Date: Fri, 5 May 2006 11:03:38 -0700
To: "Gallegos, Paul"
"Modell, Linda"
From: [Rose Welsh]
Subject: Fwd: RE: PUBLIC RECORD ACT REQUEST re GRANTS
Cc: "County Administrator Office"
"Falor, Tammy"
"Hendry, Richard" ,
"Keat, Wesley"
Glenn Franco Simmons
May 5, 2006
To: Paul Gallegos
Humboldt County District Attorney's Office
825 Fifth St.
Eureka, CA 95501
Mr. Gallegos:
According to the Government Code cited below, you cannot refuse to give me the information on all of the grants received by your office. That information has nothing to do with pending litigation, as grant information if prepared for the grantors, not for pending litigation. The pending litigation provision under section 6254(b) has no applicability to the domestic violence and statutory rape information.
You are already in violation of the public records act requirements, as this information should have been delivered to me by April 28th 2006.
Failure to deliver the complete information requested by Monday, May 8th, 2006 at 10:00 am will result in litigation.
Under the "pending litigation" exemption from the disclosure of public records, a document is protected from disclosure only if it was specifically prepared for use in litigation. City of Hemet v Superior Court (1995, 4th Dist) 37 Cal App 4th 1411, 44 Cal Rptr 2d 532.
"Pending litigation," which focuses on the purpose of the document, serves to protect documents created by a public entity for its own use in anticipation of litigation. Fairley v Superior Court (1998, 2nd Dist) 66 Cal App 4th 1414, 78 Cal Rptr 2d 648.
A document is protected from disclosure under the pending litigation exemption only if the document was specifically prepared for use in litigation County of Los Angeles v Superior Court (2000, 2nd Dist) 82 Cal App 4th 819, 98 Cal Rptr 2d 564.
Rosemarie Welsh
cc:
"County Administrator Office"
"Falor, Tammy"
"Hendry, Richard"
"Keat, Wesley"
Glenn Franco Simmons
***
Subject: RE: PUBLIC RECORD ACT REQUEST re GRANTS
Date: Thu, 4 May 2006 16:51:39 -0700
From: "Modell, Linda"
To: "Rose Welsh"
Cc: "County Administrator Office"
"Falor, Tammy"
"Hendry, Richard"
"Gallegos, Paul"
"Keat, Wesley"
Ms. Welsh - The documents you have requested are available for you to pick up at the District Attorney's Office. There is a total of 1,454 pages @.25/pg totalling $363.50. Please make your check payable to the Humboldt County District Attorney - General Fund.
The records do not contain documents from the Spousal Abuse Prosection Program or the Statutory Rape Vertical Prosecution Program. These documents are the subject of pending litigation and per advice of County Counsel and Government Code section 6254(b) we are not able to disclose at this time. We will be happy to provide them once the lawsuit has resolved. Please let us know if you wish them to be provided at that time.
Two programs that the District Attorney is not the grantee of, and therefore we do not have complete information on, can be requested from the agencies that administer them. They are the Marijuana Suppression Program administered by the Humboldt County Sheriff's Office and the NC3TF administered by the Marin County District Attorney's Office.
-----Original Message-----
From: peoplearefunny [mailto:peoplearefunny@cox.net]
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
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