Thursday, November 28, 2013

Santa Cruz violated CPRA for records about Santa Cruz Citizens Committee for the Homeless Inc.

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]

"re: Santa Cruz violated CPRA for records about Santa Cruz Citizens Committee for the Homeless Inc."
2013-12-03 from john Colby to Bren Lehr, MMC, City Clerk Administrator
Dear Ms. Lehr,
I am placing you on notice that the City of Santa Cruz is currently in violation of the state mandate to respond within 10 days to my California Public Records Act (CPRA) request copied below about the Santa Cruz Citizens Committee for the Homeless Inc. — I believe the requested records will show that the City of Santa Cruz completed financial transactions with an illegal nonentity. The Homeless Services Center — which receives federal money from HUD grants and state money from the California Department of Housing and Community Development — was a party to many of these transactions.
My CPRA request seeks to shed light on the motives for these illegal transactions. Graciously, I allowed the City of Santa Cruz 12 business days to respond to my CPRA request about this illegal nonentity. Yet to date, I have received no response.
These records are of immediate importance to government officials, government investigators and to the news media: I ask you to immediately respond to my CPRA request for them.
Once more I urge federal and state investigators as well as members of the news media to search for the Santa Cruz Citizens Committee for the Homeless Inc. on the Santa Cruz County Recorder's online index. Furthermore I advise investigators and journalists to look up this organization on the California Secretary of State's business entity search portal as well as on the California Registry of Charitable Trusts database and on the Santa Cruz Clerk–Recorder's Fictitious Business Names database.

Again: as these records are of great public interest, since they will be made available to Congress, federal and state investigators as well as to the news media being carbon copied, I ask you to waive any exemptions to disclosing these records.
I also ask you to waive all applicable fees in the public interest. I ask you to waive any applicable search, retrieval and redaction fees, as well as applicable duplication costs.
I ask:
* if you determine that any or all or the information qualifies for an exemption from disclosure, to note whether, as is normally the case under the Act, whether the exemption is discretionary, and if so whether it is necessary in this case to exercise your discretion to withhold the information.
* in case you decide that any of the information is exempt, please explain how the interest in not disclosing the information outweighs the public interest in disclosing it.
* if you determine that some but not all of the information is exempt from disclosure and that you intend to withhold it, that you redact it for the time being and make the rest available as requested.
* if there is any information in these records which is private and you decide it is exempt information, yet it is in an otherwise disclosable document, please segregate the private information by redacting it while providing me the rest of the unredacted record.
* If these records are available in an electronic format such as Portable Document Format (PDF), MS Excel File Extension (XLS), MS Word Document (DOC), Hypertext Markup (HTM), any standard database format (like those listed here http://en.wikipedia.org/wiki/List_of_file_formats#Database), 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.
As I wrote below, 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. If this request would entail special searches which would incur search fees to me, please contact me first with a fee estimate.

Thank you for immediately fulfilling this CPRA request to determine whether the City of Santa Cruz, its officials and its employees have acted within the law and deserve the respect of its citizens.
If you have any questions or concerns regarding this request, or named parties have been misspelled, please contact me.
Respectfully yours, [signed] John E. Colby, Ph.D.



"CPRA request about Santa Cruz Citizens Committee for the Homeless Inc."
2013-11-28 from John Colby to Bren Lehr, MMC, City Clerk Administrator:
Dear Ms. Lehr,
I am writing on behalf of Santa Cruz citizens who want and demand an open, transparent, accountable city government which acts with integrity and respect for the law — in short the City of Santa Cruz, its elected leaders, its officials and its employees are not above the law.
I urge federal and state investigators as well as members of the news media to search for the Santa Cruz Citizens Committee for the Homeless Inc. on the Santa Cruz County Recorder's online index.
To ensure the aforementioned citizens receive the governance they want and demand, I am submitting a request pursuant to California Government Code Section 6250 et seq. commonly known as the California Public Records Act (CPRA). I am requesting:
* all deeds, grants, transfers, modifications, subordinations, agreements, and records of transactions which the Santa Cruz Citizens Committee for the Homeless Inc. was a party to maintained in any City of Santa Cruz system of records as well as all electronic and non–electronic written communications between the aforementioned committee, any of its officials, employees, members or agents and officials, employees and agents of the City of Santa Cruz.

As these records are of great public interest, since they will be made available to Congress, federal and state investigators as well as to the news media being carbon copied, I ask you to waive any exemptions to disclosing these records.
I also ask you to waive all applicable fees in the public interest. I ask you to waive any applicable search, retrieval and redaction fees, as well as applicable duplication costs.
I ask:
* if you determine that any or all or the information qualifies for an exemption from disclosure, to note whether, as is normally the case under the Act, whether the exemption is discretionary, and if so whether it is necessary in this case to exercise your discretion to withhold the information.
* in case you decide that any of the information is exempt, please explain how the interest in not disclosing the information outweighs the public interest in disclosing it.
* if you determine that some but not all of the information is exempt from disclosure and that you intend to withhold it, that you redact it for the time being and make the rest available as requested.
* if there is any information in these records which is private and you decide it is exempt information, yet it is in an otherwise disclosable document, please segregate the private information by redacting it while providing me the rest of the unredacted record.
* if these documents are available in an electronic format such as standard image formats, Portable Document Format (PDF), eXtensible Style Language (XLS), MS Word Document (DOC), Hypertext Markup (HTM), Rich Text Format (RTF), plain electronic text (TXT), native email formats — like AOL for Windows, Apple Mail, Claris Emailer, Compuserve, EML, Entourage, Eudora, Maildir, MBOX File, Mulberry, Neoplanet, Outlook, Outlook Express, Outspring, Powertalk, Quickmail Pro, Thunderbird, Windows Mail, Windows Live Mail, Yahoo Archive! — or as hyperlinks to the Internet that they be provided to me in one of those forms, preferably in their native form.
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. If this request would entail special searches which would incur search fees to me, please contact me first with a fee estimate.

Thank you for your assistance in fulfilling this CPRA request to determine whether the City of Santa Cruz, its officials and its employees have acted within the law and deserve the respect of its citizens.
If you have any questions or concerns regarding this request, or named parties have been misspelled, please contact me.
Respectfully yours, [signed] John E. Colby, Ph.D.

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