act and Vallejo Sunshine Ordinance, I am requesting the following:

All correspondence between Greg Nyhoff and individuals affiliated with Southern Land Company (SLC)* between the dates of August 1, 2019 and April 24, 2020, including email, text and phone records on any personal devices or personal email accounts (including XXXXX@XXXXX.com) used to conduct city business during that time period.

*Including Tim Downey, Brian Sewell, Alex Fisch, and Gaylon Lawrence Jr.


Received

April 24, 2020 via web


Departments

All Other Departments


Requester

Anonymous

Documents

Public

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Staff

Point of Contact

Wendy House

Request Closed Public

 

September 25, 2020, 7:52am by Wendy House
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The City has not located any additional records following a diligent search.  Accordingly, the City is closing this request.  Please feel free to contact Wendy House at whouse@dpmclaw.com  should you have any additional questions or concerns. 

September 25, 2020, 7:52am by Wendy House (Staff)
Document(s) Released Public
20-212.pdf
September 16, 2020, 1:39pm by Wendy House
Document(s) Released Public
20-212.pdf
September 16, 2020, 1:39pm by Wendy House
Request Published Public
September 16, 2020, 1:39pm by Wendy House
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Records responsive to your request, that have been gathered and reviewed to date, have been provided via NextRequest.  As a result of the COVID-19 emergency, the availability of City staff for all municipal purposes is severely reduced.  Operation of and access to City Hall are also substantially curtailed at this time.  In light of these circumstances and given the need to review potentially responsive records for the presence of any exempt or privileged material, the City estimates that records will be available by September 30, 2020.  If the City is able to make the records available prior to this date, it will do so. Alternatively, if additional time is needed, the City will notify you in writing.

 

Please feel free to contact Wendy House at whouse@dpmclaw.com  should you have any additional questions or concerns. 

July 14, 2020, 2:26pm by Wendy House (Staff)
Document(s) Released to Requester Public
20-212.pdf
July 14, 2020, 2:26pm by Wendy House
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This request is specific, focused in its time-frame, and serves the public interest.

 

 To note:

 

The California Supreme Court has determined that “When employees are conducting agency business, they are working for the agency and on its behalf” and that “The whole purpose of CPRA is to ensure transparency in government activities. If public officials could evade the law simply by clicking into a different email account, or communicating through a personal device, sensitive information could routinely evade public scrutiny.” (See, City of San Jose v. Superior Court of Santa Clara Cnty., H039498 (Cal. Ct. App. May. 17, 2017))

 

Additionally, in responding to this request, please keep in mind that Article 1, § 3(b)(2) of the California Constitution expressly requires you to broadly construe all provisions that further the public’s right of access, and to apply any limitations on access as narrowly as possible.

 

Also, The California Supreme Court has determined that “When employees are conducting agency business, they are working for the agency and on its behalf” and that “The whole purpose of CPRA is to ensure transparency in government activities. If public officials could evade the law simply by clicking into a different email account, or communicating through a personal device, sensitive information could routinely evade public scrutiny.” (See, City of San Jose v. Superior Court of Santa Clara Cnty., H039498 (Cal. Ct. App. May. 17, 2017))

 

Furthermore, if you contend that any portion of the records requested is exempt from disclosure by express provisions of law, Government Code § 6253(a) requires segregation and redaction of that material in order that the remainder of the records may be released.

 

Finally, Government Code §§ 6253(d) & 6255(b) require that any response to this request that includes a determination that the request is denied, in whole or in part, must be in writing and include the name and title of the person(s) responsible for the City’s response. 

 

Thank You.

May 19, 2020, 10:21am by the requester
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As you are aware, the City received your California Public Records Act (“PRA”) request dated April 24, 2020.  Devaney Pate Morris & Cameron LLP has been retained to assist the City in responding to your request.

 

In response to your request for phone records, the City will not be producing telephone numbers or records of calls as those records are exempt from disclosure under the deliberative process privilege, the privilege for confidential information set forth in California Evidence Code section 1040(a), and/or to protect the privacy rights and interests of both the City employees and the third parties whose telephone numbers would be disclosed.  (See, Rogers v. Superior Court, (1993) 19 Cal.App.4th 469, 481.) 

 

As to your remaining requests, based on the limited availability of City staff, decreased operations and access to City Hall as a result of the COVID-19 emergency, the City requires additional time to compile and review the requested information, and believes July 31, 2020 is a reasonable amount of time. 

 

If the City is able to make the records available prior to the above-mentioned date, it will do so. Alternatively, if additional time will be needed to compile the records, complete the review and redact the responsive documentation, the City will notify you in writing.  Please feel free to contact Wendy House at whouse@dpmclaw.com  should you have any additional questions or concerns.   

May 18, 2020, 6:08pm by Wendy House (Staff)
External Message Public

Hi, I would like clarity as to why this PRA has been unpublished on this website after being published on April 28 and initial response issued on May 4.

May 13, 2020, 5:26pm by the requester
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The City received your California Public Records Act (“PRA”) request dated April 24, 2020.

 

Your request will require City staff to search for, collect and examine a large number of documents to locate responsive records.  Under the PRA, a request which creates a need to search for, collect and appropriately examine a “voluminous amount of separate and distinct records” is one of the conditions that creates “unusual circumstances.”  (Government Code section 6253(c)(2).)  Under such circumstances, the City may take an extension of the standard 10-day time period provided under the PRA for making its determination on a request for records. 

 

In accordance with the above quoted section of the PRA, please be advised this letter serves as written notice that the City is taking an extension of the standard 10-day time period for providing its determination on the items you have requested.  City staff will notify you in writing with a determination on your request no later than May 18, 2020. Thank you for your patience, and please feel free to contact me at Melissa.rhodes@cityofvallejo.net should you have any questions or concerns.

May 4, 2020, 5:34pm by Melissa Rhodes (Staff)
Request Published Public
April 28, 2020, 12:50pm by Dawn Abrahamson, City Clerk
Department Assignment Public
All Other Departments
April 24, 2020, 2:29pm
Request Opened Public
Request received via web
April 24, 2020, 2:29pm