Monday,

M ay 1 8, 2 015 at 9 :11:37 PM Pacic Daylight Time

Subject:
Date:
From:
To:

Phone message RE: unbacked bills

Tuesday, April 21, 2015 at 3:48:27 PM Pacic Daylight Time
John Myers
diane.boyer@legislaJvecounsel.ca.gov

Im following back up on the phone message I leP with you on Monday regarding my interest for informaJon
regarding unbacked bills. In the interest of Jme and clarity, I thought Id send along an email with some specics.
Were aRempJng to beRer understand the process that exists for unbacked bills, namely legislaJon draPed by
your oce per a request from a legislator but not authored by that legislator. Its my understanding that those
requests are in addiJon to the work your oce does in draPing and veXng bills for introducJon by a member.
Our specic request to begin with: some data on unbacked bills draPed since the beginning of the 2013-14
legislaJve session, both cumulaJve totals and totals for each legislator. If you need a more formal request or
addiJonal info, Im happy to provide it.
Thanks very much,

JOHN MYERS | Senior Editor

KQED California PoliJcs & Government Desk
online | radio | television
916.446.6821 T
916.425.7168 M
@johnmyers

Page 1 of 1

Monday, M ay 1 8, 2 015 at 9 :12:56 PM Pacic Daylight Time

Subject:
Date:
From:
To:

RE: Phone message RE: unbacked bills

Wednesday, April 22, 2015 at 11:06:05 AM Pacic Daylight Time
Boyer, Diane
John Myers

Mr. Myers
I apologize for my delayed response. The Oce of LegislaNve Counsel does not have a system that allows us to
readily track the number of unbacked requests that we may receive during a session. Moreover, any informaNon
related to specic requests by Members of the Legislature is subject to the aTorney-client privilege.
Diane Boyer-Vine
-----Original Message-----
From: John Myers [mailto:jmyers@KQED.org]
Sent: Tuesday, April 21, 2015 3:48 PM
To: Boyer, Diane
Subject: Phone message RE: unbacked bills
I'm following back up on the phone message I leb with you on Monday regarding my interest for informaNon
regarding unbacked bills. In the interest of Nme and clarity, I thought I'd send along an email with some specics.
We're aTempNng to beTer understand the process that exists for "unbacked bills," namely legislaNon drabed by
your oce per a request from a legislator but not authored by that legislator. It's my understanding that those
requests are in addiNon to the work your oce does in drabing and veeng bills for introducNon by a member.
Our specic request to begin with: some data on unbacked bills drabed since the beginning of the 2013-14
legislaNve session, both cumulaNve totals and totals for each legislator. If you need a more formal request or
addiNonal info, I'm happy to provide it.
Thanks very much,
-
JOHN MYERS | Senior Editor
KQED California PoliNcs & Government Desk online<hTp://ww2.kqed.org/news/programs/faultlines> |
radio<hTp://www.californiareport.org/> | television<hTp://ww2.kqed.org/news/programs/kqed-newsroom>
916.446.6821 T
916.425.7168 M
@johnmyers<hTp://www.twiTer.com/johnmyers>

Page 1 of 1

Monday, M ay 1 8, 2 015 at 9 :13:34 PM Pacic Daylight Time

Subject:
Date:
From:
To:

Re: Phone message RE: unbacked bills

Wednesday, April 22, 2015 at 1:44:35 PM Pacic Daylight Time
John Myers
Boyer, Diane

Ms. Boyer-Vine,
Thank you for your reply. Given that your email oers two responses, Im
hoping that you can oer some clarity:
1. You say the Oce cant readily track the number of unbacked
requests. Does that mean its something that would take Xme to count? Or
do you mean that the Oce has no way of counXng them?
2. If there is no way to disaggregate the data, could you simply provide a
total number of bills draZed by the Oce in the 2013-14 session? Or for
any other two-year session?
3. Im aware of a[orney-client privilege, but could you provide more
informaXon on how our request for aggregate data falls under that rule?
Were not seeking informaXon on the contents of the bills, simply the
total number of requests made. If it helps, were amending our request to
only cover the 2013-14 session, which would seem to eliminate any
privilege issues related to pending legislaXon and/or legislaXve
deliberaXons.
We're hoping you can answer two addiXonal quesXons, as well:
1. Are there any limits placed on how many unbacked bills that a member
can request your Oce to draZ?
2. Would a[orney-client privilege, in your view, extend to former
legislators?
Given the nature of your work, we certainly understand the concerns with
condenXality. However, we also believe that aggregate historical data
is of importance to the public. As such, if there are specic laws or
regulaXons that you believe prohibit disclosure, it would be helpful to
know which ones.
Thanks again,
John Myers

JOHN MYERS | Senior Editor

KQED California PoliXcs & Government Desk
916.446.6821 T
916.425.7168 M
@johnmyers

Page 1 of 2

On 4/22/15, 11:06 AM, "Boyer, Diane"

<diane.boyer@legislaXvecounsel.ca.gov> wrote:
Mr. Myers
I apologize for my delayed response. The Oce of LegislaXve Counsel
does not have a system that allows us to readily track the number of
unbacked requests that we may receive during a session. Moreover, any
informaXon related to specic requests by Members of the Legislature is
subject to the a[orney-client privilege.
Diane Boyer-Vine
-----Original Message-----
From: John Myers [mailto:jmyers@KQED.org]
Sent: Tuesday, April 21, 2015 3:48 PM
To: Boyer, Diane
Subject: Phone message RE: unbacked bills
I'm following back up on the phone message I leZ with you on Monday
regarding my interest for informaXon regarding unbacked bills. In the
interest of Xme and clarity, I thought I'd send along an email with some
specics.
We're a[empXng to be[er understand the process that exists for
"unbacked bills," namely legislaXon draZed by your oce per a request
from a legislator but not authored by that legislator. It's my
understanding that those requests are in addiXon to the work your oce
does in draZing and vevng bills for introducXon by a member.
Our specic request to begin with: some data on unbacked bills draZed
since the beginning of the 2013-14 legislaXve session, both cumulaXve
totals and totals for each legislator. If you need a more formal request
or addiXonal info, I'm happy to provide it.
Thanks very much,
-
JOHN MYERS | Senior Editor
KQED California PoliXcs & Government Desk
online<h[p://ww2.kqed.org/news/programs/faultlines> |
radio<h[p://www.californiareport.org/> |
television<h[p://ww2.kqed.org/news/programs/kqed-newsroom>
916.446.6821 T
916.425.7168 M
@johnmyers<h[p://www.twi[er.com/johnmyers>

Page 2 of 2

Monday, M ay 1 8, 2 015 at 9 :13:55 PM Pacic Daylight Time

Subject:
Date:
From:
To:

RE: Phone message RE: unbacked bills

Wednesday, April 22, 2015 at 3:29:58 PM Pacic Daylight Time
Boyer, Diane
John Myers

Mr. Myers
Thank you for your follow up email. We are treaLng this as a request for records and will respond accordingly.
Diane Boyer-Vine
-----Original Message-----
From: John Myers [mailto:jmyers@KQED.org]
Sent: Wednesday, April 22, 2015 1:45 PM
To: Boyer, Diane
Subject: Re: Phone message RE: unbacked bills
Ms. Boyer-Vine,
Thank you for your reply. Given that your email oers two responses, Im hoping that you can oer some clarity:
1. You say the Oce cant readily track the number of unbacked requests. Does that mean its something that
would take Lme to count? Or do you mean that the Oce has no way of counLng them?
2. If there is no way to disaggregate the data, could you simply provide a total number of bills draded by the Oce
in the 2013-14 session? Or for any other two-year session?
3. Im aware of aeorney-client privilege, but could you provide more informaLon on how our request for aggregate
data falls under that rule?
Were not seeking informaLon on the contents of the bills, simply the total number of requests made. If it helps,
were amending our request to only cover the 2013-14 session, which would seem to eliminate any privilege issues
related to pending legislaLon and/or legislaLve deliberaLons.
We're hoping you can answer two addiLonal quesLons, as well:
1. Are there any limits placed on how many unbacked bills that a member can request your Oce to drad?
2. Would aeorney-client privilege, in your view, extend to former legislators?
Given the nature of your work, we certainly understand the concerns with condenLality. However, we also
believe that aggregate historical data is of importance to the public. As such, if there are specic laws or
regulaLons that you believe prohibit disclosure, it would be helpful to know which ones.
Thanks again,
John Myers
<
JOHN MYERS | Senior Editor
KQED California PoliLcs & Government Desk
916.446.6821 T
916.425.7168 M
@johnmyers

Page 1 of 2

@johnmyers

On 4/22/15, 11:06 AM, "Boyer, Diane"

<diane.boyer@legislaLvecounsel.ca.gov> wrote:
Mr. Myers
I apologize for my delayed response. The Oce of LegislaLve Counsel does not have a system that allows us to
readily track the number of unbacked requests that we may receive during a session. Moreover, any informaLon
related to specic requests by Members of the Legislature is subject to the aeorney-client privilege.
Diane Boyer-Vine
-----Original Message-----
From: John Myers [mailto:jmyers@KQED.org]
Sent: Tuesday, April 21, 2015 3:48 PM
To: Boyer, Diane
Subject: Phone message RE: unbacked bills
I'm following back up on the phone message I led with you on Monday regarding my interest for informaLon
regarding unbacked bills. In the interest of Lme and clarity, I thought I'd send along an email with some specics.
We're aeempLng to beeer understand the process that exists for "unbacked bills," namely legislaLon draded by
your oce per a request from a legislator but not authored by that legislator. It's my understanding that those
requests are in addiLon to the work your oce does in drading and veung bills for introducLon by a member.
Our specic request to begin with: some data on unbacked bills draded since the beginning of the 2013-14
legislaLve session, both cumulaLve totals and totals for each legislator. If you need a more formal request or
addiLonal info, I'm happy to provide it.
Thanks very much,
-
JOHN MYERS | Senior Editor
KQED California PoliLcs & Government Desk online<hep://ww2.kqed.org/news/programs/faultlines> |
radio<hep://www.californiareport.org/> | television<hep://ww2.kqed.org/news/programs/kqed-newsroom>
916.446.6821 T
916.425.7168 M
@johnmyers<hep://www.twieer.com/johnmyers>

Page 2 of 2

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