Sunday, September 22, 2019

PUBLIC RECORDS ACT (PRA) LOG JULY 2019: PRA 2019-134 through PRA 2019-140, PRA 2019-144 & PRA 2019-145

ABSTRACT:  For the month of July 2019,  the City Clerk’s Office received nine (9) California Public Records Act requests, specifically, PRA 2019-134 through PRA 2019-140, PRA 2019-144 & PRA 2019-145, according to the CITY OF CARMEL-BY-THE-SEA Monthly Report July 2019 City Clerk's Office TO Honorable Mayor and City Council Members, SUBMITTED BY Britt Avrit, City Clerk, SUBMITTED ON August 27, 2019, APPROVED BY Chip Rerig, City Administrator.  Information for each PRA request, including REQUEST NUMBER, REQUEST DATE, STATUS, COMPLETED DATE, REQUESTOR, INFORMATION REQUESTED, NOTES and City Response document copies are embedded.

PRA LOG
JULY 2019
PRA 2019-134 through PRA 2019-140, PRA 2019-144 & PRA 2019-145

REQUEST NUMBER 2019-134
REQUEST 7/3/2019
STATUS Completed
COMPLETED DATE 7/9/2019
REQUESTOR Mary Schley- Pine Cone
INFORMATION REQUESTED Britt's resume/CV and tell me about the recruitment process. how many applicants you had, etc.
PRA 2019-134 City Response

REQUEST NUMBER 2019-135
REQUEST 7/16/2019
STATUS Completed
COMPLETED DATE 7/17/2019
REQUESTOR Kristian Blair
INFORMATION REQUESTED a log of recently issued permits and submitted applications in the City of Carmel. Some specific Items of interest are the project details and the companies working on them, especially the architects and engineers.
PRA 2019-135 City Response

REQUEST NUMBER 2019-136
REQUEST 7/22/2019; 7/24/19
STATUS Completed
COMPLETED DATE 7/23/2019; 8/2/19
REQUESTOR Steve Dallas
INFORMATION REQUESTED Any and all communications (electronically transmitted or mailed) between the Fair Political Practices Commission (FPPC) and Council member Bobby Richards for the period May 2016 to the present.
7/24/196 I am sorry that my email may have confused you or confused Mr. Richards. I am requesting all correspondence to Mr. Richards from the FPPC and any correspondence he, or someone on his behalf, may have sent back in reply. At this time I am not asking for copies of any of his Form 700's that were forwarded to the FPPC. That is a request that may come later, depending on the City's providing the communications requested
NOTES received email 7-24 with additional clarification
PRA 2019-136 City Response

REQUEST NUMBER 2019-137
REQUEST 7/22/2019
STATUS Completed
COMPLETED DATE 7/24/2019
REQUESTOR Johnson
INFORMATION REQUESTED Contact list of all street vending licenses.
PRA 2019-137 City Response

REQUEST NUMBER 2019-138
REQUEST 7/26/2019
STATUS Completed
COMPLETED DATE 7/29/2019
REQUESTOR Mary Schley- Pine Cone
INFORMATION REQUESTED ~you please send me copies of whatever Kellie Quinn-Hoffmerster provided to the city council at the June council meeting regarding conditions at Sunset Center?
PRA 2019-138 City Response

REQUEST NUMBER 2019-139
REQUEST 7/30/2019
STATUS Completed
COMPLETED DATE 8/1/2019
REQUESTOR Paterson
INFORMATION REQUESTED Please send requestor John Chavez's request and the City clarification request, per the California Public Records Act.

PRA 2019-139/PRA 2019-093 City Response

REQUEST NUMBER 2019-140
REQUEST 7/31/2019
STATUS Completed
COMPLETED DATE 8/1/2019
REQUESTOR Mary Schley- Pine Cone
INFORMATION REQUESTED Can you please send me the candidates' campaign finance statements that are due today?

PRA 2019-140 City Response

REQUEST NUMBER 2019-144
REQUEST 7/29/2019
STATUS Completed
COMPLETED DATE 8/8/2019
REQUESTOR Paterson
INFORMATION REQUESTED a) The CPRA contains many exceptions to its disclosure rules, including. possibly relevant here, employee personnel files and records of discipline.
Cal. Gov. Code§ 6254(c). However, where "charges are found true, or discipline is imposed, the strong public policy against disclosure vanishes ... where there is reasonable cause to
believe the complaint to be well founded, the right of public access to related public records exists .· AFSCME v. Regents of the University of California , 80 CaL App. 3d 913, 918 (1978). Therefore, this entire report discussing complaints of sexual harassment leveled against a government official should be disclosable. b)Since the City did not disclose the entire 217-page CONFIDENTIAL INVESTIGATIVE REPORT REGARDING COMPLAINTS OF SEXUAL HARASSMENT PREPARED FOR THE CITY OF CARMEL-BY-THE-SEA as requested, the City is required to cite an applicable exemptions and its reasoning why that exemption applies. Ergo, cite applicable exemptions and its reasoning why that exemption applies.
NOTES no records provided

Ms. Paterson:

The City is in receipt of your July 28, 2019 correspondence requesting an unredacted copy of the confidential investigative report regarding complaints of sexual harassment against former City of Carmel Mayor Steve Dallas. Please be advised that this response is being provided pursuant to Government Code 6255. The City has reviewed your request and denied your request for an unredacted copy of the report for the reasons articulated herein. The determination regarding this request was made by Special Counsel. 

Redactions to the investigative report consisted of redactions of names and other personally identifiable information of individuals, including job titles and employer information. These redactions were made to preserve the anonymity and privacy of these individuals, all of whom were members of the general public and not employees of the City of Carmel. These individuals were either complainants or witnesses involved in the investigation. Pursuant to Government Code 6255(a) the redacted information is exempt from disclosure because the public interest served by not disclosing the names and other personally identifiable information of complainants and witnesses clearly outweighs the public interest served by disclosure of the unredacted record.

The foregoing decision is supported by California case law as courts have found that the public interest served by withholding public records containing names, addresses, and telephone numbers of persons making complaints clearly outweighs the public interest served by disclosure of such records, such that these records are exempt from disclosure under Government Code 6255(a), as disclosure of this information would have a chilling effect on future complaints and complainants have significant privacy interests at stake.  City of San Jose v. Superior Court (App. 6 Dist. 1999) 88 Cal.Rptr.2d 552, 74 Cal.App.4th 1008

Additionally, certain information was redacted pursuant to Government Code 6254(f) and California Penal Code 964(b), as such information contained confidential personal information. As stated on the cover page of the redacted report that was previously provided, the original report has not been altered and only names and identifying details have been redacted in the interest of preserving the privacy of those individuals involved in the investigation.

Britt Avrit, MMC
City Clerk
City of Carmel-by-the-Sea
PRA 2019-144 City Response

REQUEST NUMBER 2019-145
REQUEST 7/24/2019
STATUS Completed
COMPLETED DATE 8/8/2019
REQUESTOR Mary Schley- Pine Cone
INFORMATION REQUESTED copies of the correspondence you have sent out to all the city attorney candidates so far
NOTES no records provided
PRA 2019-145 City Response

No comments: