KWH PUBLIC RECORDS REQUESTS
28 Public Records Requests
DATE: DECEMBER 11, 2003- LMUD-Due 12/21/03
REQ: Request for copies of checks: 39868, 39874, 39875, 39877, 39899, 39901, 39915, 39930, 39934, 39964 and all supporting documents, invoices or statements to support payment.
Current: Complete 12/18/03
DATE: DECEMBER 9, 2003- LMUD-Due 12/19/03
REQ: Request to view LMUD meeting tapes (9/4/03, 11/6/03, 12/4/03)
12/18/03: LMUD claims meeting tapes are security tapes. Brown Act 54953.5 (b) states that if the public meeting was taped for "whatever reason" the public has the right to view the video or audio tapes.
Current: Non compliance
DATE: DECEMBER 8, 2003- LMUD-Due 12/18/03
REQ: A copy of Resolution 2003-07 omitted from the LMUD Board Packet. A copy of the LMUD "Board Member Statement of Meetings" for 2001. DE-6 forms for 2001. LMUD "Board Member Statement of Meetings" for October- November 2003. Copies of Frank Cady's invoices from September 2003 to December 2003. Copies of the monthly retainer letter from Frank Cady from January 2001 to December 2003.
12/18/03: copies of Frank Cady's monthly Retainer Letters($6,000 per month) 2001 and 2002 missing
KWH received 38 pages not requested (Cady partial invoices 2001 and 2002) . KWH requested and received partial copies of invoices for 2001-2002) with the July 11, 2003 PRA request. These duplicate documents will be returned for credit ($9.50) .
12/24/03: LMUD sends letter stating that whatever they send, regardless of whether the documents were requested or not, the public has to pay. LMUD states that you cannot return documents that you did not request. ??????
12/24/03: KWH sends a letter that demands the documents requested. Frank Cady bills LMUD separately for his retainer. This retainer never was reduced when LMUD went to one meeting a month. Frank Cady is in breach of his LMUD contract.
Current: Deliberate LMUD delays, Non compliance
DATE: DECEMBER 4, 2003- LMUD-Due 12/14/03
REQ: Copies of LMUD resolutions 90-02, 96-03, 97.07
Current: Complete 12/6/03
DATE: DECEMBER 2, 2003- CTY CLERK-Due 12/12/03
REQ: The number of registered voters in Wards 1,4,5 for 2002,2000, 1996,1992,1988. The number of registered voters in Wards 2,3 for 2002, 1998, 1994, 1990, 1988. The number of votes cast in LMUD Wards 1,4,5 for 2002, 2000, 1996, 1992, 1988. The number of votes cast in LMUD Wards 2,3 for 2002, 1998, 1994, 1990, 1988. The number of registered voters in Supervisors Districts 1-5 from 1988-2002.
12/13/03: County Clerk requested prepayment.
12/17/03: Received documents by certified mail.
DATE: NOVEMBER 20, 2003- LMUD-Due 11/30/03
REQ: Copy of all invoices from Lucini/Parish Insurance Company from January 2000 to November 20, 2003. This would include any and all companies that Jim Hay has billed LMUD for insurance, if the name of the company has been different over the past three years.
12/3/03: LMUD sent documents requested after non-compliance letter was faxed to LMUD.
Current: Notice of Non-Compliance set 12/1/03
DATE: NOVEMBER 13, 2003- LMUD-Due 11/23/03
REQ: Copy of $1,250,000 check received by LMUD from PSREC for Federal Prison.
11/21/03: LMUD states that there are NO DOCUMENTS responsive to this request. See link for evidence that LMUD received the $1.25 mil.
Current: LMUD states no check exists. link:
DATE: NOVEMBER 7, 2003- LMUD-Due 11/17/03
REQ: Board Statement of meeting reports for Gianotti, Parker, Templeton, Wood from January-March 2002. Personal Expense reports for same people and period. Documents for transfer of customers to PSREC.
Current: Complete 11/14/03- Non-responsive to transfer documents.
DATE: NOVEMBER 4, 2003- LMUD-Due 11/14/03
REQ: Copy of LMUD check to Darrell Wood for room expense reimbursement for Washington D.C. trip (January 26-30, 2002) , copy of LMUD Credit card (U.S. Bank-Visa) record showing airline tickets issued to Darrell Wood for $438.95
Current: Complete 11/11/03
DATE: OCTOBER 30, 2003- LMUD-Due 11/9/03
REQ: Copy of G/L accounts 181.100, 189.000, 217.000,221.00,221.200 and 143.020 for the period from January 1, 2000 to November 1, 2003
Current: Complete 11/6/03
DATE: OCTOBER 29, 2003- LMUD-Due 11/8/03
REQ: Copy of May 8, 2002 LMUD minutes, 2002 first quarter DE-6,941, 2002,second quarter DE-6, 2002, third quarter DE-6, and the "Personal Expense reports for all LMUD Board Members from March 2002-September 2003.
11/6/03: Page 6 of 6 was missing from the second quarter DE-6, 2002 report. Requested missing page.
11/14/03: LMUD sends page 6.
Current: Complete 11/14/03
DATE: OCTOBER 20, 2003- LMUD-Due 10/30/03
REQ: Copies of the following:
1 A copy of the application for the CPUC to adjust the service territory of LMUD to transfer the Sierra Army Depot, Fort Sage Unified School District, Federal Bureau of Prisons (Herlong) and the Herlong retail customers to the Plumas-Sierra Electrict "Cooperative".
2. Copies of all environmental and regluatory approvals to transfer the above LMUD service areas to the "Cooperative".
3. Copy of the WAPA approval to the transfer of the above LMUD service areas to the "Cooperative".
4. Copy of the FERC approval of the transfer of the above LMUD service areas to the "Cooperative".
5. Copy of the opinion of the "nationally-recognized bond counsel with regards to bonded indebtedness and bond indentures, contracts , resolutions or similar obligations in regards to the transfer of service territory from LMUD to the "Cooperative".
6. Copy of proof of revenue from the Sierra Army Depot, Fort Sage Unified School District, Federal Prison, Herlong and all Herlong LMUD service area customers, from July 25, 2001-October 1, 2003.
11/5/03: LMUD claims they never received the PRA.
11/7/03: LMUD claims there are no records.
Current: Non-compliance: no documents
DATE: OCTOBER 20, 2003- Lafco-Due 10/30/03
REQ: Copy of letter from the Fair Political Practice Commission to John Benoit in regards to the possible conflict of interest of an act by John S. Kenny (employment by LMUD while representing LAFCO on LMUD issues)
Current: Complete 10/28/03
DATE: OCTOBER 20, 2003- Lafco-Due 10/30/03
REQ: Copies of invoices submitted to LAFCO by John S. Kenny and all checks LAFCO has issued to John Kenny from October 1, 2002-October 1, 2003
Current: Complete 10/28/03
DATE: OCTOBER 15, 2003- LMUD-Due 10/25/03
REQ: Copies of 2003, Third Quarter 941 and DE-6 reports.
10/23/03: LMUD General Manager writes and says that the reports have not been filed and they will be ready after 10/31/03. LMUD states that the PRA must be filed again after 10/31/03.
10/23/03: KWH tells LMUD that they must honor this PRA request and send the documents on 10/31/03.
10/24/03: LMUD sends the documents
Current: Complete -10/24/03
DATE: OCTOBER 14, 2003- LMUD-Due 10/24/03
REQ: Copies of legal contracts: Spiegel & McDiarmid, Cohn, Khoury, Madoff & Whitesell, Moss & Enochian, McDonough, Holland & Allen
Copies of Langston and Nagel LMUD expenses Jan 1, 2003 to October 1, 2003
Copies of "Board Statement of Meetings" for August and September, 2003.
10/16/03 LMUD legal counsel responds that KWH can not have LMUD paychecks from Jan-Feb because this is a duplicate request on 6/5/03. LMUD legal counsel has lost his mind.
Current: Complete , 10/24/03
DATE: OCTOBER 13, 2003- LMUD-Due 10/23/03
REQ: Copies of Frank Cady's "Time & Task Detail" for Jan/03 and Feb/03.
10/24/03: KWH sends letter of non-compliance to LMUD
DATE: SEPTEMBER 25, 2003- LMUD-Due 10/8/03
REQ: Copy of the "Service Territory Investment and Stabilization Agreement" between PSREC and LMUD. Executed May 8, 2002.
Current: Complete , 10/1/03
DATE: SEPTEMBER 18, 2003- LMUD-Due 9/28/03
REQ: Copies of the following: "History of Vendor 1977, from January1, 2003 to September 18, 2003. Copies of supporting documents submitted for payment (invoices, billings) for this vendor for the same period.
9/24/03: LMUD asks for $3.50 deposit, in advance, before documents can be sent.
Current Status: Complete , 09/25/03
DATE: SEPTEMBER 3, 2003- LMUD-Due 9/13/03
REQ: Copies of the following: "Copies of the "history" of each of the LMUD Board Members expenses from March 1, 2002 to August 31,2003.
9/9/03: LMUD delays request due to additional clarification of request
9/17/03: KWH responds to LMUD's "unnecessary delays"
9/23/03: LMUD delays document request, demands deposit of $ .50
9/23/03: KWH sends Non-compliance letter, intentional delays.
9/25/03: LMUD general manager sends letter, justifies delays, no documents
9/26/03: LMUD deliberately sends wrong documents. LMUD sends same documents as August 27, 2003. Fails to send each Board Members expense history.
10/24/03: LMUD sends Wayne Langstons and Fred Nagels "personal expense reports" for January 1, 2003-October 1, 2003.
10/28/03: Cady sends letter asking for clarification of PRA? Documents were sent four days ago?
Current Status: Non-compliance, sent duplicates of 8/27/03, only two reports were sent.
DATE: AUGUST 27, 2003- LMUD-Due 9/6/03
REQ: Copies of the following:
HISTORY OF G/L 920.056 from March 1, 2002- August 27, 2003
HISTORY OF G/L 920.068 from March 1, 2002-August 27, 2003
HISTORY OF G/L 922.015 from March 1, 2002-August 27, 2003
HISTORY OF Vendor #565 from July 1, 2002 to August 27, 2003
Current Status: Complete, 9/4/03
DATE: AUGUST 14, 2003- County Clerk-Due 8/24/03
REQ: Copies of the following: How many of the 12,274 registered voters are LMUD ratepayers.
8/25/03- Non-compliance letter to County Clerk
8/27/03-Non-compliance letter sent to Board of Supervisors, Cty Counsel
8/28/03-County Clerk complies with PRA
Current Status: Complete, 8/28/03
DATE: AUGUST 8, 2003- LMUD
REQ: Copies of the following:
G/L account history #352.100 from 6/30/02 to 6/30/03
G/L account history #350.00 from 12/1/00 to 7/31/03
Board Member Statement of Meetings , June/2003 and July/2003
DE-6 reports for first and second quarter of 2003
941 reports for the first and second quarter of 2003
Frank Cady invoices, which include time, task, cost detail, retainer,advances total fees and disbursements for May/2003 and June/2003.
Current Status: Complete , 8/19/03
DATE: JULY 30, 2003- County Clerk/Election Officer
REQ: Copies of documents/records/maps that would clearly indicate and distinguish the precincts that each of the five LMUD Wards are in.
Current Status: Complete, 8/12/03
DATE: JULY 31, 2003- County Clerk/Election Officer
REQ: Number of registered voters for the Lassen Municipal Utility District as of November 1, 2002.
Current Status: Complete
DATE: JULY 11, 2003- LMUD
REQ: Copy of Frank Cady's invoices (time, task and cost detail) from 1997 to 2002
7/15/03: Request denied. Request not made on LMUD PRA form that is currently used. Received denial on July 19, 2003, letter dated 7/15/03
7/21/03: KWH sends letter of non-compliance and resubmits PRA request.
7/31/03: No response from LMUD. Three calls made to LMUD PRA Clerk. No response.
8/1/03: KWH requests District Attorney to intervene under Public Records Act, Section 6264
8/1/03: KWH receives a letter from Frank Cady. Frank Cady decides to release his invoices by August 14, 2003.
8/14/03: Non-compliance letter sent to LMUD. 30 days in non-compliance.
8/18/03: Documents sent 8/14/03. Received 8/18/03. Non-compliance letter sent to LMUD
8/18/03-LMUD sends letter stating that all of Frank Cady's invoices will not be released.
Current Status: Partial documents sent, not complete
DATE: JULY 7, 2003-LMUD-Due 7/17/03
REQ: Copy of LMUD Chart of Accounts as of 7/1/03
7/9/03: Request not made on proper form. KWH falsified form.
KWH did use LMUD form. LMUD delays request due to unreasonable process
7/15/03: KWH sends Twitchell copies of four previous iterations of LMUD's PRA forms.
7/21/03: KWH sends LMUD non-compliance letter. Resubmits 7/7/03 PRA request
7/26/03: LMUD sends new chart of accounts, nine days delayed by LMUD.
Current Status: Complete 7/26/03
DATE: June 23, 2003-LMUD
REQ: Copy of LMUD payroll checks January/2003 & February/2003
7/1/03: Payroll checks for January/2003 and February/2003 totally redacted. Nothing on the checks except black marker pen redacting everything on the copies. LMUD did not claim exemption of all information.
7/9/03: KWH met with Twitchell and showed her hundreds of payroll checks that have been sent with only addresses and social security numbers redacted.
Twitchell, under the advice from counsel said that we are not entitled to copies of the payroll checks. In that case, LMUD should have simply claimed exemption instead of sending useless copies and charging the public for them.
Public Records Act, 6254.5
"Notwithstanding any other provisions of the law, whenever a state or local agency discloses a public record which is otherwise exempt from this chapter, to any member of the public, this disclosure shall constitute a waiver of the exemptions specified in Sections 6254, 6254.7, or other similar provisions of law."
7/21/03: NON COMPLIANCE No response from LMUD. Documents remain disclosable.
8/20/03- Documents sent back to LMUD. Condition of documents not representative of past documents received. KWH asks for refund.
Current Status: No representative documents to date
DATE: June 5, 2003-LMUD
REQ: Copies of payroll checks for January 2003 and February 2003, Expense reimbursement checks for January 2003 and February 2003, Cady & Pardee invoices and supporting documents for January-March 2003, Coral Energy Contract, General Manager's contract, Jaimee Richey's contract.
7/19/03: Complete, No LMUD contract for Jaimiee Richey.