Submit PRA via Email TO Candic Eley. Copies sent to Mark Goldstein, San Diego Humane Society & SPCA Gaines Campus main fax number and Oceanside City Clerks office.

Call from Oceanside City Clerks Office (760-435-3006) at 2:05PM to confirm their office was copied on this request as an FYI.

San Deigo HS & SPCA has failed to respond as to whether or not they will provide the information requested.

Submit PRA via Email TO Elkie Wills; Copies to Mark Goldstein, San Diego Humane Society & SPCA North Campus main fax number and Oceanside City Clerks office.

Call from Oceanside City Clerks Office (760-435-3006) at 2:05PM to confirm their office was copied on this request as an FYI.

Email Response FROM Elkie Wills COPY to Laura Maloney - SDHS is not a public agency subject to California Public Records Act. The release of SPCA records to the public is governed by the internal policies of the Society. This request does not fall within those policy guidelines therefore they are unable to provide the records being requested. (attachment)

Email Reply to Elkie Wills - Request records release policy and guidelines governing the release of records to the public. (attachment)

Email Response FROM Elkie Wills COPY to Laura Maloney - The policy is for internal use and guidance. Unable to provide the information requested.

Submit PRA via email TO City Clerks office; Fax copy would not go through. Try again on Saturday 03/27/10 and Fax went through. Included denial letter from SDHS North Campus.

Response FROM City Clerks office; Several Oceanside employees copied on the response. Attached was a letter and copies of the SDHS Animal Control Summary for January and February 2010, the only required reports from the Humane Society pursuant to the Professional Services Agreement.

On 4/5/2010, Brad Jensen wrote:

Thank you for the response however public records request PR082 was for January 1, 2009 through March 20, 2010 information, a period covering at least 14 months. You provided information covering only two months, January and February, of this year without explanation.

On 4/5/2010, Angelina Ehrlich wrote:

The attached letter was sent as first attachment to my e-mail of 3/31/10. The second paragraph explained why the January and Feb. 2010 reports were the only ones provided. These were the reports that staff sent to me.

On 4/5/2010, Brad Jensen wrote:

These are the only records the City has of animal impounds and dispositions for the City of Oceanside at the 2905 San Luis Rey Road, Oceanside, CA location?

On 4/5/2010, Angelina Ehrlich wrote:

I e-mailed the staff who provided me with the information. Staff will get the reports for me and I will forward them to you as soon as I get them. San Diego Humane Society merged with the North County Humane Society in January 2010 that why the only reports provided was for January and Feb. 2010. March 2009 reports will be available sometime this month. Thanks for e-mailing me to clear the confusion.

On 4/5/2010, Brad Jensen wrote:

I think you mean the March 2010 reports will be available sometime this month. When you say you have emailed "staff" for these reports, are you referring to staff at the facility on San Luis Rey Road?

On 4/5/2010, Angelina Ehrlich wrote:

City staff will provide me with the reports. I hope to get the reports by this afternoon.

On 4/9/2010, Angelina Ehrlich wrote:

I just received the paper copies of the reports which staff just received If staff just received then its possible this information came from SDHS and had not been previously provided to the city.. There is no electronic copy. I am supposed to send you a bill for $0.10 per page if I have to send the copies by U.S. mail. To avoid charging you, I scanned the copies all at once (it will take time to scan separately by months). You can pretty much separate the reports. Hopefully this e-mail will go through (I usually cannot send more than 25 pages attachments). 2009 Summary Reports - Oceanside

On 4/19/2010, Brad Jensen wrote:

Would you please confirm that there were no problems encountered when scanning the 2009 monthly reports and that all information from the reports (ie front and back if applicable) was captured in the scanned PDF file you sent? Thanks.

On 4/19/2010, Angelina Ehrlich wrote:

Copies provided are all one sided. There are some reports with 2 pages. Just separate them by month and if you think there is something missing I will check with staff who provided them to me.

On 4/19/2010, Brad Jensen wrote:

I just needed to verify there were no problems in scanning, that all you rec'd was scanned and that there was no additional information on the backside of these reports that may have been missed. Thank you for confirming this for me.

Sent reply via email TO City Clerks office; Letter is dated May 14, 2010 and is 7 pages long. In summary it says: the San Diego Humane Society and SPCA has demonstrated that it is willing to comply with state law and adhere to its contract obligations but only when there is public oversight and/or is demanded (or threatened with lawsuits) to abide by state law. It is for this reason I must insist that the monthly reports provided are unresponsive to my request and that the Shelter Buddy system animal records be provided as originally requested.

Response FROM Guy Shaw; Brad, I apologize, I have started your information, but due to limited personnel and time I have not had time to finish it. I can send you some of the information in the same format as before and you can tell me what else you may need. Guy

Package received via US Mail with information requested. Package contained no copies of invoices with charges for service calls. Note; only a handful of the documents provided have been scanned and provided here.

On 4/20/2010, Ross Pool wrote:

Brad. Our systems unit is down another person. This request is in the "to do" box but it will take a little longer than usual. thanks for understanding.

On 4/20/2010, Brad Jensen wrote:

Ross, In the past, I believe you told me the request for information log was an Excel file that someone on staff was maintaining. Are you telling me a copy of this file can not be copied and sent within 10 days and a 14 day extension is needed?

On 4/20/2010, Ross Pool wrote:

the information is in different files and must be compiled. As I am not a systems person, I don't know how long it takes. It should not be more than the 24 days allowed.

On 4/20/2010, Brad Jensen wrote:

So you are wanting the 14 day extension?

On 4/20/2010, Ross Pool wrote:

not wanting. needing.

On 4/21/2010, Brad Jensen wrote:

Ross Pool, Management Analyst II/Custodian of Records, Los Angeles Animal Services Dear Ross, As Custodian of Records for Los Angeles Animal Services and the primary contact for receiving and completing Public Record Act requests I have to ask, if you say you need 24 days to compile a list of the Public Record Act requests being made through you... is there no log sheet currently maintained to document these requests being made and when they are completed?

( LAAS PRA Log Sheet from 2008YTD )

NOTE: As of this date Ross Pool, Custodian of Records for the Department of Animal Services, has not responded to the last question about whether or not a public records log sheet is currently being used to document incoming public records requests and when they are completed. However, he does say that more than 10 days are needed ( not wanted ) to compile information from different files.

The California Public Records Act allows public agencies an extension of not more than 14 days beyond the required 10 days to respond to a records request when needed and in "unsusual circumstances". Government Code Section 6253(c)

Unusual circumstances includes "The need to compile data, to write programming language or a computer program, or to construct a computer report to extract data." Government Code Section 6253(c)(4)

The problem here, as I see it, is knowing what log sheets are. A ship's log, engineering log, security log, dispatch log and even a personal workout log are all basically journals that someone is responsible for keeping updated regularly and is not a compilation of information to be entered at some later date. How would a log sheet for Public Records requests be any different?

The California Public Records Act states that "Nothing in this chapter shall be contrued to permit an agency to delay or obstruct the inspection or copying of public records..." Government Code Section 6253(d)

So with the understanding of what log sheets are and Ross Pool telling us that it could take up to 24 days to compile the Department's PRA Log Sheet from different files, two conclusions might be made:

1. This is a willful and deliberate attempt by the Custodian of Records to delay or obstruct access to public information.

OR

2. The Custodian of Records does not maintain a Department log of when public records requests are received, who is making the request, what that request is for and when that request has been fulfilled/completed.

Submit PRA via US Mail TO Bruce Whidden, Custodian of Records, Personnel Department and copy sent to Antonio Villaraigosa Attn: Custodian of Records for the Mayor's Office.

Response via US Mail FROM Bruce Whidden, Custodian of Records. Names of candidates applying for a position with the City of Los Angeles are exempt from release under the protections granted in Government Code Section 6255 because the public interest in releasing these records is clearly outweighed by the public interest in withholding these records. The responsive documents are therefore exempt from release under the California Public Records Act.

Further, questions, scoring keyes, and other examination data used to administer an examination or interview for employment are likewise exempt under Government Code Section 6254(g) and 6255 because the public interest in releasing these records is clearly outweighed by the public interest in withholding these records.

Response via email FROM Gregg Kettles, Deputy Counsel to the Mayor. Responsive documents are exempt and being withheld because their disclosure would reveal either our office's deliberate process, or data used to administer an examination for employment, or both. Government Code Sections 6254(g) and 6255 permit non-disclosure because the public interest served by withholding this information clearly outweighs the public interest served by their disclosure.

Regarding request number one, the contract is available from the Personnel Department. You may direct your request to Bruce Whidden, Public Information Director.

There is one responsive document in the possession of the Mayor's Office that we are producing, a job bulletin entitled, "General Manager Animal Services."

Received response via US Mail. I have removed what appeared to be personal phone numbers from these documents.

Phone Call FROM Dr. Dunn this afternoon to say they received the records request via fax and that it would take a week to 10 days to gather up all the reports and send via email.

Response via email FROM Dr. Dunn. Annual Rabies Activity Reports received. Files renamed and are currently available for download here