Request #1958
Pursuant to the California Public Records Act, please provide me with copies of the following (electronic format preferred: CD, flash drive, email, etc) records:
1. All reimbursements paid to or on behalf of Mayor Bao Nguyen by the City of Garden Grove or affiliated entities from Nov 2014 to June 30, 2016;
2. All expense reports, conference fees, travel records, city credit card statements, city checks, cash advances, purchase orders or personal credit card statements paid for by the City of Garden Grove or affiliated entities to Mr. Nguyen or on behalf of or for Mr. Nguyen;
3. All car allowance records and mileage reimbursements paid to or on behalf of Mr. Nguyen by the City of Garden Grove or affiliated entities;
4. All cell phone records/expenses paid for by the City of Garden Grove for or on behalf of Mr. Nguyen;
5. All emails sent to Mr. Nguyen from Nov 2014 to June 30, 2016;
6. All emails sent by Mr. Nguyen from Nov 2014 to June 30, 2016;
7. All campaign reports filed by Mr. Nguyen through June 30, 2016;
8. All applications for appointment to city positions submitted by Mr. Nguyen to City of Garden Grove or affiliated entities;
9. Salary paid to Mr. Nguyen for the years 2014, 2015 and 2016 to date;
10. Total benefits and other compensation, including health care, retirement and any stipends paid to Mr. Nguyen.
Correspondence
Re: Request for Public Records - Notice of Determination
City of Garden Grove
Dear Mr. Johnston,
The City of Garden Grove (the "City") has completed its initial review of your June 30, 2016, request for copies of all emails sent to and by Mayor Bao Nguyen from January 1, 2016 to the present. This letter shall serve as the City's notice of determination as to whether your request calls for the disclosure of non-exempt and non-privileged public records in the possession of the City, pursuant to the California Public Records Act (the "ACT") (Government Code Section 6250, et seq.). The City's determination in this regard is as follows:
Records deemed responsive to your request have been located and are determined to contain responsive non-exempt, non-privileged information under the Act. City staff is, however, still in the process of gathering and assembling the requested documents. City staff anticipates completing the document review and making the documents available to you on or before Thursday, September 22, 2016.
Please feel free to contact me if you have any questions or concerns regarding this request.
Sincerely,
Denise Kehn
Records Specialist
City of Garden Grove
714-741-5036
Due date extended to: Thursday, September 22, 2016
Re: Request for Public Records – Notice of Extension
City of Garden Grove
Dear Mr. Johnston:
The City of Garden Grove has received your records request dated June 30, 2016, requesting information pertaining to Mayor Bao Nguyen. This letter shall serve as notification of the City’s intent to comply with your request for public records, pursuant to the California Public Records Act (the “Act”) (Government Code §6250 et seq.).
The City is in the process of evaluating this request and is compiling records in an effort to make a determination as to whether the request seeks copies of disclosable public records in the possession of the City of Garden Grove. However, notice is hereby given that the time limit to make this initial determination under the code shall be extended by fourteen (14) days to July 28, 2016, pursuant to Government Code §6253, for the following reason:
(a) The extension of time is reasonable and necessary for the proper processing of the request.
As noted above, the City’s written determination as to whether the request seeks copies of disclosable, non-exempt and non-privileged public records in the possession of the agency shall be sent to you on or about July 28, 2016. Pursuant to the Act, thereafter any and all disclosable, non-exempt and non-privileged public records that are deemed responsive to your request will be made promptly available to you.
In the meantime, if you have any questions or concerns regarding the processing of this request, please contact me at 714-741-5036.
Sincerely,
Denise Kehn
Records Specialist
Due date extended to: Thursday, July 28, 2016
Dear Mr. Johnston,
Your revised request for item #'s 5 & 6 has been received.
Sincerely,
Denise Kehn
Records Specialist
City of Garden Grove
714-741-5036
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From: "David Johnston"
To: "denisek"
Sent: Wednesday, July 13, 2016 12:27:46 PM
Subject: Re: Request #1958: Message from DENISE KEHN
For now, please provide me with the emails previously requested but now limited to those from January 1, 2016 to July 13, 2016.
Thanks
Waiting for a response from the requester regarding item numbers 5 and 6.
Due date extended to: Friday, July 15, 2016
Dear Mr. Johnston,
Please click on the link below to access the documents responsive to your request for the following:
1. All reimbursements paid to or on behalf of Mayor Bao Nguyen by the City of Garden Grove or affiliated entities from Nov 2014 to June 30, 2016;
** See attached
2. All expense reports, conference fees, travel records, city credit card statements, city checks, cash advances, purchase orders or personal credit card statements paid for by the City of Garden Grove or affiliated entities to Mr. Nguyen or on behalf of or for Mr. Nguyen;
** See attached for copies of expense reports, conference fees, and travel records. There are no records responsive to copies of city credit card statements, city checks, cash advances, purchase orders or personal credit card statements paid by the City of Garden Grove for Mr. Nguyen.
3. All car allowance records and mileage reimbursements paid to or on behalf of Mr. Nguyen by the City of Garden Grove or affiliated entities;
** There are no records responsive to this request.
4. All cell phone records/expenses paid for by the City of Garden Grove for or on behalf of Mr. Nguyen;
** There are no records responsive to this request.
5. All emails sent to Mr. Nguyen from Nov 2014 to June 30, 2016;
** See below
6. All emails sent by Mr. Nguyen from Nov 2014 to June 30, 2016;
** See below
7. All campaign reports filed by Mr. Nguyen through June 30, 2016;
** Copies of campaign reports were sent on June 30, 2016.
8. All applications for appointment to city positions submitted by Mr. Nguyen to City of Garden Grove or affiliated entities;
** There are no records responsive to this request.
9. Salary paid to Mr. Nguyen for the years 2014, 2015 and 2016 to date;
** See attached
10. Total benefits and other compensation, including health care, retirement and any stipends paid to Mr. Nguyen.
** See attached
*** Please note: In regards to benefits, the amount on the left side of the document is how much the City contributed toward Mr. Nguyen's medical and dental benefits. The amount on the right is how much Mr. Nguyen contributed.
In addition, regarding request numbers 5 and 6 for email communications from November 214 to June 30, 2016, the City objects on the basis that your request is overly broad, unduly burdensome, and not focused and specific. (Rogers v. Superior Court (1993) 19 Cal.App.4th 469, 481) After a preliminary search of the City's records, the City anticipates there will be several thousand emails responsive to your request. Each of these emails would have to be reviewed for privileged and exempt information, which would require a significant amount of staff time. The City requests that you narrow your request by shortening the time-frame, providing a specific topic, or identifying keywords to include in the email search.
Sincerely,
Denise Kehn
Records Specialist
City of Garden Grove
714-741-5036
Dear Mr. Johnston,
Please click on the link below to access the documents responsive to Item 7 of your request for all campaign reports filed by Bao Nguyen through June 30, 2016. Please note the 460 forms for the time period of January 2016-June 2016 are not due until July 31st.
Sincerely,
Denise Kehn
Records Specialist
City of Garden Grove
714-741-5036
Dear Mr. Johnston,
Please click on the link below to access the documents responsive to your request regarding copies of all emails sent to and by Mayor Bao Nguyen from January 1, 2016 to July 13, 2016. Please note emails that were exempt from disclosure and junk emails were not provided. Please feel free to contact me if you have any questions.
Sincerely,
Denise Kehn
Records Specialist
City of Garden Grove
714-741-5036