From: Barry Allen
[mailto:ba@fieldworks.net]
Sent:
To: 'Varpetian, Lucy'
Subject: RE: cprar 112107 Email
The Mayor publicly acknowledged receiving email during a council
meeting. Is that privileged?
From: Varpetian, Lucy
[mailto:LVarpetian@ci.glendale.ca.us]
Sent:
To: Barry Allen
Cc: Buchanan, Rita; Kassakhian, Ardashes
Subject: RE: cprar 112107 Email
With regard to your modified request, please be advised that since there were no records responsive to your original request, it would follow that there are no records responsive to your request as to the first part. With regard to the second part, please be advised that directives from the City Attorney’s office are privileged attorney-client communications, and therefore exempt from production. However, records responsive to the last part of your request 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: Barry Allen [mailto:ba@fieldworks.net]
Sent:
To: Varpetian, Lucy
Subject: cprar 112107 Email
But I see them using their blackberries every Tuesday evening. There must be a record. I modify the request to include the names of the senders to the recipients of those on the dais, the topic of the email and to include any directives from the City Attorney’s office to those on the dais in handling the public records request. A further amendment to include the documents that provide the policies, procedures and practices to store email sent and received on city computers, servers and blackberry’s
From: Varpetian, Lucy [mailto:LVarpetian@ci.glendale.ca.us]
Sent:
To: Barry Allen; Buchanan, Rita; Kassakhian, Ardashes
Subject: RE: cprar 112107 Email
Please be advised that there are no responsive records.
Lucy Varpetian
Office of the
613 East Broadway,
Tel: 818-548-2080
Fax: 818-547-3402
CONFIDENTIAL
THIS MATERIAL IS SUBJECT TO THE ATTORNEY-CLIENT AND/OR THE ATTORNEY WORK PRODUCT PRIVILEGES. DO NOT DISCLOSE THE CONTENTS HEREOF. DO NOT FILE WITH PUBLICLY ACCESSIBLE RECORDS.
-----Original Message-----
From: Barry Allen [mailto:ba@fieldworks.net]
Sent:
To: Buchanan, Rita; Kassakhian, Ardashes; Varpetian, Lucy
Subject: cprar 112107 Email
|
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
November 21. 2007
Ardy Kassakhian, City Clerk
613 E. Broadway
RE: Public Records Act Request Reference: 112107 BB Messages
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
Emails
sent and received by all Councilmembers, Mr. Starbird, Mr. Howard during the
period on Tuesdays from
Definitions:
1. The term "Person" and/or "Persons" as used herein means a "member of the public", "State Agency", and "Public agency" as those terms are defined in State of California Statutes and Administrative Codes, Government Code §6250, et. seq., and related sections respectively, and of its respective predecessors, successors, shareholders, officers, directors employees, agents, representatives, assigns or person action or purporting to on his/her behalf and attorneys.
2 The term "documents" and/or "document" as used herein means all "writings", "originals", and "duplicates" as those terms are defined in Government Code Section §6252, respectively. Every kind, source, authorship, both originals and/or non-identical copies thereof, in City of Glendale possession, custody or control, or known by the City of Glendale to exist, irrespective of whether the document is one intended for or transmitted internally by the City of Glendale, or intended for or transmitted to any other person or entity, including, without limiting any government agency, department, administrative entity, personnel, or employee. The foregoing, these terms include any and all typed, duplicated, handwritten or combination thereof, authored or used, handwritings, typewritten, printed, photo stated, photographed, or any means of recording upon any form, printed, pictorial, magnetic or paper tapes, photographic films or prints, magnetic or punched cards, discs, drums, or graphic matter, however, produced or reproduced, of every kind or description or communication, preserved and communicated in some manner-verbal or nonverbal, qualitative or quantitative information, mediated by any technology, including but not limited to: records, letters, correspondence, telegrams, telexes, accounting, notes of any type, minutes of any meeting memoranda, intra-office and inter-office communications, reports, written analyses, contracts, modifications, of such contracts, licenses, agreements, schedules, work papers, summaries, interviews, telephone conversations, affidavits, printed matter (including published books, articles, speeches, and newspaper clippings, press releases, charts, drawings, specifications, parts lists, evaluations, advice, recommendations, commentaries, conclusions, studies, testing, data, reports and results, ledgers, books of account, vouchers, bank checks, invoices, charge slips, receipts, digest, analysis, communications, broadcasts, working papers, statistical records, cost sheets, stenographer's notebooks, transcriptions, desk calendars, appointment books, diaries, time sheets or logs telephone logs, maps, illustrations, diagrams, photographs, tape recordings, movies, films, transcriptions, videotapes, electronic or magnetic recordings, computer data, including but not limited to punch cards, magnetic tapes and printouts, job and transaction files, books, notes or recordings of any conversations, or anything similar to any of the foregoing, however denominated, as well as all copies, duplicates, and drafts of the foregoing and including any electronic communication(s).
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