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.
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