220331 1451 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 2:51:08 PM
Sent from my iPhone
Begin forwarded message:
From: Peter Grant <pgrant@cypressca.org>
Date: March 31, 2022 at 2:05:19 PM PDT
To: Frances Marquez <fmarquez@cypressca.org>
Cc: Fred Galante <fgalante@awattorneys.com>, Alisha Farnell
<afarnell@cypressca.org>
Subject: RE: Request for Public Records - RESPONSE REQUIRED
Council Member Marquez,
The original request from Keep Cypress Unit appears at the end of my March 29 email.
The Public Records Act does not require the public to complete a form or submit a
request in any particular format. The email from Keep Cypress United is a legal request
and the city (and you) are obligated to comply with it.
Your response is not optional nor are there any conditions upon it.
Peter Grant
City Manager
City of Cypress
Office 714-229-6680
Cellular 714-335-1685
pgrant@cypressca.org
From: Frances Marquez <fmarquez@cypressca.org>
Sent: Thursday, March 31, 2022 13:04
To: Peter Grant <pgrant@cypressca.org>
Cc: Fred Galante <fgalante@awattorneys.com>; Alisha Farnell
<afarnell@cypressca.org>
Subject: Re: Request for Public Records - RESPONSE REQUIRED
Peter,
I need the original request for this information and if I do not have it by close of
business today I will not be able to meet your Tuesday deadline.
Sincerely,
Frances
On Mar 29, 2022, at 1:21 PM, Peter Grant <pgrant@cypressca.org>
wrote:
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.
<Public Records Affidavit - Personal Accounts and Devices.pdf>