55A - SAN LORENZO SEWER LIFT STATION

Home Browse Search

Dennis Daley, . Es q Jose Sandoval, Esq. October 10, 2011 Page 2 approximately 75.5 from the location of the proposed exhaust fan for the lift station facility, while the nearest residential home is located approximately 110 feet northeast of the proposed exhaust fan." I draw the City's attention to Government Code § 6253.1, which requires a public agency to assist the public in making a focused and effective request by: (1) identifying records and information responsive to the request, (2) describing the information technology and physical location of the records, and (3) providing suggestions for overcoming any practical basis for denying access to the records or information sought. If the City determines that any information is exempt from disclosure, I ask that the City reconsider that determination in view of Proposition 59 which amended the State Constitution to require that all exemptions be "narrowly construed." Proposition 59 may modify or overturn authorities on which the City has relied in the past. If the City determines that any requested records are subject to a still -valid exemption, I request that the City exercise its discretion to disclose some or all of the records notwithstanding the exemption and with respect to records containing both exempt and non- exempt content, the City redact the exempt content and disclose the rest. Should the City deny any part of this request, the City is required to provide a written response describing the legal authority on which the City relies. Please be advised that Government Code Section 6253(c) states in pertinent part that the agency `shall promptly notify the person making the request of the determination and the reasons therefore." (Emphasis added.) Section 6253(d) further states that nothing in this chapter "shall be construed to permit an agency to delay or obstruct the inspection or copying of public records. The notification of denial of any request for records required by Section 6255 shall set forth the names and titles or positions of each person responsible for the denial." Additionally, Government Code Section 6255(a) states that the "agency shall justify withholding any record by demonstrating that the record in chuestion is exempt under expressed provisions of this chapter or that on the facts of the particular case the public i interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record." (Emphasis added.) This provision makes clear that the agency is required to justify withholding any record with particularity as to "the record in question." (Emphasis added.) Please clearly state in writing pursuant to Section 6255(b): (1) if the City is withholding any documents; (2) if the .City is redacting any documents; (3) what documents 55A -219