FW_ Withdraw Public Records RequestRe_ Demographer's work and report related to CVRA AllegationFrom:Alisha Farnell
To:Peter Grant
Subject:FW: Withdraw Public Records RequestRe: Demographer"s work and report related to CVRA Allegation
Date:Monday, May 16, 2022 12:18:01
Attachments:image001.jpg
FYI
From: George Pardon <georgepardon@gmail.com>
Sent: Monday, May 16, 2022 11:45 AM
To: Alisha Farnell <afarnell@cypressca.org>
Cc: Christina Dizol <CDizol@cypressca.org>; Sara Salazar <ssalazar@cypressca.org>
Subject: Withdraw Public Records RequestRe: Demographer's work and report related to CVRA
Allegation
Good morning Alisha
I’ve decided to withdraw this Public Records Request. After spending a few days with my 46
year old niece who just started chemo treatments for colon cancer, I’m going to take some
time to revisit my priorities.
Thanks,
George
On May 7, 2022, at 8:46 AM, George Pardon <georgepardon@gmail.com>
wrote:
Hi Alisha,
Thank you for your May 2nd response.
I am re-submitting my request now that Council Member Morales is also referring
to the demographer’s report in this OC register article:
https://www.ocregister.com/2022/05/04/tale-of-two-cities-while-cypress-leaders-
decided-in-private-to-fight-district-elections-la-palma-did-the-opposite-in-public/
The following is an excerpt from the article:
—
“I don’t know the breakdown of La Palma’s demographics,” he said.
“What is their financial situation? Do they have the money to argue
against the (CVRA violation) claim? I don’t know any of that. Their
decision was their decision.
“It isn’t so simple as, ‘Look at the cites that lost,’” Morales added. “I
don’t know each and every circumstance of those cities. When we
spoke to a demographer, we were told, ‘Look at your layout. You don’t
have that issue.’”
Cypress officials have declined to make public the demographer’s
report. “It was given in closed session,” Morales said. “It is not
information we can openly discuss or provide.”
—-
I believe the residents have the right to see the report that the
demographer referenced to conclude there isn’t an issue.
Thanks,
George Pardon
On May 2, 2022, at 4:41 PM, Alisha Farnell
<afarnell@cypressca.org> wrote:
Good afternoon George,
I am writing in response to your Public Records Act request below,
received in my office on April 25, 2022, wherein you requested a copy of
“all of the work and reports prepared by the city’s demographer in any
way related to the allegation that Cypress is violating the California Voters
Rights Act. These records would include all of the information considered
by the City related to their decision not to voluntarily transition to District
elections.”
In this regard, after consultation with the City Attorney, it has been
determined that the record requested is a privileged document prepared
in anticipation of litigation and as such is not subject to disclosure.
Government Code Section 6254(k) provides that the Public Records Act
does not require the disclosure of any “records, the disclosure of which is
exempted or prohibited pursuant to federal or state law, including, but
not limited to, provisions of the Evidence Code relating to privilege.”
Additionally, per the Evidence Code Section 952, and Code of Civil
Procedure Section 2018.030, the requested report was specifically
prepared to provide the City Attorney’s office information in anticipation
of litigation. Moreover, the City Attorney specified that an attorney
cannot waive an attorney-client privilege, only the client, meaning the
majority of the City Council, can do that.
Feel free to contact my office if you require further assistance.
Sincerely,
Alisha Farnell City Clerk
City of Cypress
5275 Orange Ave Cypress CA 90630
714-229-6714
afarnell@cypressca.org
From: George Pardon <georgepardon@gmail.com>
Sent: Friday, April 22, 2022 11:10 AM
To: Alisha Farnell <afarnell@cypressca.org>
Subject: Demographer's work and report related to CVRA Allegation
Good Morning Alisha,
Pursuant to the Public Records Act, I would like copies of all of the
work and reports prepared by the city's demographer in any way
related to the allegation that Cypress is violating the California
Voters Rights Act. These records would include all of the
information considered by the City related to their decision not to
voluntarily transition to District elections. In City Attorney
Gallante's response to Kevin Shenkman, which has now been
referenced by at least the Voice of OC, City Attorney Gallante says
‘the City’s demographer found no evidence of racially-polarized
voting.’ https://voiceofoc.org/2022/04/could-two-of-ocs-smaller-
cities-buck-californias-trend-toward-district-elections/ I believe that
this statement by City Attorney Gallante waives any privilege the
City may have had to prevent the disclosure of the demographer's
work / report.
Thank you,
George Pardon
GOVERNMENT CODE - GOV
TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats.
1943, Ch. 134. )
DIVISION 7. MISCELLANEOUS [6000 - 7599.104] ( Division 7
enacted by Stats. 1943, Ch. 134. )
CHAPTER 3.5. Inspection of Public Records [6250 - 6276.50] (
Chapter 3.5 added by Stats. 1968, Ch. 1473. )
ARTICLE 1. General Provisions [6250 - 6270.7] ( Article 1 heading
added by Stats. 1998, Ch. 620, Sec. 1. )
6252.
As used in this chapter:
(a) “Local agency” includes a county; city, whether general law or
chartered; city and county; school district; municipal corporation;
district; political subdivision; or any board, commission or agency
thereof; other local public agency; or entities that are legislative
bodies of a local agency pursuant to subdivisions (c) and (d) of
Section 54952.
(b) “Member of the public” means any person, except a member,
agent, officer, or employee of a federal, state, or local agency
acting within the scope of his or her membership, agency, office, or
employment.
(c) “Person” includes any natural person, corporation, partnership,
limited liability company, firm, or association.
(d) “Public agency” means any state or local agency.
(e) “Public records” includes any writing containing information
relating to the conduct of the public’s business prepared, owned,
used, or retained by any state or local agency regardless of
physical form or characteristics. “Public records” in the custody of,
or maintained by, the Governor’s office means any writing prepared
on or after January 6, 1975.
(f) (1) “State agency” means every state office, officer, department,
division, bureau, board, and commission or other state body or
agency, except those agencies provided for in Article IV (except
Section 20 thereof) or Article VI of the California Constitution.
(2) Notwithstanding paragraph (1) or any other law, “state agency”
shall also mean the State Bar of California, as described in Section
6001 of the Business and Professions Code.
(g) “Writing” means any handwriting, typewriting, printing,
photostating, photographing, photocopying, transmitting by
electronic mail or facsimile, and every other means of recording
upon any tangible thing any form of communication or
representation, including letters, words, pictures, sounds, or
symbols, or combinations thereof, and any record thereby created,
regardless of the manner in which the record has been stored.
(Amended by Stats. 2015, Ch. 537, Sec. 20. (SB 387) Effective
January 1, 2016. Repealed as of January 1, 2023, pursuant to Sec.
6276.50.)