HomeMy WebLinkAbout220331 1022 Fwd_ Request for Public Records - RESPONSE REQUIREDFrom:Frances Marquez
To:Michele Magar
Subject:Fwd: Request for Public Records - RESPONSE REQUIRED
Date:Thursday, March 31, 2022 10:21:50 AM
Attachments:Public Records Affidavit - Personal Accounts and Devices.pdf
Sent from my iPhone
Begin forwarded message:
From: Peter Grant <pgrant@cypressca.org>
Date: March 29, 2022 at 1:21:53 PM PDT
To: Frances Marquez <fmarquez@cypressca.org>
Cc: Fred Galante <fgalante@awattorneys.com>, Alisha Farnell
<afarnell@cypressca.org>
Subject: Request for Public Records - RESPONSE REQUIRED
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
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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.
____________________________