san diego union tribune 3156 vista way, ste. 301...

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Via E-Mail Ashly McGlone San Diego Union Tribune 3156 Vista Way, Ste. 301 Oceanside, CA 92056 [email protected] Re: Vallecitos School District/UT CPRA Request Dear Ms. McGlone: Please consider this letter, and the attached documents, Vallecitos School District’s formal response to your California Public Records Act (CPRA) requests dated March 5, 2014. The attached documents are those which are not exempt under the CPRA. They include all responsive non-exempt emails requested from the Superintendent’s District email account. The District’s policies were produced yesterday, in a separate production. The District objects that some of the documents responsive to your requests fall within the specific disclosure exemptions under the CPRA. If so, those documents have been redacted or not disclosed based upon the following objections and exemptions: private information and personnel matters, as permitted by section 6254(c), and privileged materials, as exempted by section 6254(k). Finally, the District takes the legal position that two of your requests --- those seeking emails to or from any of the District Superintendent’s personal email accounts relating to District business --- are not subject to the CPRA, because the District does not have actual or constructive possession over any such private account. The District therefore objects on that ground. This position is supported by the recent Court of Appeals holding in City of San Jose v. Superior Court of Santa Clara County. 2488 Historic Decatur Road Suite 200 San Diego, CA 92106-6113 (619) 232-3122 Fax (619) 232-3264 www.stutzartiano.com A Professional Corporation April 30, 2014 Daniel R. Shinoff [email protected]

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Via E-Mail Ashly McGlone San Diego Union Tribune 3156 Vista Way, Ste. 301 Oceanside, CA 92056 [email protected]   Re: Vallecitos School District/UT CPRA Request Dear Ms. McGlone:

Please consider this letter, and the attached documents, Vallecitos School District’s formal response to your California Public Records Act (CPRA) requests dated March 5, 2014. The attached documents are those which are not exempt under the CPRA. They include all responsive non-exempt emails requested from the Superintendent’s District email account. The District’s policies were produced yesterday, in a separate production.

The District objects that some of the documents responsive to your requests fall within the specific disclosure exemptions under the CPRA. If so, those documents have been redacted or not disclosed based upon the following objections and exemptions: private information and personnel matters, as permitted by section 6254(c), and privileged materials, as exempted by section 6254(k). Finally, the District takes the legal position that two of your requests --- those seeking emails to or from any of the District Superintendent’s personal email accounts relating to District business --- are not subject to the CPRA, because the District does not have actual or constructive possession over any such private account. The District therefore objects on that ground. This position is supported by the recent Court of Appeals holding in City of San Jose v. Superior Court of Santa Clara County.

2488 Historic Decatur Road Suite 200 San Diego, CA 92106-6113 (619) 232-3122 Fax (619) 232-3264 www.stutzartiano.com

A Professional Corporation

April 30, 2014

Daniel R. Shinoff [email protected]

Stutz Artiano Shinoff & Holtz A Professional Corporation

April 30, 2014 Page 2

Should you have any questions, please do not hesitate to contact me.  Very truly yours, STUTZ ARTIANO SHINOFF & HOLTZ A Professional Corporation Daniel R. Shinoff /dni

Enclosure

Email redacted for Personnel exemption.  

Email redacted for Personnel exemption.  

Email redacted for Student Privacy.  

Email redacted for Student Privacy.  

Email redacted for Student Privacy.  

Email redacted for Student Privacy.  

Email redacted for Student Privacy.  

Email redacted for Personnel exemption.  

REDACTED

Email redacted for Personnel exemption.  

REDACTED