1. Debris Recycle Reports for the Sixth Street Viaduct Seismic Improvement Project. Time Period, 10-1-2016 thru 11-30-2017.
Even if records were generated by a non-public source outside of the Department of Engineering, a public agency’s use of such records make the documents public records (San Gabriel Tribune v. Superior Court (1983) 143 Cal. App. 3d 762, 778). Government Code §6253( c) requires a public agency to produce copies of public records that are in the “possession of the agency,” unless there is an express exemption from the PRA. “Possession” of a public record by the agency is a distinct concept from whether a record is a public record (Regents of the Univ. of Calif. v. Superior Ct. (2013) 222 Cal. App. 4th 383, 401). “Possession" means “both actual and constructive possession,” as “an agency has constructive possession of records if it has the right to control the records, either directly or through another person.”(Consolidated Irrigation Dist. v. Superior Ct. (2012) 205 Cal. App. 4th 697, 710).
I do not believe there is any basis to withhold the foregoing public records. However, if you do, please identify each requested public record that you withhold and state with particularity and separately for each public record the PRA exemption pursuant to which you are withholding it or redacting any of it. If and when you have determined that there is a cost chargeable for these public records, please promptly email me and I will forthwith pay such charges.