Request #20-22
  Closed

January 9, 2020

 

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.

 

  1. Any email, text message, instant message or other communication sent or received over municipal infrastructure that contains any of the following text strings, exclusive of each bullet point and the space immediately following it, and agnostic of capitalization. Spaces immediately preceding and following a string that are part of a string to be searched are represented by an underscore sign (_). This is done for clarity; these underscores should be entered as spaces. Records that contain partial matches should be disclosed.

 

  • Open Vallejo
  • OpenVallejo
  • _OV_
  • O.V. 
  • (OV) 
  • “O.V.”
  • “OV”
  • OpenVallejo.org
  • records@openvallejo.org
  • facebook.com/openvallejo
  • twitter.com/openvallejo
  • twitter.com/Glid24
  • Glid24
  • Vallejo Times-Herald
  • V-TH
  • VTH 
  • Times Herald
  • TimesHerald
  • Times-Herald
  • Glidden
  • Gartrell
  • Rubins
  • Morris
  • Krans
  • OakMorr
  • Otis Taylor
  • Otis R. Taylor
  • Otis
  • Erik Ortiz
  • Sam Levin
  • Ciaramella
  • Candice Nguyen
  • Bondgraham
  • Bond graham
  • Bond-graham
  • Bondgraha
  • Darwin
  • NBC
  • KTVU
  • San Francisco Chronicle
  • The Guardian
  • SPJ
  • James Madison
  • Society of Professional Journalists
  • Press freedom
  • Freedom of the press
  • Fake news
  • Fake
  • Faked
  • Faking
  • Conspiracy
  • Conspire
  • Conspiring
  • Conspired
  • News media
  • The media
  • The press
  • Journalist
  • Journalism
  • Journalists
  • Reporter
  • Reporters
  • Bias
  • Biased
  • Misleading
  • Lies
  • Liars
  • Untrue
  • Untruthful
  • Untruth
  • False
  • Falsify
  • Falsified
  • Falsification
  • False narrative
  • Fabricate
  • Fabricating
  • Fabrication
  • Fabricated
  • Hoax

 

You may limit your search to records possessed by the city at any time between April 4, 2019 and January 9, 2020. We would appreciate rolling disclosures.

 

Please note, this request excludes records involving private devices or accounts; it seeks only those records communicated or stored on property or services controlled by the city. 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). However, this request does not exclude private services with which the city contracts, e.g., cloud storage providers.

 

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 2015 for which a fee waiver was denied, and the reason therefor.

 

Please immediately publish this request and all correspondence between the city 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

January 9, 2020 via web


Departments

All Other Departments


Requester

Open Vallejo

Documents

Public

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Staff

Point of Contact

Samantha Chen

Request Closed Public
February 9, 2020, 4:41pm by Samantha Chen
External Message Public

We are closing this request because we have not heard from you.  Thank you.

February 9, 2020, 4:41pm by Samantha Chen (Staff)
External Message   Hide Public

This request will require a substantial amount of City staff time and resources to process.  There are about 38 GB of data in email messages alone when these search terms are employed.  This data will take half a day to download.  It will take months or maybe years for City staff and Best Best & Krieger LLP to review the email messages alone.

 

Additionally, the request is for text messages, instant messages, and other communications sent or received over municipal infrastructure. A search of municipal infrastructure for communications containing the listed terms will require countless hours of staff time, to the point of impossibility.   Though it is evaluating a couple of products at this time, the City currently has no text messaging search mechanism deployed.  Staff will need to access and analyze the computers and other devices of over 600 City employees and elected officials and over 200 personal data devices (iPads, etc.). This use of staff time is disruptive to City operations and antithetical to the public interest.

 

Therefore, please assert the public interest in the disclosure of the records you seek by this Friday, February 7.  What is the value of disclosure of the records to the public? Note, Government Code section 6255 weighs only public interests.  A requester’s private interests that are not also public interests are not considered. 

 

Please consider narrowing the search terms, defining the communications you seek, and providing a list of individuals in whose communications you are interested.  Once we receive further clarification, the City will be in a better position to provide you any responsive records. 

 

Samantha Chen

for BEST BEST & KRIEGER LLP

February 3, 2020, 5:12pm by Samantha Chen (Staff)
External Message   Hide Public

The City has received your PRA request.

 

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. We will notify you in writing with a determination on your request no later than February 3, 2020.  Thank you for your patience, and please feel free to contact me at should you have any questions or concerns.

 

Samantha Chen

for BEST BEST & KRIEGER LLP

January 19, 2020, 11:30pm by Samantha Chen (Staff)
Request Published Public
January 10, 2020, 9:57am by Dawn Abrahamson, City Clerk
Department Assignment Public
All Other Departments
January 9, 2020, 7:06pm
Request Opened Public
Request received via web
January 9, 2020, 7:06pm