I can’t remember where I learned that the Office of the Chief Legislative Analyst writes briefing notes for each meeting of each City Council committee, but obviously as soon as I heard I started trying to get copies via the California Public Records Act. And so on June 24, 2020 I fired off a request asking for a few years worth.
And you know how the City of LA is. I didn’t get a response at all until September 29, when CLA staffer Karen Kalfayan sent me this ill-considered bit of crapola, claiming that she would have denied my request as “overly broad” but that instead she was denying it as so-called “deliberative process,” a court-created interpretation of the CPRA at §6255(a):
With regard to your request for briefing notes for the period January 1, 2016 through June 24, 2020, please be advised that this Office has made its determination on your request as required by Government Code section 6253(c).
Please note that the request is overly broad, and normally we would request you to clarify your request in order for us to search for specific records. However, please be advised that records may be withheld under Government Code Section 6255 because they would show the officials’ deliberative process. As to these documents, Government Code Section 6255 permits nondisclosure because the public interest served by protecting the official’s decision-making process clearly outweighs the public interest served by the records’ disclosure.
But, you know, I had a thought about this. These briefing notes must be distributed to committee members, otherwise what’s the point? And the Brown Act, not the Public Records Act, contains a really important, really useful bit at §54957.5, also worth quoting:
Continue reading City Of Los Angeles Staff Lie All The Time About The Public Records Act — And Also Did You Know That The Chief Legislative Analyst Prepares Briefing Notes For Council Committees? — Two Sets For Each Meeting — One Is For The Chair — The Other For The Members — And CLA Staffer Karen Kalfayan Had The Nerve To Claim These Were Exempt From Production — Even Though The Brown Act States Specifically That They Are Not Exempt And Must Be Released Immediately On Request