Request #20-223
  Closed

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 travel receipts and travel itineraries for Greg Nyhoff between the dates of January 1, 2019 and April 28, 2020, including (but not limited to) any trips to Tennessee.


Received

April 28, 2020 via web


Departments

All Other Departments


Requester

Anonymous

Documents

Public

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Staff

Point of Contact

Wendy House

Request Published Public
September 11, 2020, 3:37pm by Wendy House
Request Closed Public

 

September 11, 2020, 3:37pm by Wendy House
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Records responsive to the request have been provided via NextRequest. 

 

The City is closing this request as it has provided all responsive records.  Please feel free to contact Wendy House at whouse@dpmclaw.com  should you have any additional questions or concerns.

September 11, 2020, 3:37pm by Wendy House (Staff)
Document(s) Released Public
Travel 2.pdf
Travel 3.pdf
Travel 1.pdf
September 11, 2020, 3:36pm by Wendy House
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Certain records responsive to your request, that have been gathered and reviewed to date, are available under PRA Request 20-601, available at the following website link: https://vallejo.nextrequest.com/requests/20-601#.  The City is still determining whether it has any additional responsive records.  Therefore, we are providing what we have located thus far and will advise by October 15, 2020 whether there are any additional responsive records.

 

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

August 31, 2020, 4:51pm by Wendy House (Staff)
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In response to your communication dated May 30,  2020, the 14-day time period you reference refers to an extension of the 10-day time period within which a City must determine 1) whether a request adequately describes disclosable records, and 2) if so, provide an estimate of the date that records will be made available.  See Gov. Code § 6253.  Actual production of responsive records is not required within this 14-day period.  Production is required within a reasonable period of time. 

June 16, 2020, 7:36am by Wendy House (Staff)
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Government Code § 6253 states, "no notice shall specify a date that would result in an extension for more than 14 days" and prohibits the use of the 10-day period, or any provisions of the CPRA or any other law, “to delay access for purposes of inspecting public records" and that “unusual circumstances” can only be invoked "to the extent reasonably necessary to the proper processing of the particular request".

 

As such, August 31, 2020 is an unreasonable amount of time given the nature and specificity of this single request and the City failing to meet its burden to demonstrate a legal justification for this three-month delay in making this requested information readily available to the public as required by law.

 

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.

 

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.

 

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. If you contend that any express provision of law exists to exempt from disclosure all or a portion of the records I have requested, Government Code § 6253(c) requires that you notify me of the reasons for the determination not later than 10 days from your receipt of this request. 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. 

 

Also, 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.  

 

If I can provide any clarification that will help expedite your attention to my request, please contact me, pursuant to Government Code § 6253.1. I ask that you notify me of any duplication costs exceeding $1 before you duplicate the records so that I may decide which records I want copied.

 

Thank you for your timely attention to this matter.

May 30, 2020, 10:28am by the requester
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As you are aware, the City received your California Public Records Act (“PRA”) request dated April 28, 2020.  Devaney Pate Morris & Cameron LLP has been retained to assist the City in responding to your request.

 

Based on the limited availability of City staff, decreased operations and access to City Hall as a result of the COVID-19 emergency, and due to the magnitude of your request, the City requires additional time to compile and review the requested information.  For these reasons, the City will not be producing any records on this production date, and is revising the production schedule previously provided to you. 

 

The City will continue to search for, collect, and review records relating to your request. Given the volume of potentially responsive records, the need to review those records for the presence of any exempt or privileged material, and the totality of circumstances in light of the COVID-19 emergency, the City believes August 31, 2020 is a reasonable amount of time.  If the City is able to make the records available prior to this 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 15, 2020, 5:31pm by Wendy House (Staff)
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The City received your California Public Records Act (“PRA”) request dated April 28, 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. 

The City is searching for, collecting, and reviewing records responsive to this request. The City will provide you with disclosable records subject to any applicable exemptions in accordance with the following production schedule: May 15, May 30, June 15 and June 30.

If the City is able to make the records available prior to the production schedule dates indicated above, it will do so. Alternatively, if additional time will be needed to complete the review and redaction of the responsive documentation, the City will notify you in writing. Please feel free to contact me at Melissa.rhodes@cityofvallejo.net should you have any additional questions or concerns.

May 8, 2020, 2:09pm by Melissa Rhodes (Staff)
Request Published Public
April 28, 2020, 1:31pm by Dawn Abrahamson, City Clerk
Department Assignment Public
All Other Departments
April 28, 2020, 10:20am
Request Opened Public
Request received via web
April 28, 2020, 10:20am