BOARD OF EDUCATION Nancy G. O?Kelley President Dina Walker Vice President Joseph W. Martinez Clerk Joseph Ayala Member v' l-i?r-I- Edgar Hontes Member SUPERINTENDENT Cuauht?moc Avila, Superintendent PERSONNEL SERVICES Rhea McIver Gibbs, Lead Personnel Agent Rhonda Kramer Lead Personnel Agent Tel: (909) 820-7700 Extension 2400 Fax: (909) 873-9375 RIALTO UNIFIED SCHOOL DISTRICT BRIDGING FUTURES THROUGH INNUVA HON July 16, 2020 VIA FIRST CLASS MAIL Cassandra Garcia 2069 San Bernardino Ave Apt. 1120 Rialto, CA 92324 Re: Public Records Request Dear Ms. Garcia: This ?rm represents the Rialto Uni?ed School District in regards to your request for the disclosure of records under the California Public Records Act dated June 10, 2020. This will serve as the District?s determination on your request, pursuant to Government Code section 6253. Note that due to the need to search for, collect and appropriately examine a voluminous amount of separate and distinct records, the need to search for and collect records from separate of?ces within the District, and/or the need to compile data or construction a computer report to extract data, the District has invoked the 14-day statutory extension allowed to it under Government code section 6253(c). Your request reads in pertinent part: Pursuant to the state open records law Cal. Gov?t Code Secs. 6250 to 6277, I write to request access and a copy of records that prove there are master schedule issues, including any budget, staf?ng, and/or student enrollment documents that have to do with the closing of Rialto High School?s journalism course. If your agency does not maintain these public records, please let me know who does and include the proper custodian?s name and address. Your records request for ?records that prove there are master schedule issues, including any budget, staf?ng, and/or student enrollment documents that have to do with the closing of Rialto High School?s journalism course? is impermissiny vague, ambiguous, and lacking in suf?cient clarity to allow the District a reasonable opportunity to identify discrete records in its possession, custody or control that are responsive to the requests. The District further responds to your request as more speci?cally set forth below: Rialto Uni?ed School District 182 E. Walnut Avenue Rialto, CA 92376 tel: (909) 820-7700 ext. 2400 fax: (909) 873-9376 Cassandra Garcia July 16, 2020 Page 2 1. Budget; The District objects to this request to the extent that the records requested may contain information which, if disclosed, would expose the Board?s decision-making process in a way that would discourage candid discussion between Board members, and thereby undermine the Board?s ability to perform its duties. The records are exempt from disclosure pursuant to the deliberative process privilege under the balancing test provided by Government Code sections 6254(k) and 6255. Furthermore, this request is overbroad and burdensome as it does not establish a timeframe limiting the request. Notwithstanding and without waiving the above objections, the District has interpreted your request to mean the budgets adopted by the District in the years prior to and including the year Rialto High School cancelled its journalism class. Pursuant to Government Code section 6253(f), the District may direct a CPRA requester to an Internet site where a public record is posted. The District?s adopted budget and other budget documents, related to Fiscal Years 2007-2008 through 2020-2021 inclusive may be accessed at: A video of the mandatory public hearing wherein the District?s 2020-2021 budget is discussed may also be accessed at 2. Staf?ng; The District objects to this request as the records requested may contain information which, if disclosed, would expose the Board?s decision-making process in a way that would discourage candid discussion and thereby undermine its ability to perform its functions. The records are exempt from disclosure pursuant to the deliberative process privilege under the balancing test provided by Government Code sections 6254(k) and 6255. Moreover, Government Code section 6254, subdivision provides that ?personnel, medical, or similar ?les, the disclosure of which would constitute an unwarranted invasion of personal privacy? are exempt from mandatory disclosure. The personnel records exemption is based upon the ?signi?cant privacy interest? of a public employee in his or her personnel ?le. (Marker: v. Santa Monica-Malibu Uni?ed SchooZ District (2012) 202 Cal.App.4th 1250, 1271.) A public employee, ?like any other citizen, is born with a constitutional right of privacy. A citizen cannot be said to have waived that right in return for the ?privilege? of public employment, or any other public bene?t unless the government demonstrates a compelling need.? (Long Beach City Employees Assn. v. City of Long Beach (1986) 41 Cal.3d 937, 951?952.) Thus, records reflecting particular staf?ng decisions are exempt from disclosure. Without waiving the above objections, the District has interpreted your request to include information regarding whether District staff are credentialed and able to instruct the journalism course. Typically, information such as an individual?s quali?cations, training, or employment background is ordinarily not exempt from disclosure (California Attorney General?s Of?ce, Summary of the California Public Records Act 2004, page 6, citing Eskaton Monterey Hospital v. Myers (1982) 134 Cal.App.3d 788, 794.) Under the law, an employee who objects to the release of personnel records has a right to seek judicial relief to prevent the disclosure. (Marker: v. Santa Monica?Malibu Unified School District, supra, 202 Cal.App.4th 1250.) Accordingly, the District shall provide notice to affected employees that may wish to prevent disclosure prior to making these records available for your inspection. Rialto Uni?ed School District I 182 E. Walnut Avenue Rialto, CA 92376 tel: (909) 820-7700 ext. 2400 fax: (909) 873-9376 Cassandra Garcia July 16, 2020 Page 3 Due to the on?going pandemic, we anticipate locating and processing the responsive records and giving notice to the affected employees by August 16, 2020. 3. Student enrollment documents Your requests may include records containing con?dential information relating to individually-identi?able pupils, which are not subject to disclosure absent prior written consent pursuant to 20 U.S.C. section 1232g and Education Code section 49076. [See also Powoy Uni?ed School District v. Superior Court (1998) 62 Cal.App.4th 1496, 1506.] Notwithstanding the above, the District attaches a redacted spreadsheet of enrollment data for Rialto High School?s journalism course. Denial of Requests: Be advised that to the extent, if any, that any responsive records contain con?dential pupil or personnel information, the disclosure of which would constitute an unwarranted invasion of personal privacy or violation of state or federal law, or privileged information governed by the attorney-client privilege, attorney work product privilege and/or other applicable statutory privileges, your request for public records is denied pursuant to Government Code section 6254(c) and and any responsive documents will be withheld or redacted as provided by law. Pursuant to Government Code section 6253(d), to the extent any responsive document is withheld as described above, the person responsible for the denial of any of your requests is the District?s Lead Personnel Agent, Rhonda Kramer. Thank you for your patience while we attend to your request. The District is committed to meeting its responsibilities under the CPRA. If you wish to discuss the District?s response to any of your requests, or have any questions or concerns regarding this matter, please contact the undersigned. Best regards, h, "x ea Mc ver ibbs, Lead Personnel Agent Rialto Uni?ed School District Rialto Uni?ed School District I 182 E. Walnut Avenue Rialto, CA 92376 tel: (909) 820-7700 ext. 2400 I fax: (909) 873-9376