What Now?!

199 Montecito Ave. Ste 307
Oakland, CA 94610
October 30, 2005 Second Request

Steve Westly
California State Controller

P.O. Box 942850
Sacramento, California 94250-5872
Subject: Public Records Act Request

Dear Mr. Westly:

Pursuant to my rights under the California Public Records Act (Government Code Section 6250 et seq.) and the California Constitution, as amended by passage of Prop 59 on November 3, 2004, I am writing to request a copy of the following records, which I understand to be in the possession of your agency:

Records and/or information, from 1999 to the present, showing the names and salaries of all California Public Utilities Commission employees whose compensation has been charged to PUCTRA Fund. Please also provide records and/or information indicating the percentage of each employee’s total compensation charged to PUCTRA Fund.

I ask for a determination on this request within 10 days of your receipt of it, and an even earlier reply if you can make that determination without having to review the record(s) in question.

If you determine that any or all or the information is exempt from disclosure, I ask that you reconsider that determination in view of Prop 59, which has amended the state Constitution to require that all exemptions be
"narrowly construed." Prop 59 may modify or overturn authorities on which you have relied in the past.

If you nonetheless determine that the requested records are subject to a still-valid exemption, I would further request that: (1) you exercise your discretion to disclose some or all of the records notwithstanding the
exemption; and (2) that, with respect to records containing both exempt and non-exempt content, you redact the exempt content and disclose the rest.

Finally, should you deny part or all of this request, you are required to provide a written response describing the legal authority or authorities on which you rely. Please also address the question whether Prop 59 requires disclosure even though authorities predating Prop 59 may appear to support your exemption claim.

If I can provide any clarification that will help expedite your attention to this request, please contact me at the address indicated in the heading of this letter.
Thank you for your time and attention to this matter.

Sincerely yours,

Yaya Fanusie, Ph.D

Publisher of “What Now” Newsletter.