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Home My WebLink About220404 1659 Fwd_ Request for Public Records - RESPONSE REQUIREDFrom:Frances Marquez To:anq@leal-law.com Subject:Fwd: Request for Public Records - RESPONSE REQUIRED Date:Monday, April 4, 2022 4:59:10 PM Attachments:3-26-22.pdf 3-27-22.pdf Sent from my iPhone Begin forwarded message: From: Frances Marquez <fmarquez@cypressca.org> Date: March 31, 2022 at 4:28:18 PM PDT To: Michele Magar <tanyaprojectmlp@gmail.com> Subject: Fwd: Request for Public Records - RESPONSE REQUIRED 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.