John Colby's Freedom of Information Campaign against Human Rights abuse in Santa Cruz [link]
* Santa Cruz retaliates against Human Rights advocate John Colby [link]
* Human Rights abuse in itty-bitty Santa Cruz [link]
"Demonstrations for fee waiver for FOIA request about (illegal) MOU diverting vouchers"
2013-08-19 message from John E. Colby to Ophelia B. Basgal, Region IX Administrator, U.S. Department of Housing and Urban Development [600 Harrison Street, 3rd Floor, San Francisco, CA 94107–1300]
* attached: August 13, 2013 letter denying fee waiver for FOIA request about MOU tracking no. 13–FI–R09–02032 [http://tinyurl.com/knsn8hh]
*
attached: MOU Limited Local Waiting List Preference for Disabled and Medically Vulnerable Homeless Persons [http://tinyurl.com/lwyk7m9]
*
attached: 180/180 project fact sheet [http://tinyurl.com/mfg2ycc]
re: Demonstrations for fee waiver for FOIA request about (illegal) MOU diverting vouchers
Dear Regional Administrator Basgal:
In your attached letter, linked to and attached as a PDF, you asked me to demonstrate my qualification for a fee waiver for my FOIA request about HUD authorizations and communications about what I believe is an illegal Memorandum of Understanding (MOU) between the Housing Authority of the County of Santa Cruz (HACOSC) and the Homeless Persons Health Project which has (from their claims) already diverted about 50 Section 8 Housing Choice vouchers to the 180/180 Housing First project from HACOSC's already lengthy waiting list. For example, some like me, have waited more than five years for a Section 8 Housing Choice voucher from HACOSC, while HPHP's clients have been fast tracked.
First I ask you to inform me under what regulations you are requiring this from me since it does not seem to be part of the HUD FOIA regulations nor those of the U.S. Department of Justice.
Second, to address your (arbitrary) requirements point by point:
(1) Disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the Federal Government.
(A) The subject of the of the request pertains to the operations or activities of the Federal Government.
Response:
Authorizing MOU's for the diversion of vouchers is federal government approval. Federal approval is an activity of the federal government . Any communications between the federal government, i.e. HUD, and the involved parties to an MOU constitutes an activity of the federal government. Federal communications are an activity of the federal government.
(B) The informative value of the information to be disclosed is consequential.
Response:
Both the County of Santa Cruz and the Housing Authority of the County of Santa Cruz previously claimed they did not administer the 180/180 Project as described in emails below by their respective officials. What are they hiding? If the subject MOU is illegal, that would be serious fraud and a greatly informative matter of importance to Congress and the carbon copied news media. If HUD sanctioned this alleged fraud, then this matter would be even more consequential.
Furthermore, Section 8 applicants, Congress and the news media would be greatly informed about how HUD allows diversion of Section 8 Housing Choice vouchers from other legitimate applicants. This is a question of serious importance and the disclosure will be highly informative about how HUD allows this.
(C) The disclosure is likely to contribute to an understanding of the subject by the public.
Response:
The requested materials are likely to settle the question of whether housing first projects like the 180/180 project are fraudulently diverting vouchers from legitimate applicants. The disclosure is likely to determine what HUD's role is in authorizing these diversions, fraudulent or not. This will greatly contribute to the public's understanding of how HUD allows diversion of Section 8 Housing Choice vouchers from other legitimate applicants.
(D) The contribution to public understanding is significant.
Response:
The public knows next to nothing about how HUD approves diversion of Section 8 Housing Choice vouchers. To my knowledge, this question has never been a serious matter of scrutiny for the public. The articles describing the 180/180 Project assume that it does not even require HUD approval. Thus the public's understanding of how HUD approves diversion of Section 8 Housing Choice vouchers will contribute greatly to public understanding of this subject. Since it will be posted on the Internet and passed to Congress (who may hold hearings) and to the carbon copied news media, it stands to receive a wide audience, especially within Santa Cruz County.
(2) Disclosure of the information is not primarily in the commercial interest of the requester.
(A) The existence and magnitude of a commercial interest
Response:
I have no commercial interests in the information. Neither does Congress. The other carbon copied parties have either a journalistic interest, or it serves the mission of their nonprofit organizations. In fact, the information seems to have no commercial interest to anyone.
(B) Primary interest in disclosure.
Response:
There is a great public interest in the disclosure, as the public, Congress and the news media deserve to understand how HUD is approving the diversion of Section 8 Housing Choice vouchers away from legitimate applicants. There seems to be no commercial interest in disclosure. It's a moot point that the primary interest in disclosure is in the public interest.
I ask you to grant me a fee waiver based on the information I have provided you. As already stated, I am only willing to pay a fee of up to $40 for this request. If you deny my fee waiver, I will appeal it and make it an item of Congressional interest.
Respectfully yours, [signed] John E. Colby, Ph.D.
"CPRA request for budgets, audits, financial reports, member/organization/agency rosters for 180/180"
2013-04-27 from John E. Colby to Julie Conway, Housing Development Manager, Santa Cruz County Planning Department:
Dear Ms. Conway,
From Senior Health Service's Manager Christine Sippl's response copied below to my California Public Records Act (CPRA) request, it has come to my attention that the 180/180 (Housing First) program is a charitable project operating under the tax–exempt status of the Homeless Services Center of Santa Cruz (as the nonprofit fiscal sponsor).
As an advocate representing several disabled homeless people — individuals using wheelchairs and walkers having serious medical conditions making them vulnerable to robbery, (sexual) assault and the elements — who I believe are prime candidates for permanent housing, I am submitting a CPRA request. Specifically, I ask for the following:
* the most current budgets for the 180/180 project.
*
the most current audits for the 180/180 project.
*
the most current financial reports, not included in the two items above, for the 180/180 project.
*
the most current agreements between the County of Santa Cruz and the Homeless Services Center of Santa Cruz about the 180/180 project.
*
the most current records listing the members, organizations and agencies affiliated with the 180/180 program.
If these records are available in an electronic format such as Portable Document Format (PDF), eXtensible Style Language (XLS), MS Word Document (DOC), Rich Text Format (RTF), plain electronic text (TXT) or native email formats — like AOL for Windows, Apple Mail, Claris Emailer, Compuserve, EML, Entourage, Eudora, Maldir, MBOX File, Mulberry, Neoplanet, Outlook, Outlook Express, Outspring, Powertalk, Quickmail Pro, Thunderbird, Windows Mail, Windows Live Mail and Yahoo Archive! — or as links to the Internet then I ask that they provided to me in one of those forms, preferably in their native format.
Recently the Santa Cruz County Office of the District Attorney tried to charge me retrieval and redaction fees for my CPRA request to learn why the District Attorney refused to prosecute (violent) felon Nebosia Freeman — who endangered residents of my government subsidized housing complex — while prosecuting a man (who was later exonerated) for allegedly stealing flowers from a memorial. I still await District Attorney Bob Lee's response to my request for a fee waiver.
I pointed out to District Attorney Bob Lee that the County Board of Supervisor's ordinance charging fees for normal search and redaction costs is not based on legal precedent, but is grounded in what Freedom of Information advocates informed me are conflicting California statutes. Thus I ask that you waive any search, retrieval and redaction fees in the public interest, since I intend to share the responsive records with the government and the news media.
I am willing to pay a fee of up to $30 for this request. If you estimate the cost of completing this request will exceed that amount, please contact me first before completing it with a fee estimate.
Thank you for fulfilling my CPRA request to help me assist disabled homeless people gain permanent housing.
Sincerely yours, [signed] John E. Colby, Ph.D.
"RE: CPRA request for budgets, audits, financial reports, member/organization/agency rosters for 180/180"
2013-04-29 to John Colby from Julie Conway, County of Santa Cruz Housing Program:
Dr. Colby,
My office is not involved in the administration of the 180/180 project and is therefore not in possession of any of the records you have requested.
[signed] Julie Conway of the County of Santa Cruz Housing Program [831-454-5162] [julie.conway@co.santa-cruz.ca.us]
"Please refer me to county employee involved in the administration of the 180/180 project"
2013-04-29 from John Colby to Julie Conway, Housing Development Manager, Santa Cruz County Planning Department:
Dear Ms. Conway,
Thank you for replying to my California Public Records Act (CPRA) request so quickly. As per the mandates of the CPRA, you are required by law to refer me to the county office which is involved in the administration of the 180/180 project. Surely as the county housing programs manager, you know what office that is.
Consequently under rights granted me by the CPRA, I ask you to provide me the contact information for the Santa Cruz County employee involved in the administration of the 180/180 project who can respond to the CPRA request I emailed you. Specifically I ask for:
* their email address
*
their snail mail address
*
their fax number
*
their telephone number.
Thank you for fulfilling your obligations under the CPRA by directing me to the appropriate county employee.
Sincerely yours, [signed] John E. Colby, Ph.D.
---
"RE: Please refer me to county employee involved in the administration of the 180/180 project"
2013-04-30 to John E. Colby from Julie Conway, County of Santa Cruz Housing Program:
Dr. Colby, to my knowledge no County of Santa Cruz employees are involved in administration of the 180/180 Campaign. As I understand it, this effort is a distinct private non-profit activity with a range of participants representing public and private organizations as well as volunteers.
"CPRA request for information about organization funding, administering and operating the 180/180 project"
2013-06-08 from John Colby to Ken Cole, Executive Director and Board Secretary, Housing Authority of the County of Santa Cruz:
Dear Director Cole, Currently I represent about six disabled homeless people who require immediate, permanent housing.
The following Sentinel News article is leading me to renew my efforts to gain information about the 180/180 project: [http://www.santacruzsentinel.com/localnews/ci_23415547/180-180-santa-cruz-effort-house-homeless-people].
I would like to understand what organization is funding, administering and operating the 180/180 project and the nature of this organization. Previous efforts to gain this information from the City and County of Santa Cruz were met with evasion.
To this end, I am submitting a California Public Records Act (CPRA) request pursuant to California Gov't Code Section 6250 et seq. — I ask for copies of:
* the most current, comprehensive funding documents for the 180/180 project
*
the most current, comprehensive operation documents for the 180/180 project
*
the most current, comprehensive 180/180 project descriptions which describe its administration and operation
*
the incorporation documents of the organization which administers the 180/180 project
*
the most current description of the 180/180 project organization's governing board and its officers.
If these records are available in an electronic format such as Portable Document Format (PDF), eXtensible Style Language (XLS), MS Word Document (DOC), Rich Text Format (RTF), plain electronic text (TXT) or native email formats — like AOL for Windows, Apple Mail, Claris Emailer, Compuserve, EML, Entourage, Eudora, Maldir, MBOX File, Mulberry, Neoplanet, Outlook, Outlook Express, Outspring, Powertalk, Quickmail Pro, Thunderbird, Windows Mail, Windows Live Mail and Yahoo Archive! — or as links to the Internet then I ask that they provided to me in one of those forms, preferably in their native format.
I am willing to pay a fee of up to $50 for this request. If you estimate the cost of completing this request will exceed that amount, please contact me first before completing it with a fee estimate. If this request would entail special searches which would incur search fees to me, please contact me first with a fee estimate.
Note that pursuant to the CPRA I cannot be charged for normal search costs. In the public interest, I ask you to waive all applicable exemptions and applicable fees (for search, retrieval, redaction and duplication).
Please have your staff confirm receipt of this CPRA request via email, fax or telephone voicemail.
Thank you for your assistance in fulfilling my CPRA request to help me assist disabled homeless people in exercising their civil rights.
Sincerely yours, [signed] John E. Colby, Ph.D.
"RE: CPRA request for information about organization funding, administering and operating the 180/180 project"
2013-06-11 to John E. Colby from Cecilia Jauregui, Administration Department, Housing Authority of the County of Santa Cruz:
Dear Mr. Colby, This email serves as confirmation that we are in receipt of your CPRA request for information regarding the 180/180 project. Thank you.
---
2013-06-17 to John E. Colby from Cecilia Jauregui, Administration Department, Housing Authority of the County of Santa Cruz:
Dear Mr. Colby,
You recently made a request for information from our agency under the California Public Records Act. In your email you described the documents you are seeking as follows:
* the most current, comprehensive funding documents for the 180/180 project
*
the most current, comprehensive operation documents for the 180/180 project
*
the most current, comprehensive 180/180 project descriptions which describe its administration and operation
*
the incorporation documents of the organization which administers the 180/180 project
*
the most current description of the 180/180 project organization's governing board and its officers.
This email is written to reply to your request and to inform you that the Housing Authority of the County of Santa Cruz has no formal relationship with the 180/180 project and we do not have copies of any of the documents that you are requesting. The 180/180 project is a community wide campaign to help identify and house medically vulnerable and chronically homeless individuals in Santa Cruz County. The Housing Authority does not administer or monitor this campaign. It is our understanding that the fiscal agent for the 180/180 project is the Homeless Services Center. The campaign website is www.180santacruz.org .
[signed] Cecilia Jauregui
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