Request #16-26
  Closed

This is a formal request to obtain access to records held by the Port of Oakland for the purpose of inspecting and copying, pursuant to the California Public Records Act, Government Code Section 6250 et sq. as well as section 12483 of the Oakland Municipal Code, commonly referred to as the Oakland Sunshine Ordinance.

 

We are requesting:

 

·      A full accounting of all (import/export/domestic) coal product shipments and storage through and in the Port of Oakland from Jan 1, 2000 to date of the fulfillment of this request. This accounting should include but not be restricted to volume, type, revenue, expense, health, environment, destination, origin, studies, reports, memorandum, electronic and hard copy communication and memorandum. These records should include but not be restricted to letters, emails, phone calls, faxes and any other type of communiqués such as hard copy correspondence, anything delivered by the U.S.P.S., Federal Express, UPS, DHL, and the like; all electronic communication such as Twitter, SMS, Telegram, Snapchat & WhatsApp, summations and logs of live conversations either by telephone, video conferencing or in person.

 

The definitions of coal products should include but not be restricted to coal products such as anthracite coal, bituminous coal, coal nesoi, lignite, coke and retort carbon.

 

·      Any photographic representations of the coal shipments at the Port of Oakland and its facilities. Photography should include video and stills. Facilities should include but not be restricted to all Port properties, transport and land, such as rails, berths, warehouses, transfer points, trains, ships, trucks, real estate and the like.

 

·      All studies, statistics, memorandum, electronic and hard copies of any and all documentation of future potential coal shipments through the Port of Oakland.

 

If you have reason to believe these records are exempt from disclosure by express provisions of the law, Government Code Section 6257 and provisions of the Oakland Municipal Code requires segregation and deletion of that material in order that the remainder of the information may be released.

 

Moreover, if you have grounds clearly demonstrating an express provision of law exists to exempt from disclosure all or a portion of the material requested, Government Code Section 6256 and the Oakland Municipal Code also requires you to notify us of the reasons for the determination not later than 10 days from your receipt of this request.

 

Understanding the scope and depth of this action, we are, for the time being, foregoing filing this as an immediate disclosure request. As you know, state and municipal laws explicitly require responding agencies to take no longer than 10 days to fulfill public information requests, not wait 10 business days to do so.

 

Finally, if you plan to charge us for any expense incurred in complying with this request of significant interest, moment and potential consequence to the citizenry that created and owns the instruments of government, please notify us in advance.

 

 

 


Received

June 24, 2016 via web


Due

August 19, 2016


Departments

Maritime


Requester

Roland De Wolk

Documents

Public

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Staff

Point of Contact

Eugene Park

Request Published Public
September 8, 2016, 4:33pm
Request Closed   Hide Public

Dear Roland,

 

We have released all of the requested documents.  We have withheld correspondence that are protected by the attorney-client privilege (Gov. Code § 6254(k); Evid. Code §§ 954-955) and documents containing maritime data that is only available through a paid subscription service that prohibits disclosure to non-subscribers (Gov. Code § 6254(k).)  As we discussed previously, the Port does not possess any photos or videos of coal shipments.  The last occasion during which the Port considered shipping coal through its property pertained to a proposal for Howard Terminal, which the Port rejected in 2014 and which documents were disclosed in Request #16-16.

 

Request for Cure & Correction: We hope this response is satisfactory to you.  If you believe the Port has failed to comply with the Public Records Act, you may submit a written Request for Cure and Correction to the Secretary of the Board.  This Request must be filed within 90 days of the alleged noncompliance.  The Office of the Port Attorney will investigate all Requests and respond within 30 days.  For further information, please refer to the "Frequently Asked Questions" section on the Port's Public Records webpage.

August 12, 2016, 3:52pm
Document(s) Released Public
2016-08-26 Letter from Coal Free Oakland.pdf
August 12, 2016, 3:50pm
Document(s) Released Public
2016-08-09 Exports of lignite through Oakland (Ctrl 3090).pdf
August 12, 2016, 3:50pm
Document(s) Released Public
2016-06-24 Public Records Request re HS 27 data.pdf
August 12, 2016, 3:50pm
Document(s) Released Public
2016-06-23 UPRR & BNSF Responses - Historical Movement of Bulk Coal.pdf
August 12, 2016, 3:50pm
Document(s) Released Public
2016-06-21 Source of Census Data.pdf
August 12, 2016, 3:50pm
Document(s) Released Public
2016-06-20 Port and coal.pdf
August 12, 2016, 3:50pm
Document(s) Released Public
2016-06-20 Oakland Port Coal and Explosive Import Export.pdf
August 12, 2016, 3:50pm
Document(s) Released Public
2016-06-20 Coal Data Validation.pdf
August 12, 2016, 3:50pm
Document(s) Released Public
2016-05-23 Coal etc going through Port of Oakland.pdf
August 12, 2016, 3:50pm
Document(s) Released Public
2015-04-30 COAL IN OAKLAND.pdf
August 12, 2016, 3:50pm
Due Date Changed   Details Public
Due date changed from 07/29/2016 to 08/19/2016. Hi Roland - extending the due date as we continue the search. Please feel free to contact me (Eugene Park) to discuss next steps. We have some hard copy files you can review on-site and some other items I can discuss with you to determine next steps whenever you have a chance.
August 2, 2016, 5:06pm
Due Date Changed   Details Public
Due date changed from 07/19/2016 to 07/29/2016. Dear Roland - we've gathered potentially responsive documents but will need a bit more time to review. Will respond as soon as we're able. Thank you again for your patience.
July 20, 2016, 11:13am
Document(s) Released Public
2016-06-27 Port Letter to Asst. City Admin re No Bulk Coal Shipped.pdf
July 7, 2016, 4:28pm
Due Date Changed Public
Due date changed from 07/05/2016 to 07/19/2016. Dear Roland: We're making good progress gathering documents but will need some more time. Will contact you this week regarding next steps. Thanks.
July 5, 2016, 4:51pm
Department Assignment Public
Maritime
June 24, 2016, 9:16am
Request Opened Public
Request received via web
June 24, 2016, 9:14am