Liars

My county pen pal emailed me today, reminding me that his efforts to secure OC Public Administrator/Guardian John Williams’ timesheets have run into a roadblock, namely, the assertion that “elected officials do not have to fill out timesheets.” (Williams seems to spend an extraordinary amount of time travelling at taxpayers' expense. One wonders if his records for his two gigs—he's also an SOCCCD trustee—add up.)

Pen Pal sent me a page from a law book evidently cited by the "no can do" County people. I looked at it. It made no sense to me.

Pen Pal notes the following difficulty with the County’s argument: OK, elected officials don't have to keep timesheets; but 75% of Williams’ pay concerns the “Public Guardian” part of his job, and that part is not an elected position; it is appointed.

OK, sounds good, Mr. Pal.

Pen Pal is also pursuing older records (of Williams’ travel/expenses) from the SOCCCD. At this point, he has only received relatively recent records, which we have posted here on DtB. Those data alone paint a remarkable picture.
Stay tuned.

Meanwhile, the Voice of OC (VOC) today reports similar trouble that its reporters have experienced, attempting to gain access to public records for a story on federal foreclosure relief dollars:

The Law Behind a Recent Public Records Showdown

Writes VOC’s Adam Elmahrek,

I needed to review records relating to [Santa Ana's] foreclosure relief program and had contacted Shelly Landry-Bayle.... Landry-Bayle wanted me to set up an appointment to review the records ten days hence.

Landry-Bayle did not specifically cite the provision in the CPRA that allows an agency ten days to respond to a request for public records. She just said that the first available time she had for me to view the records was in ten days.

I couldn't wait that long. And [my colleague Tracy] Wood, who has fought public records battles in California for decades, said I didn't have to. Cities are allowed a 10-day response period to respond to records requests when the request requires that they gather records that aren't readily accessible, Wood said….

Wood's position is based on the section of the law stating that "Public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record..."

So Wood and I decided to go to city hall during normal business hours and demand to see the records. We were met by Santa Ana Assistant City Attorney Lisa Stark, who told us we had to make an appointment for another day. We held firm, citing the relevant section of the law.

Stark was none too happy with our response, and, citing Santa Ana's policy on public records, repeatedly insisted that we come back another day. But after realizing that we weren't going anywhere she relented and brought us the records within an hour.

Later, Elmahrek and Wood put the question to CPRA expert (and VOC consultant) Terry Francke, who wrote back:

There is no provision in the California Public Records Act (CPRA) authorizing a public agency routinely to tell requesters to "come back in 10 days”….
. . .
… [T]he Act states that state and local government records "are open to inspection at all times during the office hours of the state or local agency and...except with respect to public records exempt from disclosure by express provisions of law, each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, shall make the records promptly available...

It also states that no provision of the Act, including the 10- and 14-day periods, "shall be construed to permit an agency to delay or obstruct the inspection or copying of public records."….

Rat bastards.

Pen Pal reminded me that Colleen Callahan is running for Public Administrator at the next election. She seem to really have Johnny's number.

SEE ALSO

• The California Public Records Act
• Pocket Guide to the California Public Records Act

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