12-12-03 At the 11-24-03 and 12-1-03 meetings where the board approved the third version of the twice failed bond, we requested various documents (Records) from the Bandaras to publish online. He stated he would provide them. When they were not received in a few days we followed up by two E-mails and a fax.
Bandaras, after the 12-1-03, meeting stated he would not provide the documents as "the public records act did not apply".
We served this demand (see below) on the district at noon on 12-11-03, the day of their next board meeting. At that meeting under item 3.2 Correspondence to the board, this request was censored by Bandaras and not provided to the Board.
At item 3.7 - Pubic comment, copies of this request were handed to the board and Bandaras was asked why he had withheld the request from the board. He stood silent before the board and the public. He was then asked what other documents he had withheld from the board, again no response.
What else is Bandaras hiding from the board and hiding from the public.
December 11, 2003
Acton-Agua Dulce Unified School District
Board of Trustees
Martin Barofsky, President
Po Box 68 Acton, CA 93510 Via Fax 661 269-0849
RE: Public Records Act Request Dear Mr. Barofsky Pursuant to my rights under the California Public Records Act (Government Code Section 6250 et seq.), I ask for a copy of the following, which I understand to be held by your agency:
All records concerning the proposed bond passed at the 12-1-03 meeting of the Board of Trustee's including, but not limited to:
(1) E-mails
(2) Letters whether sent by FAX or US mail
(3)
All records provided to the pubic or board members
(4) All other records and
reports concerning the proposed school bond
(5) All records concerning cost
estimates on each portion of the project proposed to be paid for by this bond
and the presumed state match
(6) Specific plans on how the students will be accommodated and all costs relating to this accommodation and relocation of the
portables
(7) Cost of all improvements at the High School that will be abandoned
at the after a permanent school is completed under this bond and the cost to
remove these facilities
(8) Schedule of yearly payments on temporary buildings
at the existing High School made to date, along with contracted liability and
termination dates and cost to early terminate the contract
(9) If there is
provision to acquire the buildings, provide that cost now and for each year in
the future
Please provide all records requested as a copy of your electronic record in the format that it was created or stored in your system. Transmission as an attachment to E-mail (acton@wgn.net) or posting it to your website is acceptable. The law requiring electronic copies is reproduced below. Records not in electronic form can be provided in paper form.
California Government Code Section 6253.9. (a) Unless otherwise prohibited by law, any agency that has information that constitutes an identifiable public record not exempt from disclosure pursuant to this chapter that is in an electronic format shall make that information available in an electronic format when requested by any person and, when applicable, shall comply with the following:
(1) The agency shall make the information available in any electronic format in which it holds the information.
(2) Each agency shall provide a copy of an electronic record in the format requested if the requested format is one that has been used by the agency to create copies for its own use or for provision to other agencies. The cost of duplication shall be limited to the direct cost of producing a copy of a record in an electronic format.
I ask for a determination on this request within 10 days of your receipt of it, and an even prompter reply if you can make that determination without having to review the records in question.
I would not ordinarily trouble you with this written request, but when I first made it informally, I was told by Dr. Bandaras that your agency considers the information to be exempt from disclosure because your are not subject to the California Records Act. I respectfully suggest that this position, if I understand it correctly, is inconsistent with the Act.
If you determine that any or all or the information qualifies for an exemption from disclosure, I ask you to note whether, as is normally the case under the Act, the exemption is discretionary, and if so whether it is necessary in this case to exercise your discretion to withhold the information.
If you determine that some but not all of the information is exempt from disclosure and that you intend to withhold it, I ask that you redact it for the time being and make the rest available as requested.
In any event, please provide a signed notification citing the legal authorities on which you rely if you determine that any or all of the information is exempt and will not be disclosed.
If I can provide any clarification that will help expedite your attention to my request, please contact me without cost 800-773-5228, FAX 800-606-2036 or E-mail at acton@wgn.net.
Thank you for your time and attention to this matter.
Sincerely,
Charles Brink