April 14, 2006 Public Records Act response

From: "Modell, Linda"

Cc: "Hendry, Richard"
"County Administrator Office"
"Gallegos, Paul"
"Falor, Tammy"

Due to the volume of records in your request and shortage of staff necessary to comply, we are invoking our right to an additional 14 days in which to respond to your request.

-----Original Message-----
From: District Attorney
Sent: Wednesday, April 05, 2006 8:32 AM
To: Modell, Linda
Subject: FW: PUBLIC RECORD ACT REQUEST re GRANTS


-----Original Message-----
From:
Sent: Monday, April 03, 2006 9:35 AM
To: District Attorney
Cc: County Administrator Office; Falor, Tammy
Subject: PUBLIC RECORD ACT REQUEST re GRANTS

April 3, 2006

To: Paul Gallegos
Humboldt County District Attorney's Office
825 Fifth St.
Eureka, CA 95501

PUBLIC RECORD ACT REQUEST - TIME SENSITIVE

Please provide me with the following records in your possession:

REGARDING GRANTS RECEIVED BY THE D.A.'s OFFICE:

Please provide the following records in your possession:

Copies of all records regarding ALL GRANTS received by the District Attorney's Office for the years 2002, 2003, 2004, and 2005, including but not limited to:

1.) The records regarding all grants in the areas of DOMESTIC VIOLENCE and the breakdown of how those funds were ALLOCATED AND SPENT including but not limited to:

a.) the TOTAL AMOUNT RECEIVED for each grant for each of the named years

b.) the CONDITIONS upon which each grant was approved to be spent

c.) the NAMES of each of the district attorney's office employees that were paid using money from these grants, in other words, which positions were funded, in part or in full by these grants

d.) the amount ACTUALLY SPENT on each employee

e.) the TOTAL BREAKDOWN of how each grant was actually spent and the name of the source, person or entity that received the funds

2.) The records regarding ALL GRANTS received by the District Attorney's Office in the areas of CHILD ABUSE for the years 2002, 2003, 2004, and 2005, and the BREAKDOWN of how those funds were spent, including but not limited to:

a.) the TOTAL AMOUNT RECEIVED for each individual grant for each of the named years,

b.) the CONDITIONS upon which each grant was approved to be spent

c.) the NAMES of each of the district attorney's office employees that were paid using money from these grants, in other words, which positions were funded, in part or in full by these grants

d.) the amount ACTUALLY SPENT on each employee


A. This is a request made under the California Public Records Act. [Government Code 6250-6277].

B. By law you have 10 calendar days in which to respond to this request. [Government Code 6253(c)].

C. The Public Records Act mandates that public records be open to inspection and that every person has a right to inspect any public record unless the record is specifically exempt from disclosure. Unless exempt, upon a request for a copy of records that "reasonably describes an identifiable record or records" you are required to make the records promptly available to any person upon payment of fees covering costs of duplication. [Government Code 6253].

D. In the event that there is any uncertainty as to the identity of any record sought, you are affirmatively required to assist the requesting party in better defining the request so that the records can be located and made available. [Government Code 6253.1].

E. You are required to justify in writing the withholding of any record. [Government Code 6253]. The burden of establishing an exemption is on the public agency. [Vallejos v. California Highway Patrol, 89 CA3d 781, 787 (1979)].

F. The Public Records Act does not limit access to a public record based upon the purpose for which the record is being requested, if the record is otherwise subject to disclosure. [Government Code 6257.5].

G. Agencies are not permitted to delay or obstruct the inspection or copying of public records. The notification of denial of any request for records shall set forth the names and titles or positions of each person responsible for the denial. [Government Code 6253(d)].
H. If a reasonably segregable portion of a record is exempt by law from production, that portion shall be deleted and the balance of the record shall be provided for inspection. [Government Code 6253(a)].

I. The legislative policy behind the Public Records Act favors disclosure. [Berkeley Police Assn. v. City of Berkeley, 76 CA3d 931, 941 (1977)].

J. Any authorized fees will be paid to you on delivery, pursuant to an itemized invoice.

Rosemarie Welsh
CC:
Loretta Nickolaus, CAO
Tamara Falor, County Counsel