Last Summer it occurred to me that it should be possible to use the California Public Records Act to get advance notice of City of LA homeless encampment cleanup actions. After an inordinate amount of bitching and moaning on my part, three weeks ago they actually handed over a schedule one day in advance. Since then, though, the person who gave me that record has been removed from my case1 and the new person assigned to it, Veretta Everheart, Senior Management Analyst with the Department of Public Works, is as obstructionist as everyone else I’ve dealt with at LA Sanitation (although perfectly friendly and delightful to deal with). In other words, no new advance schedules have been forthcoming.
On a slightly hopeful note, though, Veretta Everheart did actually tell me explicitly that they weren’t going to give me advance schedules.2 The reason she gave is that they “are living documents” which are “not retained.”3 Although she doesn’t say so explicitly, this is evidently a nod in the direction of an exemption enumerated in CPRA at Section 6254(a), which states that it’s not required to release
Preliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by the public agency in the ordinary course of business, if the public interest in withholding those records clearly outweighs the public interest in disclosure.
Now, if this is actually what she’s claiming,4 it’s probably not going to fly. First of all, even if these calendars are in fact drafts, there’s a solid argument that the public interest in disclosure outweighs the public interest in withholding. In fact, there’s no discernable public interest in withholding these.5 Not only that, but all of these calendars, drafts and preliminary versions included, are, in fact, retained, making the applicability of this exemption even more implausible.
Continue reading Update On Attempts To Use CPRA To Get LA Sanitation To Provide Advance Notice Of Homeless Encampment Cleanups