This is a request for government agency records made under the right of access granted by the Constitution of the State of California as amended by the passage of Prop 59 on Nov. 3, 2004, as well as the provisions of the California Public Records Act, California Government Code §6251, with emphasis on the requirements of 6253.1
Please limit all communications about this request to email. Please do not telephone me about this matter.
I assert the right to inspect the following records:
All writings, as that term is defined under California Government Code Section 6252(g), constituting or referring to communications between Oakland Mayor Libby Schaaf, or any City employee if other than Mayor Schaff, and those referred to by Mayor Schaaf as the “non-official, credible sources” relied upon by Mayor Schaaf in publicly announcing on Feb. 24, 2018 potential imminent ICE immigration raids. This request includes, but is not limited to, responsive emails or text messages sent to or from official government servers or public cell phones or privately owned devices, and includes direct communications with the so called “non-official, credible sources,” as well as those that reference information from those sources or the imminent ICE raids in advance of Mayor Schaaf’s public announcement of them.
All writings, as that term is defined under California Government Code Section 6255(g), relating to Mayor Schaaf’s decision to publicly announce on Feb. 24, 2018 imminent ICE raids, including internal emails or text messages, whether from city owned devices or privately owned devices, or notes or memoranda relating to that decision.
All contracts, including engagement letters and the date reflected thereon, between the City of Oakland and/or Mayor Schaaf and any outside law firm or attorney providing advice to the City or Mayor Schaaf relating to Mayor Schaaf’s public announcement of imminent ICE raids.
As you know the California Public Records Act (“CPRA”) requires that public records be made available promptly and that no provision of the CPRA, including its 10-day determination period, be used to delay the public’s right of access. Cal. Gov’t Code Section 6253 (d). Given the current public controversy over this matter, we ask that Oakland prioritize this request so that the public may understand the basis of the Mayor’s decision concurrent with the public’s and federal government’s discussion about it. Should the City elect to claim that any portion of the responsive writings is exempt from disclosure under the CPRA, please segregate out that portion and produce the remainder as required under Government Code Section 6232(a). Please also provide a written explanation setting forth the statutory basis for any withholding, in whole or in part. Cal. Gov’t Code Section 6255(b). Lastly, in considering any potential exemption claim, we ask that the City exercise its discretion in favor of the public’s right of access by providing greater access than the minimum standards set forth under the CPRA rather than electing to withholding those records. Cal. Gov’t Code Section 6253(e).
In addition, be advised that the Constitution of the State of California, as amended by Prop. 59, requires that you take the broadest possible position to disclose these records when reviewing this request. It is also your constitutional duty to take the narrowest possible view of any exemptions to disclosure of these records. As you know, the act allows you 10 days to research this matter, collect responsive records, and issue determinations which, if any, of those records, are subject to narrow exemptions to disclosure. The 10-day period begins today, March 13 , the date this request was sent to you.
I also draw your attention to Government Code section 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 in which the records exist, and (3) providing suggestions for overcoming any practical basis for denying access to the records or information sought. The purpose of this request is to obtain the property records and map listed above. Please provide your full compliance with 6253.1 should the need arise.