PRA Requests and Responses (Santa Clara County County Counsel)

Anonymous Person filed this request with the Santa Clara County County Counsel of Santa Clara County, CA.
Multi Request PRA Requests and Responses
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Communications

From: Anonymous Person

To Whom It May Concern:

Pursuant to the California Public Records Act (CPRA, and all sunshine ordinances applicable in your jurisdiction, if any), I hereby request from Santa Clara County County Counsel ("Agency") the following records:
1. All CPRA requests (including all follow-ups, and no matter how received) prepared, owned, used or retained by your Agency, received between January 1, 2018 and the date of receipt of this request (inclusive).
2. All CPRA responses (including a copy of all responsive records and all follow-ups, and no matter how they were sent) prepared, owned, used or retained by your Agency, transmitted between January 1, 2018 and the date of receipt of this request.
3. Any logs, tracking spreadsheets, or similar of CPRA requests and responses showing items between January 1, 2018 and the date of receipt of this request
4. Any records showing official email addresses, phone numbers, employee names, job titles, and website URLs or other mechanisms used for receiving CPRA requests

Please consider these important notes, incorporated into our request:

A. ** We are specifically asking for ALL public records act requests and responses prepared, owned, used or retained by your Agency, whether they are for your own Agency, or other agencies that you may represent or work with.
If your Agency is an Office of Counsel, Clerk, Manager or other representative of a County, City, or other parent public agency, then we believe you handle CPRA requests for both your own Agency AND the parent agency and its other departments, councils, offices, boards, and other units, and we want all the CPRA requests/responses that go through your Agency. Furthermore, any requests or responses under any local sunshine ordinance applicable to your jurisdiction are included in "CPRA requests" and "CPRA responses." **

B. ** Every response you send or provide (including all responsive records) may be automatically and immediately visible on the MuckRock.com web service used to issue this request. **

C. Consider your exemption-waiver requirements under the CPRA (regarding records you have already disclosed previously) when responding to us (Govt Code 6254.5).

D. Consider your obligations under City of San Jose v. Superior Court (Smith), S218066 to search personal accounts/devices storing public records.

E. I would prefer the request fulfilled electronically, by e-mail attachment, using the original electronic format of all responsive records as required by the CPRA (Govt Code 6253.9), if at all possible; or uploaded directly to MuckRock.com using the instructions at the bottom of this email otherwise.

F. Note that if e-mail or text messages are included in the responsive records, we want a full copy () of the original e-mail or text messages including ALL headers and metadata (except those required to be redacted by law). If you convert e-mails to PDF or similar printed format, be certain to include ALL headers and metadata (not just the common from/to/subject/etc. headers).

G. Please send only those records available without any fees - since we have asked for electronic copies, we expect all will be available without fees. Nevertheless, for any records for which you would charge fees, instead of copies, please provide us the (free) statutorily-mandated CPRA determination of what records exist, so we may inspect them in person if we so choose to do so, and notify us of the expected costs if we wished to move forward with copies.

H. Please provide responsive records on a rolling basis as you approve/redact them for disclosure.

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,

Anonymous Person

From: Santa Clara County County Counsel

Dear Anonymous Person:

This email responds to your California Public Records Act Request dated April 22, 2019.

The County is gathering the requested documents. Under the provisions of California Government Code section 6253(c), the County extends its 10-day deadline within which to respond by an additional 14 days. This extension is needed to allow the County to search for, collect, compile, and appropriately examine the various categories of documents sought through your request, which includes multiple departments and off-site records. We will produce the documents on a rolling basis.

Please contact the undersigned so that we may assist you in focusing and perhaps narrowing your request, and assist you by reviewing and providing first those documents that you are most interested in receiving. For example, my understanding is that the County CPRA Log includes approximately 780 requests that fall within your specified timeframe. Perhaps you may wish to first receive our County CPRA log and then advise us which requests and related responses you would like to receive, or to receive first?

Also, we would appreciate it if you could clarify your request. As I read your request, it sounds as though you are seeking information regarding CPRA requests/responses made to the County (or any of its departments etc.) that were handled by the Office of the County Counsel, retained by the Office of the County Counsel, or have otherwise "gone through" the Office of the County Counsel, but you are not seeking information regarding CPRA requests and CPRA responses to the County and its various departments where those CPRA requests/responses were not received or retained by the Office of the County Counsel and did not "go through" the County Counsel's office in any respect. Please advise whether I am reading your request correctly.

[cid:image001.png@01D2FF10.0FC08300]

Marcy L. Berkman | Deputy County Counsel
Office of the County Counsel, County of Santa Clara
70 West Hedding Street, East Wing, 9th Floor | San José, CA 95110
Office: (408) 299-5928 | Mobile: (408)489-4830 | Facsimile: (408) 292-7240
marcy.berkman@cco.sccgov.org

NOTICE TO RECIPIENT: The information in this email is confidential and may be protected by the attorney-client and/or work product privileges. If you received this email in error, any review, use, dissemination, distribution, or copying of it is strictly prohibited. Please notify Administration, Office of the County Counsel, of the error immediately at 408-299-5900 and delete this communication and any attached documents from your system.

From: Anonymous Person

Thank you. Yes we are happy to receive the County CPRA log first. We can then be in a better position to narrow the request, if needed. And yes, our original request was only for requests that have required Counsel processing, as what we saw with other counties is their Counsel handles essentially all the CPRA requests.
** Every response you send or provide (including all responsive records) may be automatically and immediately visible on the MuckRock.com web service used to issue this request. **

From: Santa Clara County County Counsel

We have been working on your request and anticipate providing the responsive record soon. We must first review it to determine whether it contains any responsive information that must by redacted prior to production.
Sent from my iPhone
Marcy L. Berkman
Deputy County Counsel
Office of the County Counsel, County of Santa Clara
70 West Hedding Street, East Wing, 9th Floor | San José, CA 95110
Office: (408) 299-5928 | Mobile: (669)216-0276 | Facsimile: (408) 292-7240
marcy.berkman@cco.sccgov.org<mailto:marcy.berkman@cco.sccgov.org>

From: Anonymous Person

It had been over 2 weeks since this message. Please provide, under the CPRA, the estimated date of record production.

From: Santa Clara County County Counsel

Dear Anonymous Person:

Thank you for your email of May 1, 2019 clarifying that you would be happy to receive the County CPRA log in response to your CPRA request so that you could review that first and be better positioned to focus and narrow your request. Attached is the County CPRA log from January 1, 2018 to the date of your request.

Pursuant to Government Code Section 6254(k), the CPRA does not require disclosure of information that is exempted or prohibited pursuant to federal or state law, including, but not limited, to provisions of the Evidence Code relating to privilege. Pursuant to the constitutional right of privacy and Government Code §§ 6542(k), 6254.4, 6254.29, and 6255, certain personally identifying information has been redacted from the County CPRA log. Pursuant to those same provisions as well as Penal Code §§11075, 11105, 13102, 13201 and 13300, certain personally identifying information has been redacted from the County CPRA log.

[cid:image001.png@01D2FF10.0FC08300]
Marcy L. Berkman | Deputy County Counsel
Office of the County Counsel, County of Santa Clara
70 West Hedding Street, East Wing, 9th Floor | San José, CA 95110
Office: (408) 299-5928 | Mobile: (408)489-4830 | Facsimile: (408) 292-7240
marcy.berkman@cco.sccgov.org

NOTICE TO RECIPIENT: The information in this email is confidential and may be protected by the attorney-client and/or work product privileges. If you received this email in error, any review, use, dissemination, distribution, or copying of it is strictly prohibited. Please notify Administration, Office of the County Counsel, of the error immediately at 408-299-5900 and delete this communication and any attached documents from your system.

From: Anonymous Person

Thank you. Please provide all responsive records provided for requests identified in your log as:

1/8/2019 Joaquin Palomino, SF Chronicle;
1/9/2019 Ben Poston and Maya Lau;
10/22/2018 Nicholas Aaron Robinson;
12/12/2018 Jennifer Wadsworth, Metro News;
12/19/2018 Lisa Fernandez, KTVU;
12/21/2018 Darwin BondGraham, East Bay Express;
1/22/2019 Allison Levitsky, Palo Alto Daily Post;
1/24/2019 Nick Robinson;
3/5/2019 Susan Bassi;
3/26/2019 Debra Squadrito

Please consider these important notes, incorporated into our request:

B. ** Every response you send or provide (including all responsive records) may be automatically and immediately visible on the MuckRock.com web service used to issue this request. **

C. Consider your exemption-waiver requirements under the CPRA (regarding records you have already disclosed previously) when responding to us (Govt Code 6254.5).

D. Consider your obligations under City of San Jose v. Superior Court (Smith), S218066 to search personal accounts/devices storing public records.

E. I would prefer the request fulfilled electronically, by e-mail attachment, using the original electronic format of all responsive records as required by the CPRA (Govt Code 6253.9), if at all possible; or uploaded directly to MuckRock.com using the instructions at the bottom of this email otherwise.

F. Note that if e-mail or text messages are included in the responsive records, we want a full copy () of the original e-mail or text messages including ALL headers and metadata (except those required to be redacted by law). If you convert e-mails to PDF or similar printed format, be certain to include ALL headers and metadata (not just the common from/to/subject/etc. headers).

G. Please send only those records available without any fees - since we have asked for electronic copies, we expect all will be available without fees. Nevertheless, for any records for which you would charge fees, instead of copies, please provide us the (free) statutorily-mandated CPRA determination of what records exist, so we may inspect them in person if we so choose to do so, and notify us of the expected costs if we wished to move forward with copies.

H. Please provide responsive records on a rolling basis as you approve/redact them for disclosure.

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,

Anonymous Person

From: Santa Clara County County Counsel

Dear Anonymous Person:

This email responds to your follow-up California Public Records Act Request dated May 31, 2019. Under the provisions of California Government Code section 6253(c), the County extends its 10-day deadline within which to respond by an additional 14 days. This extension is needed to allow the County to search for, collect, compile, and appropriately examine the various categories of documents sought through your request.

[cid:image001.png@01D2FF10.0FC08300]
Marcy L. Berkman | Deputy County Counsel
Office of the County Counsel, County of Santa Clara
70 West Hedding Street, East Wing, 9th Floor | San José, CA 95110
Office: (408) 299-5928 | Mobile: (408)489-4830 | Facsimile: (408) 292-7240
marcy.berkman@cco.sccgov.org

NOTICE TO RECIPIENT: The information in this email is confidential and may be protected by the attorney-client and/or work product privileges. If you received this email in error, any review, use, dissemination, distribution, or copying of it is strictly prohibited. Please notify Administration, Office of the County Counsel, of the error immediately at 408-299-5900 and delete this communication and any attached documents from your system.

From: Santa Clara County County Counsel

Dear Anonymous Person:

Due to file-size limitations, I will forward pdf copies of the documents responsive to your May 31, 2019 follow-up CPRA request to you in zipped folders attached to two separate emails to follow: Batch 1 and Batch 2.

Pursuant to Government Code Section 6254(k), the CPRA does not require disclosure of information that is exempted or prohibited pursuant to federal or state law, including, but not limited, to provisions of the Evidence Code relating to privilege. Pursuant to the constitutional right of privacy and Government Code §§ 6542(k), 6254.4, 6254.29, and 6255, certain personally identifying information has been redacted (personal email addresses).

[cid:image001.png@01D2FF10.0FC08300]
Marcy L. Berkman | Deputy County Counsel
Office of the County Counsel, County of Santa Clara
70 West Hedding Street, East Wing, 9th Floor | San José, CA 95110
Office: (408) 299-5928 | Mobile: (408)489-4830 | Facsimile: (408) 292-7240
marcy.berkman@cco.sccgov.org

NOTICE TO RECIPIENT: The information in this email is confidential and may be protected by the attorney-client and/or work product privileges. If you received this email in error, any review, use, dissemination, distribution, or copying of it is strictly prohibited. Please notify Administration, Office of the County Counsel, of the error immediately at 408-299-5900 and delete this communication and any attached documents from your system.

From: Santa Clara County County Counsel

Batch 1 of the responsive documents attached.

[cid:image001.png@01D2FF10.0FC08300]
Marcy L. Berkman | Deputy County Counsel
Office of the County Counsel, County of Santa Clara
70 West Hedding Street, East Wing, 9th Floor | San José, CA 95110
Office: (408) 299-5928 | Mobile: (408)489-4830 | Facsimile: (408) 292-7240
marcy.berkman@cco.sccgov.org

NOTICE TO RECIPIENT: The information in this email is confidential and may be protected by the attorney-client and/or work product privileges. If you received this email in error, any review, use, dissemination, distribution, or copying of it is strictly prohibited. Please notify Administration, Office of the County Counsel, of the error immediately at 408-299-5900 and delete this communication and any attached documents from your system.

From: Santa Clara County County Counsel

Batch 2 of the responsive documents attached.

[cid:image001.png@01D2FF10.0FC08300]
Marcy L. Berkman | Deputy County Counsel
Office of the County Counsel, County of Santa Clara
70 West Hedding Street, East Wing, 9th Floor | San José, CA 95110
Office: (408) 299-5928 | Mobile: (408)489-4830 | Facsimile: (408) 292-7240
marcy.berkman@cco.sccgov.org

NOTICE TO RECIPIENT: The information in this email is confidential and may be protected by the attorney-client and/or work product privileges. If you received this email in error, any review, use, dissemination, distribution, or copying of it is strictly prohibited. Please notify Administration, Office of the County Counsel, of the error immediately at 408-299-5900 and delete this communication and any attached documents from your system.

From: Anonymous Person

Hi,

Thanks so much for your help with this request! I really appreciate it.

Sincerely,
Anonymous Person

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