-----Original Message-----
From: Varpetian, Lucy
[mailto:LVarpetian@ci.glendale.ca.us]
Sent:
To: Vanguard
Cc: Howard, Scott; Buchanan, Rita; Kassakhian,
Ardashes
Subject: RE: CPRAR 22607W2
Mr.
Allen:
I
reviewed your request again, and it appears that the first page
of the responsive documents were not presented to you. We will
make the records available again for your review. We have no objection to
producing these records, and have made them available to you in previous years
as well.
Lucy Varpetian
Office of the
613 East Broadway,
Tel: 818-548-2080
Fax: 818-547-3402
-----Original Message-----
From: Vanguard [mailto:vanguard1@charter.net]
Sent:
To: Varpetian, Lucy
Subject: RE: CPRAR 22607W2
Your reply was unresponsive. The only W3 was for
Workforce Investment Act.
Barry Allen
818 243 1502
-----Original Message-----
From: Varpetian, Lucy
[mailto:LVarpetian@ci.glendale.ca.us]
Sent:
To: vanguard1@charterinternet.com
Cc: Kassakhian, Ardashes;
Buchanan, Rita
Subject: RE: CPRAR 22607W2
Mr. Allen:
As we informed you in January 2006, in response
to a similar request relating to 2005 W-2 forms for all city employees, the
information you seek with regard to the W-2 form for all city employees is
privileged and therefore exempt from production pursuant to Government Code
Section 6254(k), “records, the disclosure of which is exempted or prohibited
pursuant to federal or state law...” The specific law which prohibits
disclosure of tax related information is California Revenue and Taxation Code
section 7056. Brown v. Superior Court (71 Cal. App. 3d 141, 143
(1977)) extends the privilege to W-2 forms, because they are required to be
attached to a taxpayer’s state and federal income tax return and constitute an
integral part of the return.
Records relating to the W-3 are available for
inspection in the office of the City Clerk.
Lucy Varpetian
Office of the
613 East Broadway,
Tel: 818-548-2080
Fax: 818-547-3402
-----Original Message-----
From: Vanguard [mailto:vanguard1@charterinternet.com]
Sent:
To: Kassakhian, Ardashes;
Varpetian, Lucy; Buchanan, Rita
Subject: CPRAR 22607W2
|
VANGUARD
POB 11202,
818 243 1502 – vanguard1@charter.net
Contributions are tax
deductible – Rev. Proc. 92-85, 1992-42 I.R.B. 32
VIGILANCE leads to
ACCOUNTABILITY
Ardy Kassakhian, City Clerk
613 E. Broadway
Email
RE: Public Records Act Request Reference: 22707w2
Dear Mr. Kassakhian:
Pursuant to my rights under the California
Public Records Act (Government Code Section 6250 et seq.) and the California
Constitution, as amended by passage of Prop 59 on
Please provide W-2s for all employees of the
City, Agencies, Authorities for year ending 2006 where
gross pay is in excess of $100,000. You may redact names and address but
I ask for a determination on this request within
10 days of your receipt of it, and an even earlier reply if you can make that
determination without having to review the record(s) in question.
If you determine that any or all or the
information is exempt from disclosure, I ask that you reconsider that
determination in view of Prop 59, which has amended the state Constitution to
require that all exemptions be "narrowly construed." Prop 59 may
modify or overturn authorities on which you have relied in the past.
If you nonetheless determine that the requested
records are subject to a still-valid exemption, I would further request that:
(1) you exercise your discretion to disclose some or all of the records
notwithstanding the exemption; and (2) that, with respect to records containing
both exempt and non-exempt content, you redact the
exempt content and disclose the rest.
You must provide assistance by helping to
identify records and information relevant to the request and suggesting ways to
overcome any practical basis for denying access.
Finally, should you deny part or this entire request, you are required to provide a written response
describing the legal authority or authorities on which you rely. Please also
address the question whether Prop 59 requires disclosure even though
authorities predating Prop 59 may appear to support your exemption claim.
Records concerning litigation are exempt only
until the claim is resolved or settled. Upon disposition all records including
court records and those pre-dating the suit are public.
If I can provide any clarification that will
help expedite your attention to this request, please contact me at the number
above. I ask that you notify me of any duplication costs so that I may
decide which records I want copied.
I am sending a copy of this letter to your legal
advisor to help encourage a speedy determination, and I would likewise be happy
to discuss my request with him or his designee at any time.
Thank you for your time and attention to this
matter.
Sincerely,
Barry Allen