Verified Petition SMBRC PRA 02 12 2015.pdf

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I SABRINA D ‘VENSKUS [SE-N 219153) VENSKUE -H: A35-UCLHTES P C I503 ‘West Djat Ave, Stute F 01:11 CA 934123 Phone [305] 2?: 34523

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FﬂI:5It|JJ.|e" (113) 432-4245

[email protected] £1:-In

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gurltyof Lee P4-WQIBIEG Atlumejrs for Petlttuner The Belle-na Wetlands Land Tm:-t

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SUPERIOR COURT OF THE STATE HF CALIFCIRNIA FDR THE COUNTY OF LUS ANGELE-5

Cas-e'l~Ie.:

The Helium Wetlands LandTn|st,

vennmn rennun FOR PEREIWTORY ‘WRIT or MANDAIE mm necemnomr RELIEF ‘I'D EHFDRCE THE CALIFOIINL-"It PUBLIC

S-ante Meme! Bay Restnratterll Dummtsslun, DOES l to ll]

Rltcnhns ACT

Respondents

[CaL Civ. Prue- Code, section IDES; California Public Records Aet}

Pehhoner Ballona Wetlands land Trust alleges as fellows:

This petmnn for wnt ef numliete is brought by Petitioner Bellena Wetlands Land Tmsrl ("Lend Tn1sl"ur"Pet|l1m1¢1"’)hJ eempel Respondent Santa Monica

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Restoranon C0l.‘|.I|J1lS510IH_ 'SMlBRC or "CDIJJ.1‘Il.l5SiD[l“ er "lILespnndent"} to p §1ﬁ Iﬁﬁéilﬂia In

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urds requested by the l..arn:l Trust pumtant to the Calif-emia Public Records AetT‘CPRA"_)&

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Gevemment Cede eeetmns 6250-EH6 43 and Article I § 311:) of the Califemia Cnnstimtinn.'=’ BEIPQISH

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Veriﬁed Petition for Writ of Mandate to Enforce Public

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THE PARTIES

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2.

Petitioner Bsllona Wetlands Land Tntst is a non-proﬁt, 5liIl{c]|[3) organization

founded in I994 with the mission of protecting the greater Balloon Wetlarrda ecosystem from ongoing threats ofrnhan encroachment. The Land Trust is a California corporation with its

principal place ofbusiness in Playa Del Rey,

In this suit, Petitioner represents the

interests ofits Board mentbers, yoluntec-rs and ﬁnancial supporters, and other constituents being too numerous to name individually.

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Respondent Santa Monica Bay Restoration Commission is a local, non-

regulatory state agency established in 2002 (Pub. Res. Code § 3tl9B8.2[a).). The SMBRC is a State agency within the meaning of Government Code section -E-252, subdivision ta}, and in

doing the acts alleged in this petition, acted within the scope of its official duties. 4.

Petitioner is ignorant of the true names or capacities ofthe respondents sued

herein under the ﬁctitious narnes DOES l drrough ll), and will seek leave to amend this petition to identify them in their true names and capacities when and if identiﬁed. JURISDICTION AND VEl"iUE

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This court has subject-matter jtn-isdiction over this case under Government Code

section 6259, subdivision [a] because the records being sought are now, or have been, situated

within the control of the Santa Monica Bay Restoration Cotrrunission in Los Angeles County.

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This case is properly classiﬁed as an unlimited civil case, and therefore within

the jurisdiction of this oourt, because it is not one ofthe types ofcases listed as limitedloivil

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casesinsections 85 or8oot'theCodeofCivil Procedure. T.

This court has personal jurisdiction over Respondent Santa lylonica Bay

Restoration Commission because the Respondent is a state government agency of California-

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' ' Veriﬁed Petlﬁln lor win ol'MI|1dIl'e to Enforce Public Records so

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Venue is properly laid in this court under Civil Procedure Code section 401,

becausethisisanactionagjainstastateagetncy,andsection4tllprovidesthatsnyaction

against a state agency which may be conunenced, tried in, or removed to Sacramento, may

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also he cornrnenced and tried in any county in which the state Attorney General maintains an

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oﬁioe- The California Attorney General maintains an office in Les Angcles County at 300 S

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Spring St #1700, Los Angeles, CA 911013. In addition. Government Code section 6259,

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subdivision {at allows venue in the Superior Court of the county where the records sought or

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some part thereof-are situated. On information and belief, Petitioner alleges that the records

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sought by this request have been used by Respondent within the County of Les Angeles, and

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that the requested records, or some part thereof, are situated andtor accessible within Les

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Angeles County.

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FACTS

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Background ol the Bantu Monica Bay Restoration Commission

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The Land Trust is informed and believes, and thereupon alleges that in I958, the

State of Califomia and the United States Environmental Protection Agency established the Santa Monica Bay Restoration Project t"Sh![BRP“] as a National Estuary Program [HEP]. The

stuns? received funding from the us Envirottrnenliel Protection Agency ("us EPA") and also received a budget ﬁ'om the Stale water Resources Control Board and adnnnjshative

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support, including office space, ﬁorn a division oftlte State Water Resources Control Board, namely, the Los Angeles Regional Water Quality Control Board.

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The Land Trust is informed and believes, and thereupon alleges, that in February

I990, the Management Committee of the SIHIBRP established the Santa Monica Bay

Restoration Foundation {“Slv[BRF" or “Founthrtion", also sometimes referred to as "The Bay

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Foundation" or "THF") as a nonproﬁt corporation in order “to provide a funding mechanism

for activities that will lead to the restoration and enhancement ofthe Santa lvlonica Bay,“ and mandating that “The goals ofthe Santa Monica Bay Restoration Foundation shall be

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compatible with the goals of the Santa Monica Bay Restoration Project.“ The Foundation's

board was comprised of representatives of the Slv!lHRP's Management Committee.

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The [and Trust is informed and believes, and thereupon alleges, that the

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Slv[BR.P was renamed to the Santa Monica Bay Restoration Commission {"SlvlBRC“) by

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legislation, authored by then-State Senator Sheila Kucbl and co-authored by then-Assembly

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Member Fran Pavley, which was enacted in 2002 and went into effect on January I , 2003. In

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establishing the SMBRC, the legislature found that the “Sarita Monica Bay is a public trust for

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present and future generations ofCalifornians."

12. The I..and Trust is informed and believes, and thereupon alleges, that the

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SIHTBRC and the $lvlBRF have consistently operated as though they are a single entity,

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sharing identical mission statements, oftice space, multiple staff and hoard members, letterhead, annual reports, logos and credit for achievements. For example:

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a) SMBRF operated out ofthe same ofﬁocs as SMBRC which were provided by the

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Los Angeles Regional Water Quality Control Board at 310 West-1"“ Street in downtown Los Angeles;

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at stvranv used letterhead bearing the Great Seal of the State ofCalifomia ("soot

Seal") and referencing the sttrnrtt: in the header; " c} At the April l_T, Itllllti Slt[BRC Governing Board meeting, the Governing Board elected seven rrrentbcrs to the $lt'llilRF Board of Directors, three of whom continue to serve on

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the Sh-IBRF Board of Directors to this day;

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d} In November 2012, the SMBRC entered into a Memorandum of agreement ("MBA") with the Santa Monica Bay Restoration Foundation |["SMBRF"] that fornialinod the

longstanding relationship between the two entities and ofﬁeially delegated ﬁscal management

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and stafﬁng responsibilities fortlie SMBRC to the SMHRF. The MGR states that “[t]he Foundation provides staff, including the Etteeulive Director of the [SMBRC], and administrative services to the [SMBRC] that are ftmtled by grants from U.S. EPA and other

funding sources, including state grants, donations, and other aouncea[,]"’ and that "ﬂue Foundation aoppons the work of the [Slv[BRC], with a focus on obtaining and expending fimrls not otlierwiae availahle to the [SMBRC]."'

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The Land Trust is infomted and believes, and thereupon alllgttﬁa that each year,

the SIHIZBRC developo an Annual Work Plan which deﬁnea the public duties of each of its staff members. The ﬁscal year 2015 Annual Work Plan lists the following people and positions as staff of the $lVl.BB.C: Torn Ford, Etteeutive Director; Guangyu Wang, Deputy Directorfﬁtaﬂ Scientist; Scott Valor, Director of Governmental iliffaire; Grace Lee, Director oftltutreaeh; Marcelo Villagomez, Adrninsitrative Director; Jack Topel, Environmental ‘Scientist; Karina Johnston, Director of Walerahed Programs; Mark Ahratnson, Senior

watershed Adviser; Contracting Coos1.illant,BaJlona Wetlands EEQA Project Manager; Lia Plolopaqaodaloa, Marine Scientistand Project Manager; Michelle Kearney, Boater Education

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Proparn Coordinator; ‘fietona Ipp-olito, Boater Education Program Associate; Ivan Model, Watershed Programs Manager; Rodney Abbott, Field and Research Technician; Julie Du Brow,

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Coinmiutication Specialist; Canie Baldwin, Boater Education Program Assistant; Maria Wong, Laboratory Technician. 14 of these individuals also serve as staff ofthe SMBRF and I 1 of those ld nerve with identical ornearly identicaljol: tillea.

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Verified Petition for Writ of Mandate to Entoroe Puhlie ltecorda Act

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An undated nternorandtnn [with a creation date of January 1o, 2013] horn the

SMBRC to legal counsel ofthe County of Loo Artgeles, states that “the Work Plan IS the

agreement between the [SMBRF] and [sumac] and it states that they must vvorlt hand-in-

hmc" . Bacltgrotlltd of the SIPIBRC’! role in Restoration Planning for the Ballnna

Wetlands Ecological Reserve I5.

After decades of advocacy and eﬁ'ort hy ntJ.1Itet'otJ-5 environ.1'nental groups,

including the Land Trust, the Ballona Wetlands Ecological Reserve ("Reserve") was created by the California Fish and Game Commission in 100$, using approxirnately ﬁlllil acres of land acquired from aprivate developer. The California Department of Fish and Wildlife ["CDF‘il1'“') owns and manages the Reserve. 16.

The Land Tmst is infonrted and believes, and thereupon alleges, that for roughly

ten years, the SlvlBP.t'J has worked closely with CDFW onplanning to restore the Reserve. That restoration planning is commonly lnrnwn as the Ballona Wetlands Restoration Project ("Restoration Projet‘-I"). I7.

Dn January I3, I013, the SIVIIHRC, CDFW, the State Coastal Conservancy

("EEC") and a private fotnidation named the Annenherg Foundation {'Annenherg") entered

into a lvletnornndunr ofUnderstanding (“Milli”) speciﬁcally regarding “Restoration Planning

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for the Ballona Wetlands". The MDU proposed the construction ofa 4ti,[|IDID square foot

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building vvithin the Reserve, including a domestic pet-adoption center [“Annenberg Project")

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The SMBRC lists and describes its projects [“Slv[BItC Projects") in its Annual

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Reports, Annual Work Plans and in the Bay Restoration Plan.

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'5_ Veriﬁed Petition for Writ of Mandate to Elfone Pnhllc Records Act

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Ballona Wetlands Restoration Planning is an SMBRC Project listed andior

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described in the SlvtBRC‘s Amtual Reports, Annual Work Plans and in the Bay Restoration

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Plan.

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an undated docinnent (apparently created on February 26, 21114 and authored by

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state employee and SMBRC Deputy Director Guangyu Wang] indicates that Anneuherg made

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a grant ot'$lt}7,25ll to the stvtsttr, for the speciﬁed purposes of“Balloon Wetlands

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Restoration Planning," an soranc ‘Project. Public Record: Requests Submitted to S1t'[BRC by the Land Trust

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21. - Du September ill, 2013, Land Tn.u1t President Walter lamb submitted a CPRA Request to the SMBRC [see Exhibit A} requesting, among other things, records pertaining to

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the Anneuherg Project and records pertaining to the anticipated timeline of the Restoration

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Project.

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Dn September 19, 2013, Slv[BRC's Director of Ciovenunent Affairs, Scott

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Valor, responded to Mr. l.-arnb's September lilth CPRA Request in-a letter oonﬁmting his role as the designated statf contact for the SMBRC for all CPRA requests. Mr. valor further advised lvlr. Lamb that, "rhllltottgh you directed your request to the Santa Monica Bay

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Restoration Commission, it is the Santa Monica Hay Restoration Foundation staff that is involved with the project, and I ant assisting the Foundation in responding to the request to

the extent the documents are available to Commission staﬁi" Mr. Valor further indicated that Slv[BRC was redirecting the request to the CDFW as the lead agency for the project- [See Exhibit B]. 23.

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The Land Trust is infornted and believes, and tlierettpon alleges, that lvlr. Valor

serves as the Director of Government Affairs for the S11-[BRC and simultaneously serves as

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Veriﬁed Petition for Writ of Mandate to Enfonee Plhlic Records Act

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the Director of Government Affairs for the SMBRF, and his salary is paid by the SMBRF for both his work as Director of Government Aﬁitirs for the Sh-[HRC AND his work as Director

of Govenirnent Affairs for the Slv[BItIF. 24.

ﬁn January 27, 2014, lvlr. ‘Valor stated in an e-mail message to Mr. Lamb that he

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was "in receipt of and have reviewed the documents pcrovicl-ed to the Ballona Wetlands Land

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Trust by the Department of Fish ﬁt Wildlife pursuant to your Public Records Act request of:

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September ll, 2013, assumed by DFW on September 20, 20l3, and resubmitted to SMIBRC on Deoeniber 9, 1013. The SMBRC does not have any additional documents that are responsive to your request-" {see Exhibit E] 25.

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Clo July Il, 2014, Mr. Lamb subrnittod a CPRA request letter to SMBRC (see

Exhibit D), in which he requested, among other things, the following public records on the

grounds that they had h-eenpreparod, owned, used orietsinetl by stsffroembers ofthe SMBRC, a public agency:

t) Copies of all minutes ofroeethigs ofthe Board of Directors of The Bay Foundation between August 1, Ittlll and the present date;

2) Copies of the most up-to-date calendar or schedule of meetings of the The Bay Foundations Board of Directors for 1014;

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3) A copy of The Bay Fotmdatiorfs bylaws or any similar governing documents;

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4) Copies of any records of, or records relating to, grants or donations to The Bay Foundation ﬁoni private entities.

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On August 26, 2014, Frauen Meﬁfhesney, an attorney forth: State Water

Resources Control Board who provides legal counsel to the SMB]-IC, responded to lvlr. Lamb's July 21, 2014 CFRA request. {see E:tl1ibitE)Ms. McChesriey‘s letter alleged that that

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‘Ferllterl Petition for W1-it of Mandate to Enforce Public Records Act

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records ofthe SIHIBRF were, as a matter offact and law, also public reoords ofdie SIHIBRC only if they related to activities funded by the US EPA. Based on this argument, the SMHRC,

by and through its attorney lvls. lvlcﬁhesrvey, responded to each of Mr. Lamb's July 21, 2014

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records requests set forth in the preceding paragraph, and refusing to disclose those requested records as follows:

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Copies of all minutes of meetings ofthe Hoard of Directors ofThe Bay

Foundation between August l. ‘tﬂll and the present date:

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The Comrnirsion hos no responsive oioornnents.

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Copies of the most up-to-date calenthr or schedule of meetings of The Bay

Foundation's Board of Directors for 2014:

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Tire Commission |lIG3' no re.r,oonsive documents.

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3.

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A copy ofThe Bay Foundation's bylaws or any similar governing dolcumentsi

The Commission not no rerporesivs documents.

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Copies of any records of, or records relating to, grants or donations to The Bay

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Foundation ﬁnm private entities:

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The Commission tins no diroicso-his uloctrmenrs. Commission srqﬁreeeit-ten‘ nfew

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emails innolttertenrtfy-_t5'om Foundation stnﬁinttd tmmedtotebr deleted rhemjiom their inbox and, tlrereﬁrre, rile Commission has no documents to disclose.

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Thereafter, the Land Trust’s legal coimsel, Sabrina Venslnis of ‘ttenslnis and

Associates, P.C., sent 2 letters to Ms. l'~'lcCl1esltey[see Exhibits F and G), on November I'D,

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2014, and December 5. 2014, respectively. explaining that the SMBRC's attempt to

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distinguish "public records" non: "private records" based upon the type ofactivity the

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document relates to, rather than whether the records are prepared, owned, used, or retained by

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Veriﬁed Petition tor Writ oi‘ ltlandate to Enfltroe Public Records Act

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the SMBRC, was not supported in law or fact. The following factual examples were listed in

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Ms. Venskua' letters:

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Many of the SMBRC Projects listed in the SI».-'[BRC'a 201$ Annual Work Plan.

including projects related to the Hallo-na Wetlands, are funded by the Sl'v[El]l.F via sources other than the US EPA.

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Most SLTBRC staff are also Slvll5|llF staff and moot SMBRF board nternbers are

also SMBRIZ Governing Board rrt-embers. -

The Annual Work Plan speciﬁcally indicates that SLIIBRC staff are tasked with

preparing meeting notices, agendas, staff reports, minuta, and mohitions for meeting; of the

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Do December 12, 2014, Ms. Mcﬂheaney responded to both oflvls. 'lr"errsltt1s'

letters (see Exhibit Q] cnnlintting to stand by the serene‘; decision not to disclose the requested records.

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requesting, in part: “all written records prepared, owned, uaed or retained by any

representative ofthe Santa Monica Bay Restoration Commission relating eitlier to the Ballona Wetlands Restoration Project in general or the Annenberg Fo1mdation's propnaed ‘Urban

Ecology Center’ speciﬁcally, that have not been previously disclosed to the Land Trust." {see

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Du Novenrher 18,1014, Mr. Lamb atrbrnittetl a CPHA Request to the SMBRC

On November 23, 1014, Mr. ‘Valor responded by providing a single presentation

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made by a SMBRC staff

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Exhibit I}

herat the Sh-{BRC goveming board on October 16, 2014; (see

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Veriﬁed Petition for Wrlt ol‘ Mandate to Enforce Public Records Act

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31. On December E, I014. blr. Lamb subtnitted a CP'Rtlt_ Request to Sb'lBli'.C requesting, in part: “all written eorrnpondcnce, including arty attached or enclosed

documents. between Sl't'[BB.C staff. as identiﬁed in the current SMBRC Annual Work Plan,

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and the project manager for the Ballonta Wetlands Restoration project, also identiﬁed in the

Atmusl Work Plan." {see Exhibit L] 32.

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On December 19, 2014, Mr. Valor responded to Mr. Lamb's December Bth

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CPIUL Request by indicating, with regard to records between SMBRC staffand the Ballona

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‘llfetlands Project manager, that "[t]he SMBRC does not have any documents that are

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responsive to no request." (see Exhibit to

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33.

Un January 1', 2015, Mr. Lamb submitted s CI-‘RA Request to the SIHIBRC

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requesting records relating to a “community ﬁtndraisiug initiative" that was conducted by the

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Slut‘.-EIRC. (see Exhibit E}

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3-t. On January ts, rots, tut. Valor responded to e-mail (see stttthtt so disclosing

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only two documents that referenced the initiative, although there were many more such

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documents in the possession of SMBRC. One ottbe two documents disclosed was an ofﬁcial

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submiion rtttttt the stvtattc to the US EPA speciﬁcally stating that “Lite sttnssc

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developed and implemented splau to diversity [sic] and augment the funding source through annual formula-based contributions by Governing Board members and enhanced program of

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foundation and corporate partnerships." The annual formula-based contributions by

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Governing Board ntetnbetts is the same fundtaising effort that SMBRC Eitectttive Director

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Shelley Luce had referred to as the “contntunity fundraising initiative" in her solicitations for

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funds, as described below.

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Verltled Petition far Writ of Mandate tn E-nturtte Public Itecards tltct

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Also onlaouarjy 16, 2U15,l'dr. Lambrcsoonded to M1". Valorvia email, noting

that the Sit-IBRC’e CPRA response did not include any correspondence between SMBRC staff _ and the local governments from whom SMB-RC‘ had solicited IIIlJIlB13l'}']Jl}'1I1eIiI5. Mt‘. Lamb

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6 1 e 9 to 11 12 12. 14 1s 15 11 18 1e 20 21 22 re. '3':-4 its “I6

provided a copy of an email nneasage |JCl."i'BBIl Mr. Valor, using his SMBRC job title, and one

sueh local government, the City of Hcrtnoea Beech, as an example of the records requested that Mr. Valor, on behalf of the SMBRC, had failed to diecloee. 315.

Dn January 21, 2015, Mr. Valor responded to M1‘. Lamb's January ltith email,

wherein Mr. Valor alleged that die "co|nn:tunit‘y ﬁindreiaing initiative" was “an activity oondueled by and for Santa Monica Bay Restoration Foundation, which is not subject to the

Public Records Act“ and that "The Commission itselfdid not engage in a 'eon1|:ounit1r fundraiaing initiative.’ Rather, The Bay Foundation engaged in the limdraiaing efforts. The Bay Foundation is not euhjeet to the Pttblie Records Act, so no doeutneota are available." (see

Exhibit N} 37.

On January 21, 2015, Mr. Lamb oonnadieted Mr. Valor‘; eaeertion the SMBRC

did not engage in a “oornlnunity fundiaiaing initiative“ and provided e letter Ere-tn SMBRC

Exeetllit-‘e Director Shelley Luoe, on SMBRC letterhead, requesting a contribution of funds1,

from a public agency ae part ofsaid “eommunity iundraiaing initiative ... that will provide critical ﬁnancial support for the aetivitiee of the SMBRC." 38.

In an about-faoe, on January I2, 2015, Mr. Valor provided 32 additional

ruponsive documents, all from 2012, relating to the "eornlnunity fundraiaing initiative,”

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including several documents that Mr. Valor lied bimselfauthorcd on SMBRC letterhead using

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his ‘SMBRC title in the signature block. [see Exhibit O}

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Veriﬁed Petition for-Writ of Mandate to Enforce Public Records Act

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39.

On January 23, 2015, Ms. Venslrus sent a ﬁnal pre-litigation letter to Ms.

Mcﬁhcsrtey providing additional evidence supporting the Land Trust's position that the requested records are public records under the CPRA and therefore must be disclosed. The

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letter requested that all previously-withheld documents he disclosed within ten calendar days

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tnoobviate the need forthe LandTrustto ﬁle oftvritofmandamus in Loo Angeles Superior

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Court. [see Exhibit B.)

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4:1. On January 25,2015, Mr. Lamb aentan email to no. Valor (see Etdtibitl")

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requwting that the Slv'[BR.C provide additional undisclosed records relating to the

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"community fimdraising initiative" as follows:

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“[P]rovide all written records relating to the Slv[BRC’s ‘community ftmtlraising

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initiative‘, which would include all ofthe following:

a) All

correspondence relating to this SMBRC initiative, including e-mails and

any hard copies of letters not available in digital form

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b} All attaclnncota or supporting documents c] All invoices; payment reminders or other solicitations of annual payments related to the initiative

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d} All records of payments collected in connection to the initiative and any records of deposits of those funds

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c] All records ofdisbursements or other cttpenditurcs from the reserve food or other ﬁtnde into which initiative funds were deposited." 4].

On February 5, 2015, Mr. Valor responded to Mr. Lamb's fourth request for the

disclosure of all records relating to the “cornntunity fundraising initiative" by providing one

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additional record which was e letter from the city of Palos ‘Verdea Estates to Dr. Luce in

veriﬁed Petition for ‘Wrlt or Mandate to Enlorce Fobllc Iteom-ds Art

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response to Dr. Luce's solicitation of funds. hlo other requested records, such as invoices or

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records of payment and disbursement were pmvidcd. {see Exhibit Q}

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On February 6, 2015, lvlr. Lamb sent an email message to Mr. Valor noting that

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do-curnents that the Land Trust considered to he responsive had still not been disclosed lvlr.

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Lamb included a copy otan invoice from the SMBRC Executive Director to a public agency

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that had speciﬁcally voted to “Support

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for the Santa Monica Bay Restoration

gigs; in the amount of $5,000 per year for ﬁve years" in response to Dr. Luce‘s request for such payment on behalfofthe SMBRC. [emphasis added]

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On Fehrt.ta.'ry 9, 2015, Mr. Valor responded that “The SMBRC has disclosed all

doctnnents in its possession that are responsive to this request" Regarding the invoice that

13 14»

Mr. Lamb had provided, Mr. ‘Valor stated that “the Sl'v[BR.C's Eaecutive Director asked its

15

Governing Board members to contribute to The Bay Foundation as a pert of the larger effort

16

ofthe National Estuary Program to

its overall services. The invoice you forwarded

l'i' lll

shows that the Foundation obviously invoiced those Governing Board members who chose to

19

participate with the Foundation on that level- The actual

Ill

the Bay Foundation, not the SMBRC."

effort was carried out by

I1 22 23

General Allegations -14.

The Land Trust alleges, on information and belief, that sometime after her initial

24

discussions with the Annenberg Fotmdation, the Ettectrtive Director ofthe SMIBRC negotiated

rs are

a $1tlT,25tl grant from the Annenherg Foundation to the SMBRF. acting as the ﬁscal agent for

'3' it

the SMBRC, for the purposes of"Balloon Wetlands Restoration Planning,“ an SMBRC

-_h:|

Project as noted above. The Land Trust further alleges on information and belief that the

r|_|

.-\..

'—_‘-'29

Ettectttive Director of the Slv[l3RC and other staﬂ‘ and Governing Board members of the

{,1 30

14_ Veriﬁed Petition for ‘Writ of Mandate to Enforce Public Records Act

1 2 3 =1 5 6 1 s s to 11 12 I3 t-=1 15 ts 12 ts ts 211

'21 22 23 3_'2=t Q 25 -t .|

~' 26

SMHRC prepared, owned, used, or retained written records relating to that grant. but that the SMHRC has refused to disclose the public reclttt't2l$_

45.

The Land Trust alleges, on information and belief, that stat-I" ofthe Sh-IBRC, in

the performance of their public duti, have prepared, owned, used er retained documents relating to Balloon Wetland Restoration Planning, a public project ofthe 5h'[BRC, but that the

SMBRC has refused to disclose these public records. 46.

The Land Trust alleges, on information and belief, that staﬁ'auri Governing

Board members ofthe SMBRC, in the pet'foru:|ai:t.ce of their public duties, have prepared,

owned, used or retained minutes and agendas cftneetings of the Sh-![B]t.F that directlypertain to the conduct ofthe puhlic‘s and the St»-[Blt.t3‘s otﬁeial busius, but that the SMBRC has reﬁiaed to disclose these public records. 4?.

The Laud Trust alleges, on inibrrruttion and belief. that staffand Governing

Board members of the Sh-IBRC, irt the performance of their public duties, have prepared,

owned, used or retained the By-laws of the 'Sh[BR.F, but that the SIHIHRC has refused tc disclose these public records. 48.

The Lend Trust alleg, on inihrnmicn and belief. that staffattd Governing

Board members of the SMIBRC, itt the performance of their public duties, have prepared,

owned, used or retained documents relating to the solicitation of donations to the Sh'[B[tF from participating local governments, for the beneﬁt ofthe SMBRC (a_|r,a_, “the community ftmdraising initiative") but that the SMBRC has refused to disclose these public records.

22 -.__1 23

329

F11> 15

__

_

Veriﬁed Petition for Writ of Mmlllte to Enturee Public Record: Art

1

FIRST CAUSE OF ACTION AGA.l1"i5T ALL RESPUHDENT5

2

Writ ol Mandate Under Code oi’ Civil Proeetiure Section llbﬁ

3 . {Failure to Perform a Mandatory Duty Pursuant to the Calllnrnla Publlc Record: Act and 5

4 i 5 f

California Constitution}

5

49.

_ T

All of the above paragraphs are incorporated by reference as though set out at

length herein.

8 1

SD.

9

19

The Ballona Wetlands Land Tntst is a member of the public and a party

beneﬁcially interested in the outcome of these proceedings and has a clear, present and

11 substantial right to the relief sought herein.

12

SI.

At all times pertinent hereto, there existed in force Gcwermttent Code sections

13 14

6250 et seq. [hereinafter the “California Public Records. Aer‘ or "CPRA“}, which impose

15

mandatory duties upon public agencies.

15

52.

11' '

Art. l, Section 3[b] of the California Cnnstihttinn provides every person a

'

13

oonstitutioisal right to access information concerning the conduct ofthe People's business, and

19 j provides that the writings ofpublic ofﬁcials and agenei shall be disclosed and open to public - 20 I scnttiny. All ofthe records requested as described herein this Petition for Writ of Mandate are

21 22

subject to this Constitiutional provision and must be disclosed to the Land Trust. The SMBRC is

13

in triolatinn ct‘the Califomia Constitution by failing to disclose to the Land Tnist the requested

_,_

T24

records.

25 L26

53.

“ 3-;

The crttn provides that “Public Records" includes any writing containing

information relating to the conduct ofthe publie's business prepared, owned. used, or retained byi

-1.

'~-.113 any state tut‘ local agency regardless ofphjisical form or characteristics." Gov. Ct:tde § 6252[e)129 -in

_ _ __ I I _ _ _ _ ‘Wr11:u1g' rnetnts any handwntutg, type‘-vrtttng, prtnttng, pholostatmg, photographing,

. .'

_

to

_

vn-inn: Petllilll l't1r Writ ol Mandate to Eufufﬂl rut.-iur Records an

l I 3

photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of oontnutnication or repmentation, including letters, words, pictures, sounds or symbols, or combinations thereof, and any record thereby created, regardless

4

5

ofthe manner in which the record has been stored."Gov. Code § 6252(3). The deﬁnition of

6

“public records" is “intended to cover every conceivable kind of record that is involved in the

T

governmental process” and “Any record required by law to be kept by an officer, or which he

8 9

keeps as necessary or convenient to the discharge ofhis oﬂicial duty, is a public record.“ (Sort

ll]

Gabriel Tribune v. Superior Court‘(l91li3], 143 Call-\pp.3-cl T62, 714.] “[A]l| public records are

ll

subject to disclosure unless the Legislature has expressly provided to the contrary. {iﬁtifessis v

12

Sttperior Court (toss). 5 c.st.e“* 337, 3415.). an ofthe records requested as described herein this

13 14

Petition for Writ of Mandate are public records under this deﬁnition, and SMBRC is in violation

15

of the CPRA, Governrneut Code section ti-153, for felling to disclose the requested records.

16

5-'-I.

Govermnent Code § 6253.3 provides “A state or local agency may not allow

1? 13 19 20

another party to control the disclosure of information that is otherwise subject to disclosure pursuant to this chap'ter.". Thus, the CPRA explicitly forbids an agency ﬁ'o|n allowing a third party to control the disclosure of information that would otherwise be subject to disclosure

21 22 .

|

23

+1 24

-|_|

.25

are for

2s

129 .--i-

through the CPRA. The SIHIBRC has violated, and continues to violate, Grwermnent Code § 6253 .3 because SMBRC has allowed, and is allowing, the SMBRF to control the disclosure of

information that is otherwise subject to disclosure under the CPIUL. 55.

The CPRA provides that whenever a member of the public believes that public

records are being improperly withheld by an agency, that member ofthe public may bring a veriﬁed petition to the superior court of the county where the records or some part thereof are situated for an order requiring the officer or person charged with withholding the records to

Kr!

1?

.

Verilied Petition for ‘Writ of Mllltllte to Enforce Public Records Act

1

disclose the public records. [Gov. Code § 6259, subd_. (at) The CPRA further provides that ifthe

2

court ﬁnds the public official's decision to re-titse disclosure is not justiﬁed, the oourt shall order

3

the public official to make the record public. (Gov. Code § 6259, subd. |[b).) The court is required

4 5 t5

to award costs and reasonable attorneys‘ fees to petitioners who prevail in such an action. (Gov. t I

Code § 6259, subd. (c}.} The cotrrt must set times for responsive pleadings and hearings “with

T I |thc object of securing a decision as to these matters at the earliest possible time.“ (Gov. Code E § 6253.) 9 56.-

1D 1'1

The Ballona Wetlands Land Trust has no plain, speedy and adequate remedy at

law other than that sought herein.

I2

Prayer for Relief

13 14 15 id

W1-IEREFORE, Petitioner prays for relief as follows: (i}

For a peremptory writ of mandate commandirtg Respondent $h'[BR.C to disclose to

Petitioner Ballona Wetlands Land Trust, within ten days or issuance of said writ of

ll" 1B

mandate, all requted public records which have not yet been produced, including

19

the following described records:

20

-

a. Documents relating to the grant agreement between the Armenberg Foundation

21 21 23

and SMBRF that were prepared, owned, used or retained by SMBRC staff. b. All records, for which no exemption applies, relating to SIHIBRC staff member

--t.

T114 1. .

rs

Ti Id ,_.J

, ' 2r --...-rs

t'Lru'ina Johnston’: responsibilities, as outlined in the Stv[BRC's EDIS Arurual Work. Plan, to “[d]i.rect CEQAINEPA project manager; facilitate coordination

with CEQA consultants and EIJUEIS project teams for the Balloon Wetlands Restoration Project" and "[t:n]anage projects, including budgeting, invoicing and

rs.

."' 29 _j»_3ll

18

_

Verified Petition for Writ of Mandate to Enforce Public Records Act

1

other administrative tasks for the Watershed Programs of the Sh-{BRC-as directed

2

by the Executive Director."

3

c. All "meeting notices, agendas, staffreports, minutes, and resolutions” prepared by

4 5MB-RC staff for meetings of minutes of the SMBRF as referenced in the

5

Slh'[BRC's Fiscal Year Ill l5 Annual Work Plan.

6 T

d. By-laws ofthe Sh-'l'BR_F, in so far as they were prepared, owned, used or retained

B

by SMBRC staﬂ" or hy SMBRC Governing Board members.

9' 10

e. - All urrittaen records, not slresdy disclosed, relating to the solicitation by SMBRC

ll

-staffof ﬁnancial contributions from local gmrerntnenls to the SIHIBRF for the

I2

purposes of supporting the activities of the SMHRC. Such records would include

13

- invoices, payment records, disbursement records and other similar records.

l4

s Any other written records that would he responsive In post CPRA Requests hut.

I5 l6

that were improperly withheld hosed on the improper interpretations of the EPRA

1'?

addressed in this Petition.

IE

(ii)

l9 EU 21 22

H

Declaratory Reliefthst the SMBRC is in violation of the CPRA for failure to disclose

the above-described records to the public;

P

23

(iii)

Costs ofsuit;

(iv)

Reasonable attorneys’ fees pursuant to Crouerument Code section G259, and Civil

24

-

Procedure Code section lMl.$;

._ 25 ‘J26

('1)

Such other and further relief as is just and proper.

__ 21 -'-._I|

29

19

__

Vet|'ilie|l Peﬁtiolt for ‘Writ of Mmtllte to Enlurce Public Records Act

l

0

l !Dnted:

0

5,2 / lD/ is

.

Respectfully submitted,

1' 3 4 I

By: W Satori Vensltus

5

__

Attomcy for Petitioner Ballona Wetlands l_.BI'tEl Trust-

6 T 3 9 I'll ll I2 I3 I4 I5 I5 I? 13 I9 20 2| 1'2 E23

.__l¥4 -I5

its

|—‘-

,2? “cs

'-\.. ._|

I19 J13-lll

_

so Veriﬁed Petition for Wtrit of Mandate to Enforce Public Records Act

|

I

vo-inouioo

I

it, Welter Lamb, om President of the Bellons Wetlands Land Trust, Petitioner in this action, and

'oooooo.oriootio make thisdeclsratlnnonbeliolfoftlie ooiiooo Wetlands Lend Trust. i

P

lltave rcod the foregoing Veriﬁed Petition for Perernptory Writ of Mandate to Enforce

Public Records Act and know the contents thereof. The matters stated therein are true and oooooo ofmy own knowledge, except as to those nrstters that ere stated on information and belief, and, es to those matters, I believe tltqrarc true. I declare under penalty of perjury under the laws of the state ofCalifornia that the

foregoing is true and correct. Executed on

cs 2! Io lg 0 |3 at Loo A-ngeles. California, Los A.-ngeles County.

W/LL I

'-n ._|

‘\-

_i..\ _.\..> '| 1

II

\-

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_'1

_.. _

2|

__

Veriﬁed Petition for Writ of Menrlste to Enforce Public Records Act