City of Novato Lee Gerner Park Communications
| Tracking # |
N000293-090824 |
| Submitted | Sept. 6, 2024 |
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Communications
From: Robbie Powelson
To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
All emails within the email accounts of Sullina Smiths , Jessica Deakyne, Amy Cunningham that include the key terms "shelter" "bed" "Lee Gerner" "Lee Gerner Park" "Motel" "Hotel" "Fire" "Homeward Bound""HBOM" or "Camp".
All text communications from the cell phones of Sullina Smiths , Jessica Deakyne, Amy Cunningham that include the key terms "shelter" "bed" "Lee Gerner" "Lee Gerner Park" "Motel" "Hotel" "Fire" "Homeward Bound""HBOM" or"Camp".
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.
Sincerely,
Robbie Powelson
From: Novato City Clerk
Dear Robbie Powelson:
Your request was submitted on 9/8/2024 and given the reference number N000293-090824 for tracking purposes.
Records Requested: To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
All emails within the email accounts of Sullina Smiths , Jessica Deakyne, Amy Cunningham that include the key terms "shelter" "bed" "Lee Gerner" "Lee Gerner Park" "Motel" "Hotel" "Fire" "Homeward Bound""HBOM" or "Camp".
All text communications from the cell phones of Sullina Smiths , Jessica Deakyne, Amy Cunningham that include the key terms "shelter" "bed" "Lee Gerner" "Lee Gerner Park" "Motel" "Hotel" "Fire" "Homeward Bound""HBOM" or"Camp".
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.
Sincerely,
Robbie Powelson
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City of Novato
From: Novato City Clerk
--- Please respond above this line ---
RE: City Records Request of September 08, 2024, Reference # N000293-090824 Dear Robbie Powelson, The City of Novato received a public records request from you on September 08, 2024. Your request mentioned: To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
All emails within the email accounts of Sullina Smiths , Jessica Deakyne, Amy Cunningham that include the key terms "shelter" "bed" "Lee Gerner" "Lee Gerner Park" "Motel" "Hotel" "Fire" "Homeward Bound""HBOM" or "Camp".
All text communications from the cell phones of Sullina Smiths , Jessica Deakyne, Amy Cunningham that include the key terms "shelter" "bed" "Lee Gerner" "Lee Gerner Park" "Motel" "Hotel" "Fire" "Homeward Bound""HBOM" or"Camp".
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.
Sincerely,
Robbie Powelson
Upload documents directly: https://www.muckrock.com/ Further clarification is required to complete your request: please specify a date range for your request. Respond to this email with the details requested above. Upon receipt of clarification, the City of Novato will further respond to your public records request as required by law. For questions or additional information, please reply to this email. Sincerely, Laura McDowall
City Clerk
From: Novato City Clerk
--- Please respond above this line ---
RE: City Records Request of September 08, 2024, Reference # N000293-090824 Dear Mr. Powelson, I am following up with my message of September 12, 2024. Further clarification is required to complete your request: Please specify a date range for your request. Respond to this email with the details requested above. Upon receipt of clarification, the City of Novato will further respond to your public records request as required by law. For questions or additional information, please reply to this email. Sincerely, Laura McDowall
City Clerk
From: Robbie Powelson
Date range is from January1st 2021 up until completion of this request.
From: Novato City Clerk
--- Please respond above this line ---
RE: City Records Request of September 08, 2024, Reference # N000293-090824 Dear Mr. Powelson, Thank you for clarifying the date range for your request. The Public Records Act allows for requests of records that the City has at the time of the request, so we will adjust the date range to January 1, 2021 through the date of your request, September 8, 2024. If upon receipt of the responsive documents additional records are needed, please feel free to submit a new request with updated dates. For questions or additional information, please reply to this email. Kindest regards, Laura McDowall
City Clerk
From: Novato City Clerk
--- Please respond above this line ---
RE: City Records Request of September 08, 2024, Reference # N000293-090824 Dear Robbie Powelson, The City of Novato received a public records request from you which asked for: All emails within the email accounts of Sullina Smiths , Jessica Deakyne, Amy Cunningham that include the key terms "shelter" "bed" "Lee Gerner" "Lee Gerner Park" "Motel" "Hotel" "Fire" "Homeward Bound""HBOM" or "Camp".
All text communications from the cell phones of Sullina Smiths , Jessica Deakyne, Amy Cunningham that include the key terms "shelter" "bed" "Lee Gerner" "Lee Gerner Park" "Motel" "Hotel" "Fire" "Homeward Bound""HBOM" or"Camp".
Your request was clarified on September 25, 2024 to be records within the date range of January 1, 2021 through the date of your request, September 8, 2024. The City is typically afforded ten (10) days from the date of receipt of your request to make a determination whether your request seeks disclosable public records. In accordance with the Public Records Act, the City will require an extension of that deadline of up to an additional fourteen (14) days to make such a determination due to the t he need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request. The City intends to respond to your request within two weeks of the date of this correspondence. For questions or additional information, please reply to this email.
Kindest regards,
Laura McDowall
City Clerk
From: Novato City Clerk
--- Please respond above this line ---
RE: City Records Request of September 08, 2024, Reference # N000293-090824 Dear Robbie Powelson, The City of Novato received a public records request from you on September 08, 2024, and this follows my communication of October 4, 2024. Your request was as follows: To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
All emails within the email accounts of Sullina Smiths , Jessica Deakyne, Amy Cunningham that include the key terms "shelter" "bed" "Lee Gerner" "Lee Gerner Park" "Motel" "Hotel" "Fire" "Homeward Bound""HBOM" or "Camp".
All text communications from the cell phones of Sullina Smiths , Jessica Deakyne, Amy Cunningham that include the key terms "shelter" "bed" "Lee Gerner" "Lee Gerner Park" "Motel" "Hotel" "Fire" "Homeward Bound""HBOM" or"Camp".
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.
Sincerely,
Robbie Powelson
Upload documents directly: https://www.muckrock.com/ In response to a request for clarification from the City on September 12, 2024 and September 23, 2024, your request was narrowed on September 25, 2024 to be for records within the date range of January 1, 2021 through the date of your request, September 8, 2024. The City has determined that it has records responsive to your request and is currently reviewing and preparing the records for disclosure. We anticipate that the records will be released within 30 days of this communication. For questions or additional information, please reply to this email. Kindest regards, Laura McDowall
City Clerk
From: Robbie Powelson
Hello, this response is overdue. I have given the City all the extensions requested, but at this point it seems my only relief will be through a writ of mandate directing you to provide the response. I will file for a writ presently.
From: Novato City Clerk
--- Please respond above this line ---
RE: City Records Request of September 08, 2024, Reference # N000293-090824 Dear Robbie Powelson, This message follows my communications of 9/12/24, 9/23/24, 9/25/24, 10/4/2024, and 10/17/2024. The City of Novato received a public records request from you on September 08, 2024 which asked for the following:
All emails within the email accounts of Sullina Smiths , Jessica Deakyne, Amy Cunningham that include the key terms "shelter" "bed" "Lee Gerner" "Lee Gerner Park" "Motel" "Hotel" "Fire" "Homeward Bound""HBOM" or "Camp".
All text communications from the cell phones of Sullina Smiths , Jessica Deakyne, Amy Cunningham that include the key terms "shelter" "bed" "Lee Gerner" "Lee Gerner Park" "Motel" "Hotel" "Fire" "Homeward Bound""HBOM" or"Camp".
Under Government Code section 7922.535, subdivision (a), this message shall serve as a formal response to your request. This message shall also serve as notification that I am the person responsible for determining which records are responsive and subject to production under Government Code section 7922.540.
The City has reviewed your request and determined there are responsive documents as well as certain records which have been determined to be exempt from disclosure. Pursuant to Government Code section 7922.540, the responsive records are available using the following link: City Records Request - N000293-090824 I reviewed the responsive documents and determined certain portions of these records are exempt from disclosure and will therefore not be disclosed pursuant to the statutory exemptions noted below:
* Attorney-Client Privilege – Government Code sections 7927.705 and 7930.110; Evidence Code sections 952 and 954; Bus. & Prof. Code section 6068 – Records which are exempted or prohibited pursuant to federal or state law, including those relating to privilege, are exempt from disclosure.
* Attorney Work Product – Government Code section 7927.705; Code of Civ. Proc. section 2018.030 – Writings that reflects an attorney’s impressions, conclusions, opinions, or legal research or theories are exempt from disclosure.
* Deliberative Process Privilege – Government Code section 7922.000; Times Mirror Co. v. Superior Court (1991) 53 Cal.3d 1325; California First Amendment Coalition v. Superior Court (1998) 67 Cal.App.4th 159 – The public interest in nondisclosure clearly outweighs the public interest in disclosure of records revealing the deliberations of agency officials used to reach a decision.
* Preliminary Drafts and Similar Materials – Government Code section 7927.500 – Any preliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by a public agency in the ordinary course of business are exempt from disclosure.
* Personally Identifying Information – Government Code section 7922.000; American Civil Liberties Union Foundation v. Superior Court (2017) 221 Cal.Rptr.3d 832 – The public interest in nondisclosure clearly outweighs the public interest in disclosure of information that infringes upon privacy rights.
* Personnel Records – Government Code section 7927.700 – Certain records, such as personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy, are exempt from disclosure.
* Confidential Informants and Investigatory or Security Files – Government Code sections 7923.600, 7922.000; Evidence Code sections 1040, 1041 – Any complaints to a local police agency or any investigatory or security files compiled by a local agency for correctional, law enforcement, or licensing purposes are exempt from disclosure. The public interest in nondisclosure clearly outweighs the public interest in disclosure of the identity of a person who has furnished information in confidence to the Town for administration or enforcement of a law alleged to be violated.
* Official Information Privilege – Government Code sections 7927.705; Evidence Code sections 1040 – Information acquired in confidence by a public employee in the course of his or her duty and not open, or officially disclosed, to the public prior to the time the claim of privilege is made. Public Interest Balancing Test – Government Code section 7922.000 -- On the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record Please be advised the City will not allow inspection or copying of any privileged documents. While we will try to remove all privileged documents, the inadvertent inclusion of any privileged documents does not constitute a waiver and we ask you to notify us of any privileged material that is inadvertently provided. Also be advised the City is not required to produce documents that are exempt from disclosure under the California Public Records Act, records destroyed in accordance with Government Code section 34090 and the City’s records retention policy, or records that include such information that the public interest served by not disclosing the records clearly outweighs the public interest served by the disclosure of the records.
Under Government Code section 7922.600, please let me know if you would like to discuss your request further or if I can assist you in clarifying the request, identifying records responsive to the request, or requesting additional records.
Sincerely,
Laura McDowall
City Clerk
cc: Amy Cunningham, City Manager
Gary Bell, City Attorney
Mackenzie Anderson, Assistant City Attorney
Conor Harkins, Assistant City Attorney
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