220329 Request for Public Records - RESPONSE REQUIREDFrom:Peter Grant
To:Frances Marquez
Cc:Fred Galante; Alisha Farnell
Subject:Request for Public Records - RESPONSE REQUIRED
Date:Tuesday, March 29, 2022 1:21:54 PM
Attachments:Public Records Affidavit - Personal Accounts and Devices.pdf
Council Member Marquez,
The City received the Public Records Act request that appears below and has 10 days (from Monday,
March 28 to respond).
The City IT team, City Clerk and City Attorney will assemble, review for privilege, and provide any
responsive emails from your @cypressca.org account.
Pursuant to the California Supreme Court holding in City of San Jose v. Superior Court of Santa Clara
County, text messages, emails, and other electronic communications that deal in some substantive
manner to the conduct of the public business created on, stored on, and/or transmitted by personal
accounts or personal electronic devices are subject to disclosure under the California Public
Records Act. Due to this holding, City employees’ and officials’ communications about the public’s
business may be subject to disclosure under the California Public Records Act no matter where those
communications are maintained (i.e., personal devices or accounts). Records may be required to be
disclosed if they are: 1) writings that relate in a substantive way to the public’s business; 2) prepared
by the City (this includes employee and/or public officials); 3) retained, owned, or used by the City
(again, this includes employees and/or public officials).
To this end, upon receipt of a Public Records Request by the City Clerk’s office that seeks
communications from a City employee or official from all accounts related to City business, the City
Clerk shall forward the request and the Affidavit provided. The City employee or official shall
provide to the City Clerk all responsive records and executed Affidavit on a timely basis so that
the City Clerk may comply with the timelines required under the Public Records Act.
In order to provide time to assemble and review communications from your personal accounts and
devices, your response and completed and signed Affidavit (attached) are due to the City Clerk by
5pm on Tuesday, April 5, 2022.
Please let me know if you have any questions.
Peter Grant
City Manager
City of Cypress
Office 714-229-6680
Cellular 714-335-1685
pgrant@cypressca.org
---------------------------------------------------------------------------------------------------
From: KeepCypressUnited <KeepCypressUnited@protonmail.com>
Sent: Sunday, March 27, 2022 6:26 AM
To: ADM <adm@cypressca.org>
Subject: Request for Public Records
Dear Cypress City Clerk Alisha Farnell:
We are hereby requesting public records of all communications by City Councilmember Dr. Frances
Marquez as per Public Records Act related to the California Voting Rights Act or any discussion related to
the formation of voting districts or district voting of the City of Cypress. This is to include but not limited to
phone, personal text, personal cell, personal email, from the time Dr. Marquez was sworn into office to
present day.
Sincerely,
Cypress Residents:
Clare Chu
Beth Culver
Robin Itzler
Harumi Lucak
Marilyn Low
Robin Westerkamp
Sent with ProtonMail secure email.
01004.0001/779476.1
AFFIDAVIT OF EMPLOYEE/OFFICIAL REGARDING REVIEW OF
PERSONAL DEVICE
I, Frances Marquez, do hereby affirm and say:
1. That I have reviewed my personal device(s) (e.g., cellular phone, tablet, etc.) and made a
thorough search for electronic records, including but not limited to telephone records, text
messages, and electronic mail, pertaining or relating to the conduct of the City’s business,
as requested by KeepCypressUnited <KeepCypressUnited@protonmail.com> , attached
hereto (“Request”).
2. That upon the conclusion of my search:
No responsive records described in the Request exist.
The following responsive, non-exempt records described in the Request exist:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
3. I declare under penalty of perjury under the laws of the state of California that the
foregoing is true and correct. Executed this ____ day of _______________, 2022, in
Cypress, California.
____________________________