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Wednesday, October 07, 2015

Mayor Sam Exclusive: LACCD Chancellor Francisco Rodriguez Refuses to Disclose Appointment Calendars

In a Mayor Sam Exclusive, Los Angeles Community College District (LACCD) Chancellor Francisco Rodriguez refuses to disclose his Appointment Calendars, in response to a California Public Records Act Request. 
LACCD Chancellor Francisco Rodriguez.
** Blogger's Note: In response to a tip, the Mayor Sam Blog initiated a California Public Records Act Request to the Los Angeles Community College District, seeking the Appointment Calendar of its Chancellor Francisco Rodriguez ........, and the reply from LACCD Legal Counsel (in simplistic terms)? "The Los Angeles Community College District will not be disclosing the Chancellor’s appointment/meeting calendars". Surely, we would love to give the LACCD Administration the benefit of the doubt, that their response was not predicated in keeping private, meetings, gatherings, junkets to far-off locales, that were not related to the official duties of the Chancellor. Further, we would think that the Chancellor of the largest Community College District in the nation, would be well-verse in the knowledge, that Openness and Transparency, should be a paramount priority for a Higher Education entity, that has been the recent focus of extensive news coverage regarding the misuse of public funds. That said, we would like to share a "Bloggin Teachable Moment" with the newly-appointed Chancellor regarding the role of local media in ensuring that highly-compensated public officials, are dedicating their "time on the clock", to assigned duties. We would advise Chancellor Rodriguez to review the following signature missives from now KRLA 870 AM Talk Show Host (and former Los Cerritos News Investigative Reporter) Randy Economy, regarding the "Official Calendar" of former Los Angeles City Controller and Mayoral Candidate Wendy Greuel ........, and the Investigative Missive Classic of former LA Weekly Reporter Patrick Range McDonald, that documented how former Mayor Antonio Villaraigosa dedicated a mere 10% of his work time, to official duties. BTW Chancellor Rodriguez, both missives were derided from documents obtained via the California Public Records Act. Thus, in the public interest, the Legal Counsel of LACCD ......, Chancellor Rodriguez may want to reconsider their response. Below we post the response from LACCD Legal Counsel ---Scott Johnson.

Dear Mr. Johnson-

This email constitutes the formal response on behalf of the Los Angeles 
Community College District (“the District”) to your California Public
Records Act (“CPRA”) requests, dated September 25, 2015, 
concerning Chancellor Rodriguez’ appointment/meeting calendars.

The District is asserting the deliberative process privilege in response
to your requests.  The relevant Government Code section of the CPRA,
which underlies this assertion, is Government Code section 6255. 

It reads: 
(a) The agency shall justify withholding any record by
demonstrating that the record in question is exempt under express
provisions of this chapter or that on the facts of the particular
case the public interest served by not disclosing the record clearly
outweighs the public interest served by disclosure of the record.

(b) A response to a written request for inspection or copies of
 public records that includes a determination that the request is
 denied, in whole or in part, shall be in writing.”

Under current case law, including the case of Times Mirror Co. v. 
Superior Court of Sacramento County (1991) 53 Cal. 3d 1325, 
the District asserts that  the public interest served by non-disclosure, 
under the deliberative process privilege, clearly outweighs the 
public interest served by disclosure of the subject calendars/schedules.  
In this case, the Chancellor’s decision–making regularly involves 
appointments and discussions that involve sensitive matters, and 
public disclosure of such appointments would hinder his ability to 
manage as an executive.  The various entities, community representatives, 
and others, that regularly visit with the Chancellor would be discouraged 
from doing so by such public revelation.  The applicable law regarding 
the deliberative process privilege also applies to local agencies, under 
such cases as Rogers v. Superior Court (City of Burbank) (1993) 19 Cal App. 4th 469.

In closing, the Los Angeles Community College District will not be 
disclosing the Chancellor’s appointment/meeting calendars.

Of course you can reach me here at this email address, 
or the at the phone number below with any questions or concerns.

Yours Very Truly,


Jeffrey A Greenman, Paralegal
Office of General Counsel
Los Angeles Community College District
(213) 891-2188
The information contained herein is protected by the privileges
for attorney-client communications and/or attorney work-product 
and is not to be shared with other persons

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