Protect Our Water (POW)
3105 Yorkshire Lane
Modesto, CA 95350
TO: Board of Directors East Merced Resource Conservation District
2145 W. Wardrobe Ave.
Merced , CA 95340
Date: September 26, 2007 Via e-mail and hand delivered
Re: California Public Records Act Request for Watershed Coordinator ( DOC II), Merced River Alliance (Prop. 13) Grants, NFWF Vernal Pool Grant, Lower Merced River Watershed Management Plan and Watershed Coordinator Grant Program 2007
Dear EMRCD Directors,
Pursuant to public rights under the California Public Records Act (Government Code Section 6250 et seq.) and the California Constitution, as amended by passage of Prop 59 on November 3, 2004, we are writing to request to review all documents pertaining to Watershed Coordinator( DOC II), Merced River Alliance (Prop. 13), NFWF Vernal Pool Grant, and Lower Merced River Watershed Management Plan and Watershed Coordinator Grant Program 2007 administered or proposed by East Merced RCD – including but not limited to budgets, invoices, reports, email and regular mail, meeting notes telephone records and telephone notes, involving the activities of the following staff and entities:
· River Watershed Coordinator/Merced River Stakeholders Facilitator/Merced River Fair Coordinator (Gwen Huff)
· Merced River Alliance (Gwen Huff, Cindy Lashbrook, Nancy McConnell, Terry McLaughlin, Cathy Weber)
· Local, state and federal agencies and UC Merced
· Merced River Stakeholders
· Upper Merced River Stakeholders
· Merced River Fair
· Workshops conducted by East Merced RCD, Merced River Alliance or Mariposa County RCD
· Mariposa County RCD
· UC Merced
· Recipients of outreach matching funds or in-kind contributions from but not limited to: Merced Irrigation District, UC Merced, Merced Alliance for Responsible Growth, CAFF, Merced County Farm Bureau any other group that has contributed matching funds or in-kind contributions.
We request the right to review the original records at a time to be arranged at the East Merced RCD office prior to any copying taking place. As provided by the Public Records Act, you have ten days to determine whether you have records subject to the Act. We look forward to hearing from you regarding this arrangement within 10 days or before Gwen Huff, East Merced RCD/Merced River Alliance/Lower Merced River Watershed Coordinator/Merced River Stakeholders facilitator, terminates her employment—whichever comes first. If you have any questions or concerns, please contact us. Thank you for your time and courtesy.
If you determine that any or all or the information is exempt from disclosure, we ask that you reconsider that determination in view of Prop 59, which has amended the state Constitution to require that all exemptions be “narrowly construed.” Prop 59 may modify or overturn authorities on which you have relied in the past.
If you nonetheless determine that the requested records are subject to a still-valid exemption, we would further request that: (1) you exercise your discretion to disclose some or all of the records notwithstanding the exemption; and (2) that, with respect to records containing both exempt and non-exempt content, you redact the exempt content and disclose the rest.
Finally, should you deny part or all of this request, you are required to provide a written response describing the legal authority or authorities on which you rely. Please also address the question whether Prop 59 requires disclosure even though authorities predating Prop 59 may appear to support your exemption claim.
If we can provide any clarification that will help expedite your attention to this request, please contact us at (209) 723-9283.
Lydia M. Miller Steve Burke
Cc. Interested Parties