Request #20-298
  Closed

IMMEDIATE DISCLOSURE REQUEST

 

May 13, 2020

 

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 video, containing information relating to the conduct of the public's business, prepared and possessed by Vallejo City Councilmember Hakeem Brown and previously available at https://www.facebook.com/hakeem.brown.9674/videos/3541800855847399/.  The scope of this request includes all comments, “likes,” or other responses or reactions by Councilmember Brown, any other public official, any member of the public, or any other person, including records of any interaction that may have been subsequently hidden or deleted.

 

Pursuant to the Vallejo Sunshine Ordinance, please provide a response by close of business tomorrow, May 14, 2020.

 

This request includes records involving private as well as public accounts, accounts and infrastructure. 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).

 

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).

 

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 disclose the requested record(s) electronically via publication to NextRequest and by email to records@openvallejo.org. If you have any questions, please do not hesitate to be in touch.

 

Thank you.


Received

May 13, 2020 via web


Departments

City Clerk’s Office


Requester

Open Vallejo

Documents

Public

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Staff

Point of Contact

Samantha Chen

Request Closed Public
May 15, 2020, 11:50am by Samantha Chen
External Message   Hide Public

Dear Open Vallejo,

 

The video you are seeking, along with "all comments, 'likes,' or other responses or reactions by Councilmember Brown, any other public official, any member of the public, or any other person, including records of any interaction that may have been subsequently hidden or deleted," has been deleted.  Moreover, Councilmember Brown has characterized the Facebook page that the video was on as primarily personal and not public.  Because we are not able to produce a non-existent record, we must close out this request.  Thank you for your understanding.

 

The Public Records Act requires the City to provide a written response when a records request is denied, either in whole or in part. (Gov. Code § 6255, subd. (b).) The Public Records Act also requires that notification of denial of any request for records must include the names and titles or positions of each person responsible for the denial. (Gov. Code § 6253, subd. (d).) With the name and title provided below, this correspondence fulfills both of the aforementioned legal requirements.  

 

Samantha Chen

for BEST BEST & KRIEGER LLP

May 15, 2020, 11:49am by Samantha Chen (Staff)
External Message   Hide Public

We will be searching for the record responsive to this request. However, it is not a readily identifiable, nonexempt public record.  It is a deleted record, and the potential retrieval of this record requires consultation with Councilmember Brown.  Its review and release also requires consultation with legal counsel. As such, this request is not readily answerable, and is not subject to the immediate disclosure timelines set forth in Vallejo Municipal Code 2.08.100. We will provide a determination on this request within 10 days from its receipt of this request in accordance with Government Code Section 6253(c).  Thank you.

May 13, 2020, 6:11pm by Samantha Chen (Staff)
Request Published Public
May 13, 2020, 5:47pm by Dawn Abrahamson, City Clerk
Department Assignment Public
City Clerk’s Office
May 13, 2020, 5:25pm
Request Opened Public
Request received via web
May 13, 2020, 5:25pm