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Re: Robinson PRA - response to 1/15/2015 email

From: domainremoved <Heyward>
Date: Thu, 5 Feb 2015 14:24:06 -0800
Pam,

Thank you for your reply.  Unfortunately, the City's response to my PRA request continues to be inadequate and incomplete.  I have detailed the documents I am seeking in blue below.  Please supply these documents as soon as possible.

Thank you,

Heyward

On 2/2/15 6:13 PM, Aguilar, Pamela I wrote:

Hello Heyward,

In response to your email dated January 15, 2015, please see below:

 

Missing or incomplete documents and communications
1) On November 12, 2014, the City sent the Almanac seven documents created by Malcolm Smith as part of his work for the City (http://almanacnews.com/news/2014/11/12/city-manager-releases-consultants-drafts-of-letters-to-editor-talking-points).  These documents were most certainly sent via email, yet no emails were included with their release.  Would you please send me the documents directly and any accompanying emails or other correspondence? 

The documents sent to Sandy Brundage of the Almanac on November 12, 2014 are attached as well as the accompanying email.
I did not request the email that was sent to Sandy Brundage on November 12.  I am requesting the following emails:
Message from Malcolm Smith on or about March 18th , 2014 with attached March 18th "Talking points"
Message from Malcolm Smith on or about April 29, 2014 with attached April 29th "Talking pts - submission of signatures"
Message from Malcolm Smith on or about May 5, 2014 with attached "letters to the editor"
Message from Malcolm Smith on or about May 7, 2014 with attached "letters to the editor"
Message from Malcolm Smith on or about May 15, 2014 with attached "for comments sections"
Message from Malcolm Smith on or about Mary 18, 2014 with attached "op ed"
Message from Malcolm Smith on or about July 2, 2014 with attached "FoW_themed"
Mess
age from Malcolm Smith on or about July 11, 2014 with attached "Consultants Report Talking Points"


2) On May 1, City Manager McIntyre sent an email to Lisa Wise.  The email contains an attachment titled "Initiative Review Scope Questions".  The attachment was missing from the PRA release.  Would you please send it to me?

The document entitled “Initiative Review Scoping Questions” is attached.

The document you provided was created on January 28th, 2015.  Can you provide verification that this was the document attached to Mr. McIntyre's May 1, 2014 email to Lisa Wise?  I also note that the name of the file in the email is different than the name of the file you sent me.

3) On May 21, Cherise Brandell writes to Malcolm Smith: "Malcolm - have you heard back from Thomas on this?  FYI The news release went out yesterday and I will check in today on the blog posting about the site as well as the LTEs."  What blog posting is Ms. Brandell referring to?  What LTEs is she referring to?  Would you please provide these to me?

There is no news release, blog post nor LTE dated May 21, 2014.

I did not specify a date.  Ms. Brandell certainly had specific documents in mind when she wrote her May 21 email.  Have you asked her what documents she is referring to?  Please comply with this request.

4) As I noted in my November 25th email, much of Malcolm Smith's work product has not been disclosed.  Would you please review this spreadsheet and provide the missing information it details?  https://docs.google.com/spreadsheets/d/10YAQWqRY1rQgWXarIFFqNpIz3JlZoEBSytXo_mbRb9k/edit?usp=sharing

No drafts will be released.

The California Supreme Court has ruled that all documents supplied to a public agency by a consultant are public records.  The City's signed, March 5, 2014 contract with Malcolm Smith explicitly states that all of Mr. Smith's work products is owned by the City.   All of Mr. Smith's work product are public records and discoverable.  The documents below were created by Mr. Smith under his March 5, 2014 contract, were invoiced by Mr. Smith, and were paid for with public funds.  Please provide the following documents that are referenced in Mr. Smith's invoices (which I've attached):
March 5, 2014 - draft news release
March 5, 2014 - emails
March 5, 2014 - speaking points
March 10, 2014 - email to Cherise Brandell
March 12, 2014 - info/edu page content

March 13, 2014 - info/edu page content

March 14, 2014 - info/edu page content
March 18, 2014 - news release
March 19, 2014 - email
March 20, 2014 - email to Thomas Rogers
March 25, 2014 - info/edu page content

March 26, 2014 -  info/edu page content

March 27, 2014 -  info/edu page content
April 3, 2014 - email
April 8, 2014 - email
April 9, 2014 - email
April 24, 2014 - email
May 7, 2014 -  news release
May 12, 2014 - edits and updates to "info web page"
May 13, 2014 - email to Cherise

May 14, 2014 - strategy for next steps
May 15, 2014 - news release on web page
May 15, 2014 - comment for Almanac online
May 15, 2014 - letters to the editor
May 15, 2014 - talking points
May 18, 2014 - op-ed
June 9, 2014 - Fact of Week items
June 18, 2014 - "matrix" for Fact of the Week items

July 2, 2014 - update FoW
July 2, 2014 - email to staff
July 2, 2014 - update page
July 8, 2014 - talking points
July 9, 2014 - talking points sent to Menlo Park
July 14, 2014 - update web pages
July 14, 2014 - email to Clay Curtin
July 14, 2014 - email to Alex McIntyre



















 

Pam Aguilar

City Clerk

City of Menlo Park

701 Laurel Street

Menlo Park, CA 94025

650.330.6620

 

 

From: Aguilar, Pamela I
Sent: Friday, January 30, 2015 5:38 PM
To: 'Heyward Robinson'
Cc:
 

Thank you, Heyward for the follow up. I am waiting for legal guidance from our special counsel.

 

 

Pam Aguilar

City Clerk

City of Menlo Park

701 Laurel Street

Menlo Park, CA 94025

650.330.6620

 

 

 

From: Heyward Robinson [ 

Pam,

Your previous message indicated that you would be responding to me earlier this week.  I have yet to receive a reply.  The City continues to delay and withhold documents related to my PRA requests.  Please let me know when I will receive a reply.

Thank you

Heyward

On 1/22/15 5:43 PM, Aguilar, Pamela I wrote:

Thank you, Heyward, for your email.  Our office is reviewing the items you have outlined and will have a reply early next week.

 

Best regards,

Pam Aguilar

City Clerk

City of Menlo Park

701 Laurel Street

Menlo Park, CA 94025

650.330.6620

 

 

From: Heyward Robinson [ 

Pam,

Thank you for sending me the documents related to my PRA from November 12, 2014.  Unfortunately, there appear to be a number of outstanding documents and/or communications that have not been provided.  In addition, the City's response to my PRA, as detailed below, is lacking in many areas.  These issues are detailed below.

Missing or incomplete documents and communications
1) On November 12, 2014, the City sent the Almanac seven documents created by Malcolm Smith as part of his work for the City (
http://almanacnews.com/news/2014/11/12/city-manager-releases-consultants-drafts-of-letters-to-editor-talking-points).  These documents were most certainly sent via email, yet no emails were included with their release.  Would you please send me the documents directly and any accompanying emails or other correspondence? 

2) On May 1, City Manager McIntyre sent an email to Lisa Wise.  The email contains an attachment titled "Initiative Review Scope Questions".  The attachment was missing from the PRA release.  Would you please send it to me?

3) On May 21, Cherise Brandell writes to Malcolm Smith: "Malcolm - have you heard back from Thomas on this?  FYI The news release went out yesterday and I will check in today on the blog posting about the site as well as the LTEs."  What blog posting is Ms. Brandell referring to?  What LTEs is she referring to?  Would you please provide these to me?

4) As I noted in my November 25th email, much of Malcolm Smith's work product has not been disclosed.  Would you please review this spreadsheet and provide the missing information it details?  https://docs.google.com/spreadsheets/d/10YAQWqRY1rQgWXarIFFqNpIz3JlZoEBSytXo_mbRb9k/edit?usp=sharing

PRA Response
The City has consistently been late in its response to my PRA P000124-082914 as well as those submitted by others (i.e George Fischer's P000128-091714 and Gail Sredanovic PRA #2013-125).  Please let me know why the City is unable to respond to these PRAs within the statutory time limit.  In addition, the City's responses continue to be incomplete (see above).  Why is the City unable to produce all of the documents covered by these PRAs?  Finally, the City's PRA response to me contains a number of duplicate documents that make the electronic files extraordinarily large and difficult to search (the December 19th Category 6 file is over 80MB and contains 1277 pages).  Why does the City continue to produce unnecessarily lengthy and cluttered PRA responses?

Please reply at your earliest opportunity.

Thank you.

Heyward

Hello Heyward,

You should have received an email directly from Box.com inviting you to share the folder containing the materials responsive to your request.

 

The following is a link to the folder from the City’s Box.com account:

https://menlopark.box.com/s/k0b0zdkxsytzlxqpt2au

 

A DVD containing all the materials has also been sent to you by overnight mail.

 

Pam Aguilar

City Clerk

City of Menlo Park

701 Laurel Street

Menlo Park, CA 94025

650.330.6620

 




Received on Thu Feb 05 2015 - 14:19:30 PST

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