William R. Richardson TOWN OF DISCOVERY BAY JECEWVED. 24 January 29, 2010 Kevin Graves, President TOWN OF DISCOVERY BAY CSD 1800 Willow Lake Road Discovery Bay, CA 94505 Re: Clarification of Terms Used By CSD Regarding Public Record Requests Dear President Graves: Over the past several years, that I have made requests for records under the CALIFORNIA PUBLIC RECORDS ACT ("ACT" herein), I have received CSD responses, such as: EXAMPLE A: We do (do not) have disclosable records responsive to your request for..." EXAMPLE B: We do (do not) have records responsive to your request for..." The key difference between the two statements is the word "disclosable." I have not, in the past, ascribed any particular significance to those occasions when the term "disciosable" was, or was not, used because of my understanding of the requirements imposed on CSD under §6255 of the ACT if it withholds any record It is my understanding that the duty of CSD to justify its withholding any record is triggered by CSD’s denial of providing the record, and does not require that 1 take from the use of the term "disclosable" that a record is being denied and then I must request CSD's justification. Regarding the many instances where CSD used EXAMPLE A as its response, it has never provided the justification required by §6255 of the ACT along with the names and titles or positions of each person responsible for the denial. It has recently occurred to me that it is not likely that there has never been a circumstance where a record is not being provided to me for some reason. Yet it appears that such is the case. I sincerely hope that such is the case, because if it is not, CSD has been in violation of the ACT on many occasions. This letter is to request clarification of this matter 1. .Was it CSD's intent to ascribe a different meaning when using one of the two examples described herein before? 2, Did the use of EXAMPLE A mean that records were, in fact, being denied? 1774 Seal Way + Discovery Bay, California 94505 + (925) 516-9500Kevin Graves, President January 29, 2010 Page two 3, Did CSD, in any case where EXAMPLE A was used, comply with §6255 of the ACT? 4. Was it CSD's intent, when using EXAMPLE B, that no records were being denied? Your early clarification of this matter will be appriciated. If it helps to expedite a reply, please treat this letter as having been submitted under the ACT Sincerely, William R. Richardson cc: Jonathan Lockett