220331 1630 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 4:30:24 PM
Attachments:3-26-22.pdf
3-27-22.pdf
Begin forwarded message:
From: Peter Grant <pgrant@cypressca.org>
Subject: RE: Request for Public Records - RESPONSE REQUIRED
Date: March 31, 2022 at 4:18:32 PM PDT
To: Frances Marquez <fmarquez@cypressca.org>
Cc: Alisha Farnell <afarnell@cypressca.org>, Fred Galante
<fgalante@awattorneys.com>
Council Member Marquez,
See the attached files.
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 16:08
To: Peter Grant <pgrant@cypressca.org>
Subject: Re: Request for Public Records - RESPONSE REQUIRED
Please forward the original email that you received including the caption with the
date and the email address to respond to. I need the entire email.
Sincerely,
Frances
On Mar 31, 2022, at 4:00 PM, Peter Grant <pgrant@cypressca.org>
wrote:
Council Member Marquez,
The email from Keep Cypress United appears exactly as the sender wrote
it. City staff does not edit or alter communication from residents or PRA
requests.
Peter Grant
City Manager
City of Cypress
Office 714-229-6680
Cellular 714-335-1685
pgrant@cypressca.org
<image001.jpg>
From: Frances Marquez <fmarquez@cypressca.org>
Sent: Thursday, March 31, 2022 15:15
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
I am consulting an attorney and she needs to know immediately
whether you copied and pasted the CPRA request you sent me. If it is
not the verbatim request please let me know before close of business
along with the verbatim request. Please include the verbatim request.
If I do not hear from you by close of business today we will both
assume you copied the request on the email you have already sent
me. It is a fact specific legal analysis and privileged communications
must be excluded. Also, I will harvest and forward all relevant emails
from my private accounts to you once we determine exactly what was
requested. The specific wording of the request matters.
Sincerely,
Frances
On Mar 31, 2022, at 2:05 PM, Peter Grant
<pgrant@cypressca.org> wrote:
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
<image001.jpg>
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
<image002.jpg>
--------------------------------------------------------------
-------------------------------------
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>
From:KeepCypressUnited
To:ADM
Subject:Request for Public Records
Date:Saturday, March 26, 2022 7:15:06 PM
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.
From:KeepCypressUnited
To:ADM
Subject:Request for Public Records
Date:Sunday, March 27, 2022 6:26:04 AM
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.