CA Attorney General TISCA

Robert Teel filed this request with the Office of the Attorney General - California of California.

It is a clone of this request.

Status
Rejected

Communications

From: Robert Teel

To Whom It May Concern:

Pursuant to the California Public Records Act (California Government Code §§ 6250), I hereby request the following records:

Please provide each annual list described in the California Revenue and Taxation Code Section 19547.5 of retail sellers and manufacturers required to disclose efforts to eradicate slavery and human trafficking pursuant to Section 1714.43 of the Civil Code for period beginning January 1, 2011 to the present.

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,

Robert Teel

From: Office of the Attorney General - California

The request has been rejected by the agency.

From: Robert Teel

Dear Mr. Safarian,

Thank you for your reply. I ask that you reconsider my request based on, without limitation, the fact that many of the companies in your Trafficking In Supply Chain Act (“TISCA”) database are public SEC reporting companies, and as such have already disclosed their annual revenues, as well as the statutory law set forth below. I am not asking for any FTB returns, reports, or documents required to be filed or the actual revenue number, but only the company names that are on the TISCA list.

Pursuant to Government Code §6253(a), any non-exempt part of a record must be made available after any exempt information has been redacted. To the extent any of the information requested is non-exempt (such as the public companies who have already disclosed their annual revenues in SEC filings), disclosure is warranted and I request the names of such companies on the TISCA list be provided forthwith.

California Revenue and Taxation Code Section 19542 prohibits disclosure only by agencies or public servants who “has or had access to returns, reports, or documents required to be filed under this part . . .” The Attorney General does not have access to “returns, reports, or documents required to be filed” with the FTB, and thus disclosure of the list is not proscribed. Similarly, Revenue and Taxation Code Section 19552 only protects tax information from unwarranted disclosure.

Govt. Code Section finds and declares that access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state. Accordingly, the interest of the public in the conduct of the people’s business in the conduct and compliance of TISCA is warranted, particularly in the case of public companies whose revenues are already a matter of public record.

Since disclosure of the TISCA list not a return, report, or document required to be filed under Section 19542, and the legislature has found and made clear that access to information about the function of state government is a fundamental and necessary right, disclosure of the names on the TISCA list is warranted, particularly as to public companies whose annual revenues are already a matter of public record.

Thank you for your consideration.

Sincerely,

Robert Teel

From: Anthony Seferian

Dear Mr. Teel,

Please find attached a letter in response to your recent inquiry.

Sincerely,
Anthony V. Seferian
Deputy Attorney General
Civil Rights Enforcement Section
State of California Department of Justice
300 S. Spring Street
Los Angeles, California 90013
Telephone: (213) 897-5926
Facsimile: (213) 897-7605
E-mail: anthony.seferian@doj.ca.gov<mailto:anthony.seferian@doj.ca.gov>

From: Robert Teel

Dear Mr. Safarian,

Thank you for your reply. There is one last item in my last correspondence which I don't believe was addressed. Does the Attorney General have any comment or response in connection with my position that,"

"California Revenue and Taxation Code Section 19542 prohibits disclosure only by agencies or public servants who 'has or had access to returns, reports, or documents required to be filed under this part . . .' The Attorney General does not have access to 'returns, reports, or documents required to be filed' with the FTB, and thus disclosure of the list is not proscribed. Similarly, Revenue and Taxation Code Section 19552 only protects tax information from unwarranted disclosure."

I apologize if I missed anything in your response addressing my position on this issue. I simply wish to be thorough before pursuing any available appeals or other rights or remedies.

Thank you for your consideration and professionalism. I appreciate it.

Sincerely,

Robert Teel

From: Robert Teel

Dear Mr. Seferian,

Without implying any waiver of the undersigned's rights and remedies under the CPRA (all such rights and remedies are hereby expressly reserved), would the Attorney General's Office provide a list of businesses that have voluntarily responded to the Attorney General's web page with information about their compliance with the Transparency In Supply Chain Act?

I believe public disclosure of the information about which businesses are covered by TISCA and their compliance therewith is a very important one. I also understand and appreciate the Attorney General's concerns about public disclosure of the TISCA list absent further authorization. Accordingly, I would like to narrow and frame the issues we may disagree on to simplify the legal process should it become a last resort.

To that end, I will prepare another correspondence to see if I can summarize what we do and do not agree on. In the meantime, if the AG's office would provide a list or spreadsheet of the business' voluntary inquiries as requested above I would appreciate it.

Sincerely,
Robert Teel

From: Office of the Attorney General - California

The request has been rejected by the agency.

From: SB657

Dear Mr. Teel,

Attached please find a response to your email dated November 17, 2016.

Thank you,

Nancy A. Beninati

CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.

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