Public records search in Butte County

A rundown of local agencies’ responses to CN&R’s record requests

Agency: City of Biggs

Official: Mark Sorensen

Title: City administrator

Status of second request: Pending

Notes: The city clerk said on March 5 that the city administrator told her to say that there were no responsive records for two previous records requests, so a third request was sent on March 6.

Agency: Biggs Unified School District

Official: Doug Kaelin

Title: Superintendent

Status of Second Request: Pending

Notes: The administrative assistant responded to the CN&R’s Feb. 16 records request on Feb. 21: “Biggs Unified contracts through Butte County Office of Education for all technology needs. We have forwarded your records request to them and are waiting for a response and cost to fulfill you (sic) request.” The CN&R sent a follow-up email to the administrative assistant on March 1 and has yet to receive a response.

Agency: Butte County

Official: Shari McCracken

Title: Interim chief administrative officer

Status of second request: Partially complied

Notes: On Feb. 26, the deputy county counsel said that, though the county claimed the records were exempt from disclosure, the interim chief administrative officer “agreed to voluntarily disclose the information requested.”

Agency: Butte County Office of Education

Official: Tim Taylor

Title: Superintendent

Status of second request: Denied

Notes: On March 9, the information technology services director said: “Due to the increase in web traffic over the last year our web filter is unable to retain web filter logs for more than one to two weeks depending on traffic.”

Agency: Butte County Sheriff’s Office

Official: Kory Honea

Title: Sheriff

Status of second request: Pending

Notes: On Feb. 26, the deputy county counsel said that sheriff “agreed to voluntarily disclose the information requested,” but because the records did not show any web activity, the CN&R submitted another request for a different day on March 2.

Agency: Butte-Glenn Community College District

Official: Samia Yaqub

Title: President

Status of second request: Partially complied

Notes: When the executive assistant to the president acknowledged the request by email, she did not state whether there were disclosable public records in the college’s possession. Some records were disclosed on Feb. 12, but none included information on the duration of website visits.

Agency: Caltrans District 3

Official: Amarjeet Benipal

Title: Director

Status of second request: Pending

Notes: On March 5, the public information officer said that “there was no data found per the CPRA search criteria,” so the CN&R submitted another request for a different day. Then the officer said that search for public records “again resulted in no browsing history.” A third request was submitted on March 14 for yet another day in February.

Agency: City of Chico

Official: Mark Orme

Title: City manager

Status of second request: Denied

Notes: On Feb. 28, the deputy city clerk said: “Please be advised the requested records are not retained in the ordinary course of business; thus, the web browsing history, if such exists, is not required to be disclosed under the Public Records Act.”

Agency: Chico State

Official: Gayle Hutchinson

Title: President

Status of Second Request: Denied

Notes: On Feb. 26, the risk manager said web browser history “is protected from disclosure under the deliberative process exemption” and contended “that the disclosure of an official’s web browsing history would constitute an unwarranted invasion of personal privacy.”

Agency: Chico Unified School District

Official: Kelly Staley

Title: Superintendent

Status of second request: Partially complied

Notes: The CN&R sent a records request on March 1, to which the administrative assistant responded on the same day: “Response to be provided within ten (10) days.” Two days later, the records were sent but didn’t include information about the duration of website visits.

Agency: City of Gridley

Official: Paul Eckert

Title: City administrator

Status of second request: Denied

Notes: The IT manager said on March 1 that “the City of Gridley does NOT maintain browsing history of any kind.”

Agency: Gridley Unified School District

Official: Jordan Reeves

Title: Superintendent

Status of second request: Partially complied

Notes: The CN&R sent a records request on Feb. 16, and a follow-up email on Feb. 27. On March 6, the personnel manager said: “We… have six (6) pages available for your review per your request for the web browsing history,” but “the report we were able to retrieve does not have any activity reported on it.”

Agency: City of Oroville

Official: Donald Rust

Title: City manager

Status of second request: Denied

Notes: The CN&R sent a records request on Feb. 26 and emailed to follow up on March 2 and 5. On March 6, the city attorney said, “The information you requested is not kept in the course of business by the City of Oroville. Accordingly, the City has no records in its possession, custody or control that are responsive to your request.”

Agency: Oroville City Elementary School District

Official: Penny Chennell-Carter

Title: Superintendent

Status of second request: Complied

Notes: The assistant superintendent said on March 2, regarding a request that was submitted on Feb. 16: “Sorry for the delay. We are still reviewing this request and will get it out to you as soon as possible.” Then on March 7—19 calendar days after CN&R submitted the request—he emailed a copy of the requested browser history.

Agency: Town of Paradise

Official: Lauren Gill

Title: Town manager

Status of second request: Denied

Notes: On March 1, the town clerk cited the deliberative process exemption, saying “such browsing histories concerning Town business are used to research subjects directly related to the Town Manager’s mental processes before making official decisions concerning Town business.” And the clerk argued that “the request does not identify a specific subject matter” and “browsing histories are notes that are not retained in the ordinary course of business.”

Agency: Paradise Unified School District

Official: Michelle John

Title: Superintendent

Status of second request: Partially complied

Notes: The superintendent may have committed an “illegal” act by demanding to confirm proof of the requester’s employment prior to releasing the records, an open records attorney said. Some records were released, but they didn’t include information on the duration of website visits.

—Gabriel Sandoval