HomeMy WebLinkAboutPRR21008 RESPONSE Mobley - requested clarification
Christian, Kevin
From:Christian, Kevin
Sent:Tuesday, February 23, 2021 4:19 PM
To:Amanda Mobley
Cc:CityClerk; City_Attorney
Subject:RE: Records Request RESPONSE: PRR21008 Mobley - Harmon SM messages 12-2020
Attachments:PRR21008 Mobley - Harmon SM messages 12-2020.pdf
In your note you have requested clarification on a couple of points (highlighted). Please see the following:
Clarification Pt. 1: Are you saying there are no direct messages that exist, that contain evidence of official
agency business (in response to her posts in which she utilizes her mayor signature - making it official
business), or document a controversial issue (leaving or breaking from social media to circumvent
transparency and engaging in public discourse), or document any covid related information?
Records do not become public records solely by virtue of being used on an account on which the
Mayor accurately conveys her current elected position. Moreover, there is no such blanket rule that
documenting any controversial issue or simply posting generally about a public health crisis (COVID-19)
automatically makes a document a public record; the determinative factor is whether the document reflects or is
used to conduct official city business. The mayor has been advised that any potentially responsive records of
city business residing on her private accounts needed to be produced; she indicated that she searched her social
media accounts for the type of messages requested prior to leaving social media and there were no responsive
records containing agency business that would constitute a public record. It is important to note in this context
that we do not have a strong Mayor form of government in San Luis Obispo and, therefore, the Mayor does not
have any sole or unilateral authority to act on behalf of the City without the majority direction or consent of the
council as a whole. It is also important to note that any activities of the Mayor related to campaign activities or
promotion cannot, by legal prohibition, be conducted using city resources and, therefore, cannot be public
business, the records of which can be legally compelled by the city.
Clarification Pt. 2: Does this also include her email (heidiismighty@gmail.com), since she utilized that
account on her Mayor Instagram platform?
If you are asking whether the Mayor’s email “heidiismighty@gmail.com" was searched for responsive records,
then the answer is no. Your request asked for “all direct and/or private messages from the last month”
pertaining to Mayor Harmon’s Facebook and Instagram (request attached). Thus, the Mayor’s Facebook and
Instagram were searched and not her personal email account.
Kevin Christian
Deputy City Clerk
City Administration
City Clerk's Office
990 Palm Street, San Luis Obispo, CA 93401-3218
E kchristi@slocity.org
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T 805.781.7104
slocity.org
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For updates on COVID-19 and how to access City services during COVID, visit slocity.org/covid19
From: Amanda Mobley <amobley18@yahoo.com>
Sent: Wednesday, February 17, 2021 8:11 AM
To: Christian, Kevin <kchristi@slocity.org>
Cc: CityClerk <CityClerk@slocity.org>; City_Attorney <City_Attorney@slocity.org>
Subject: Re: Records Request RESPONSE: PRR21008 Mobley - Harmon SM messages 12-2020
Good morning-
Are you saying there are no direct messages that exist, that contain evidence of official agency business (in response to
her posts in which she utilizes her mayor signature - making it official business), or document a controversial issue
(leaving or breaking from social media to circumvent transparency and engaging in public discourse), or document any
covid related information?
Does this also include her email (heidiismighty@gmail.com), since she utilized that account on her mayor Instagram
platform?
Thanks for clarifying,
Amanda
Sent from my iPhone
On Feb 12, 2021, at 5:21 PM, Christian, Kevin <kchristi@slocity.org> wrote:
Amanda Mobley,
The request for “all of the direct and private messages” from the referenced accounts is
overbroad in light of the fact that only records of public business conducted on private accounts
are subject to production in response to a public records request; in other words, otherwise
private communications unrelated to city business do not become public because a public
official has also utilized private accounts to convey public information. Thus, to the extent that
your request encompasses private communications not related to public business, your request
is denied. The Mayor has searched the referenced accounts as of the date of your requests
and has conveyed that she does not have any responsive documents.
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Kevin Christian
Deputy City Clerk
<image001.png>
City Administration
City Clerk's Office
990 Palm Street, San Luis Obispo, CA 93401-3218
E kchristi@slocity.org
T 805.781.7104
slocity.org
<image002.png>
<image003.png>
<image004.png>
Stay connected with the City by signing up for e-notifications
For updates on COVID-19 and how to access City services during COVID, visit
slocity.org/covid19
<PRR21008 Mobley - Harmon SM messages 12-2020.pdf>
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