Without knowing what that privilege knowing more about the nature of that privilege that would require that certain information be redacted. I am going back to her memo as well. This is the longer one. Thanks. Following up on commissioner studleys question, is the privileged standard that were looking at the one were talking about all notes, preliminary reports . Controllers benchmark studies, audits, investigations and other reports shall be confidential . That is that is the first part of it. First part. And the Second Quarter part of the standards is records of any investigation shall be considered confidential information to the extent permitted by state law. Correct. And then there is the evidence code 1040 section defining official information. Okay. And that portion we dont have in our memo, right . Tonight . Here it is if you want to take a look at it. Okay. mr. Givner, have i missed anything . No, no. I was just searching to see if i had evidence code 1040. I would note that i
Something is specifically exempt, its by definition a Public Record, period and its a Public Record and disclosable unless it can be withheld under one of the specific sections of the state law. And if you look at the two charter sections that have been quoted, both of them are set out within the scope of the applicable state law. Now the memo before you says that were not exempt from disclosure, but may be disclosed. Well, a determination that they may be disclosed means that they were Public Records and your obligation is to disclose them. Now i cant help, but observe, because its come up so many times, that the Ethics Commission is supposed to be the most ethical of city hall bodies. And the fact that you have been repeatedly challenged on your own openness and willingness to disclose is, im afraid, the essence of this entire question. And my compliments to mr. Menat shaw for being so fastidious and so faithful in his commendable pursuit of this issue. Thank you very much. David pil
Do commissioners have objections to taking Public Comment now. No. It sound like what you are offering to mr. Shaw is something outside of Public Comment and as a party to this proceeding you are giving him five minutes and after mr. Shaws five minutes open up the floor for Public Comment. Okay. We can do that. Thank you, mr. Givner. Im turning into mr. Chatfield my 150word testimony that i will remail so you dont have to rekey it, introducing typos. Im sorry, can you hand me that copy back . Never mind, i found what i was looking for. So you will recall that when i was here, in october, i testified that 1040 doesnt apply and i also testified quite strongly, both here and at the Sunshine Task force that c369913 doesnt apply either. I have been denied access to these records for two years. Regarding access to litigation states, advice and compliance with, analysis of, and opinion concerning liability under or any communication otherwise concerning the California Public records act the r
And or local ordinances that protect the disclosure of this information, including c3. 69913a. Her proposal i believe is to produce the information as redacted. Not having that section at my fingertips, or in mind, and i dont but its hard for me to make a judgment on this without knowing what that privilege knowing more about the nature of that privilege that would require that certain information be redacted. I am going back to her memo as well. This is the longer one. Thanks. Following up on commissioner studleys question, is the privileged standard that were looking at the one were talking about all notes, preliminary reports . Controllers benchmark studies, audits, investigations and other reports shall be confidential . That is that is the first part of it. First part. And the Second Quarter part of the standards is records of any investigation shall be considered confidential information to the extent permitted by state law. Correct. And then there is the evidence code 1040 secti
That is that is the first part of it. First part. And the Second Quarter part of the standards is records of any investigation shall be considered confidential information to the extent permitted by state law. Correct. And then there is the evidence code 1040 section defining official information. Okay. And that portion we dont have in our memo, right . Tonight . Here it is if you want to take a look at it. Okay. mr. Givner, have i missed anything . No, no. I was just searching to see if i had evidence code 1040. I would note that infection f1. 8110b involves whistleblower complaints and the second section you noted c369913 involves ethics investigations. Do commissioners have objections to taking Public Comment now. No. It sound like what you are offering to mr. Shaw is something outside of Public Comment and as a party to this proceeding you are giving him five minutes and after mr. Shaws five minutes open up the floor for Public Comment. Okay. We can do that. Thank you, mr. Givner.