-----Original Message-----
From: Varpetian, Lucy [mailto:LVarpetian@ci.glendale.ca.us]
Sent:
Thursday, March 22, 2007 1:06 PM
To: ba@fieldworks.net
Cc: Kassakhian, Ardashes; Buchanan, Rita
Subject: RE: CPRAR 31507 jsgnp

 

Mr. Allen:

 

Please be advised that with regard to item 1 below there are no records responsive to your request.

 

With regard to item 2, please be advised that Mr. Starbird’s calendar is not a public record as defined by the Government Code.  However, if it were a public record, it would be exempt from production pursuant to the deliberative process privilege, and section 6255 of the Government Code, in that the public interest in nondisclosure would outweigh the private interest in disclosure. 

 

Lucy Varpetian

Senior Assistant City Attorney

Office of the Glendale City Attorney

613 East Broadway, Suite 220

Glendale, CA  91206

Tel: 818-548-2080

Fax: 818-547-3402

 

 

 

-----Original Message-----
From: Barry [mailto:ba@fieldworks.net]
Sent:
Thursday, March 15, 2007 10:37 AM
To: Kassakhian, Ardashes; Varpetian, Lucy; Buchanan, Rita
Subject: CPRAR 31507 jsgnp

 

 

VANGUARD

POB 11202, Glendale, CA 91226

818 243 1502 – vanguard1@charter.net

Contributions are tax deductible – Rev. Proc. 92-85, 1992-42 I.R.B. 32

VIGILANCE leads to ACCOUNTABILITY

 

March 15, 2007

Ardy Kassakhian, City Clerk

City of Glendale, CA

613 E. Broadway

Glendale, CA 91206

 

Email


RE: Public Records Act Request Reference: _31507 jsgnp

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 November 3, 2004, I am writing to request inspection of the following records, which I understand to be in the possession of your agency:

 

1.       For year 2006 through April 15, 2007 all email communications between City Manager Jim Starbird and the Glendale News Press, its reporters, executives, staff or affiliates.

2.       For the same period Mr. Starbird’s calendar

 

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