05-31-09, Herbert Molano to the City of Glendale, “Urgent follow up on CPRA requests during working hours and obstacles to the public”

Mr. William Fox (City Auditor), Ms. Lucy Varpetian (Sr. Assistant City Attorney):

It appears to me that many city employees have been instructed to forward any and all requests for public records to the city attorney's office so that they can be channeled through the written request process. I believe that such a practice is contrary to the letter of the law as written in the California Public Records Act.

The law states explicitly as follows:

6253. (a) Public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law.

My request for information on year-end total expenditures on fund/account 101-42700 - The city's yearly contributions to CALPERS from the General fund that normally appears on year-end financial statements - should not be routed to the city attorney's office for any kind of pre-approval for release to the general public.

Because the budget study sessions are coming to a close soon, and because discussions of the CALPERs contributions by the city are not only not being discussed actively by the city council, and because the city manager has also made remarks dismissing the public concerns about the increased burden of the city's past trends and future contributions to CALPERS, it is with some urgency that these records be made available to the public so that they can be discussed in an open forum such as the budget study sessions now held every week at the city council chambers.

But if I am obligated to file a form and wait for the requisite number of days the law allows plus the extensions, I would not have these records available for discussion prior to the final decisions by the city council.

That is why having records open for inspection at all times during working hours is an essential part of the law and the part of the law that the employees of the city of Glendale have apparently been instructed to deny to the general public.

This is my request to have access to the Detail Budget and/or the CAFR (Comprehensive Annual Financial Report) or any other electronic form that would allow me to determine the city's annual CALPERs contributions for the past 20 years so that I can convey my concerns to the city council and display the trends that will impact the city's budget in these precarious financial conditions we are experiencing and the expected financial impacts in the future.

It is also my request that a procedure change be made to help employees comply with the CPRA requests by notifying them of the inspection rights granted to the public under the law and some formal acknowledgement that they understand the specifics of the law. 

I am requesting to inspect records that are normally printed and released annually as part of the city's financial performance. I am requesting that these be made available during working hours at the counter of the finance department.

I'd appreciate a quick notice as to when the city attorney's office will comply with my request.

Thank you

Herbert Molano