Professional Documents
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CALIFORNIANS AWARE,
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Petitioner/Plaintiff,
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v.
CITY OF SALINAS,
Respondent/Defendant.
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Case No.:
VERIFIED PETITION FOR WRIT OF
MANDATE, INJUNCTIVE AND
DECLARATORY RELIEF FOR
VIOLATIONS OF THE CALIFORNIA
PUBLIC RECORDS ACT WITH
EXHIBITS A THROUGH D.
[Cal. Government Code Section 6250 et
seq.]
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injunctive and declaratory relief under California Code of Civil Procedure sections 1085
and 1060 and Government Code sections 6258 and 6259. In this verified Petition,
THE PARTIES
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1.
Petitioner/Plaintiff
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AWARE
(Petitioner
or
CalAware) is, and at all times mentioned in this petition has been, a 501(c)(3) nonprofit public benefit corporation organized under the laws of California, governed by a
board comprised of public officials, public-minded citizens, and journalists, whose
mission includes the promotion and defense of the principles of open government. Its
offices are located at 2218 Homewood Way, Carmichael, CA 95608. As such, CalAware
has a beneficial interest in Respondents performance of its legal duties under the
CPRA.
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local agency as defined by Government Code 6252(a), and is, therefore, subject to
the CPRA. The City is governed by a publicly-elected, seven-member council (City
Council). The Citys main office is located in Monterey County at 201 Lincoln Avenue,
in Salinas, California 93901.
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CALIFORNIANS
This Court has jurisdiction over this matter pursuant to Code of Civil
Procedure sections 1085 and 1060 and Government Code sections 6258 and 6259.
4.
of Monterey and the acts and events giving rise to the claims occurred, in part, in the
County of Monterey.
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Petitioner is informed and believes, and upon that basis alleges that the
City Clerk of City of Salinas has been regularly providing the entire City Council, in
connection with its public meetings, a document detailing upcoming agenda items and
reports, also referred to as a calendar of upcoming events (Calendar).
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At the November 19, 2013 City Council meeting, during the agenda item
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At the January 7, 210 City Council meeting, during the agenda item
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In early 2014, CalAware became informed, and on that basis alleges, that
the City had refused to release the Calendar to the public in response to a public
records request.
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Francke, sent a public records request to the City Clerk, asking for a copy of the
Calendar. A true and correct copy of CalAwares March 4, 2014, request is attached
hereto as Exhibit C.
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-3VERIFIED PETITION FOR WRIT OF MANDATE
10.
On March 13, 2014, the City Clerk responded to Mr. Franckes March 4th
Public Records Request. A true and correct copy of Ms. Aquinos response is attached
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CAUSE OF ACTION
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retained by the City, and are, therefore, deemed to be public records pursuant to
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The City has claimed that the responsive public records are exempt from
disclosure pursuant to Government Code section 6254(a), because they are drafts.
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section 6254(a) is inapplicable to the requested records because the records are not
preliminary, the records have actually been retained in the ordinary course of
business, and the public interest in withholding the records does not clearly outweigh
the public interest in disclosure of those records.
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-5VERIFIED PETITION FOR WRIT OF MANDATE
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factual material contained in deliberative memoranda and severable from its context....
[are not exempt from disclosure] Citizens for A Better Env't v. Dep't of Food & Agric.
(1985) 171 Cal.App.3d 704, 713 [citing Environmental Protection Agency v. Mink
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one protected by their State Constitution. The California Constitution, Article 1, Section
3, Paragraphs (a) - (b) state:
The people have the right to instruct their representatives, petition
government for redress of grievances, and assemble freely to consult for
the common good.
The people have the right of access to information concerning the conduct
of the people's business, and, therefore, the meetings of public bodies and
the writings of public officials and agencies shall be open to public
scrutiny.
A statute, court rule, or other authority, including those in effect on the
effective date of this subdivision, shall be broadly construed if it furthers
the people's right of access, and narrowly construed if it limits the right of
access.
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Petitioner has
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requested copies of unredacted, disclosable public records from the City, but City has
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refused to provide access to those public records. The only plain, speedy, and adequate
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the parties regarding the Citys responsibility to disclose records under the CPRA.
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The City has a ministerial duty to perform according to the laws of State
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Petitioner has an interest in having the laws executed and public duties
enforced and, therefore, has a beneficial interest in the outcome of the proceedings.
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Petitioner has a clear, present, and legal right to the Citys performance of
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The City has a present legal duty and present ability to perform its
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The City has failed to perform its ministerial duties as required by the
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CPRA.
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Therefore, this Court should find that the records requested by Petitioner
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are disclosable public records and that City has violated the CPRA by refusing to
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release these records, and should order the City to immediately release unredacted
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1.
That after a trial of this action, to be held on notice, this Court issue a
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declaration that:
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(a)
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(b)
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Petitioner; and,
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(c)
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-8VERIFIED PETITION FOR WRIT OF MANDATE
2.
SALINAS to perform as required by the California Public Records Act and to release
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incurred in this action pursuant to Government Code Section 6259 and/or Code of Civil
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4.
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For such other and further relief as the court deems just and proper.
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Kelly A. Aviles
Attorney for Petitioner
CALIFORNIANS AWARE
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-9VERIFIED PETITION FOR WRIT OF MANDATE