Thursday, October 16, 2008

Bray and LA Impact

September 8, 2008
Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force ("LA Impact")
5700 S. Eastern Ave.
Commerce, CA 90040

Sir or Ma’am:

I would like to receive agendas and minutes for the meetings of the L.A. Impact Board of Directors. Please add me to your Brown Act notice list. This is my second request, following my letter of July 14 of this year. Perhaps your response to my earlier request was misdirected, but it has not reached me.

Also, I want to be able to review the agendas and minutes of the L.A. Impact Board of Directors at the sites where they are regularly posted. Please provide me with a list of those sites.

Finally, I plan to review minutes for previous meetings of the L.A. Impact Board of Directors. Please identify the custodian of those records, and let me know how and where I may review them.

Thank You

Chris Bray

Cc: Richard McKee

Richard M. Kreisler, Liebert Cassidy Whitmore

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Dear Mr. Bray:


This letter being sent to you via email as a courtesy and U.S. Mail will confirm our receipt of your correspondence, dated September 8, 2008, in which you requested the following items:

1) "[T]o receive agendas and minutes for the meetings of the L.A. Impact Board of Directors", and accordingly to be added "to your Brown Act notice list."

2) "[T]o be able to review the agendas and minutes of the L.A. Impact Board of Directors at the sites where they are regularly posted", and accordingly to be provided "with a list of those sites."

3) "[T]o review minutes for previous meetings of the L.A. Impact Board of Directors", and accordingly to know the identity of "the custodian of records" and "how and where I may review them."

Here is our response to each of your above requests:

1) A copy of the upcoming Agenda for the October 16, 2008 LA Impact Board of Director's meeting has been mailed to you. Pursuant to Government Code section 54954.1 LA Impact has established a fee of $2.50 for mailing the agenda. Please forward payment for this mailing immediately to our Los Angeles office upon your receipt. Please be advised that in the future, we will require payment of this fee in advance of mailing you the agenda.

As for your request for a copy of the minutes to be sent to you, there is no such requirement within the Brown Act and thus we cannot comply with your request. Please see our response to your request No. 3, as you may view the minutes at the site at which they are normally maintained.

As for your request to be added "to your Brown Act notice list", there is no requirement of the same within the Brown Act and thus we cannot comply with your request.

2) The agenda for the next LA Impact Board of Director's meeting is posted at 12545 Florence Avenue, Santa Fe Springs, CA. Therefore, you may view the agenda at that location up to 72 hours before the regularly scheduled meeting.

As for your request regarding where the minutes are "posted", there is no such requirement within the Brown Act and thus we cannot comply with your request. Please see our response to your request No. 3, as you may view the minutes at the site at which they are normally maintained.

3) The minutes are maintained by LA Impact at their headquarters in Commerce. You will only be allowed access to view the minutes from "Open Sessions" of the Board, as closed sessions do not constitute public records. Should you still desire to view the minutes from prior Open Session, please provide me with a few alternate dates and times you are available to view the minutes so that we can make arrangements for you to do so, as LA Impact is a secure building and we will need to arrange for you to have access. In addition, please be advised that should you desire to photocopy any of the minutes, you will be asked to pay in advance a rate of $ .35 per/copy.

Should you have any additional requests or inquiries, please direct them to me as counsel for LA Impact.

Christy L. O'Donnell, Esq.
Manning & Marder, Kass, Ellrod, Ramirez, LLP
15th Floor at 801 Tower
801 S. Figueroa Street
Los Angeles, CA 90017
(213) 624-6900
(213) 624-6900 fax
clo@mmker.com

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Dear Ms. O'Donnell,

Thanks for your prompt reply to my request. I had hoped that LA Impact minutes and agendas were created and stored as Word files, or something similar, and could be emailed as attachments with very little cost or hassle to your client. But I would be happy to spend time in the LA Impact office instead, even if it is a substantial time commitment for us all. If I'll be required to travel to the office to read minutes every time there's a meeting of the Board of Directors, perhaps we can come up with a regular appointment time for those frequent visits. In the meantime, I'd like to schedule any morning next week after nine a.m. to review the requested minutes. I plan to read them carefully and methodically, so I may need to visit the LA Impact office quite a few times in the coming days.

Thank you for your kind assistance.

Chris Bray

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