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Sunday, March 11, 2018

SUNSHINE LAW NOTICE OF DEMAND ON JON FERNANDEZ FOR INSPECTION OF PUBLIC RECORDS


22 Baki Ct., Yigo, GU 96929
 (671) 653-6607
March 12, 2018
Re: SUNSHINE LAW NOTICE OF INSPECTION OF DOCUMENTS ON MARCH 13.
Dear Superintendent Fernandez:
While a citizen could stand on his right to require immediate inspection of public records, as a courtesy to you I have given you the time and date of the inspection .

Pursuant to 5 GCA § 101031 this letter will serve as notice of an impending inspection[1][2][3] of public records at your office on March 13 at 4: 30 PM. At that time I will inspect the following: Notices of Personnel Actions[4] or other public records showing an annual salary of $100,000.00 or more for all  employees[5] who are NOT assigned to a school.
1.    Notices of Personnel Actions or other public records created during the current fiscal year that provide salary increases for all employees who are NOT assigned to a school and receive an annual salary of $100,000.00 or more.
2.    Announcements, letters, or any other communication directed to teachers describing your responsibility pursuant to § 20[6] of the Every Child Is Entitled To An Adequate Public Education Act.
3.    Announcements, letters, or any other communication directed to teachers describing your power to commence enforcement action[7] pursuant to the last paragraph of § 11311 (d) of 7 GCA. [§ 15 of the Every Child Act]
4.     Announcements, letters, news releases, memoranda or any other communication describing how you will require compliance with § 22 of the Every Child Act which reads:Section 22. Construction with Other Laws. A new 53210 is hereby 2 added to 17 GCA to read:  "§ 3210. Construction with Other Laws. Insofar as the provisions  of the Every Child is Entitled to an Adequate Public Education Act are inconsistent with the provisions of any other law, the provisions of this  Act shall be controlling; and in particular but not by way of limitation,  except as may be provided in this Act, no provision of any law shall be  applicable to the government of Guam with respect to the provisions of  the Every Child is Entitled to an Adequate Public Education Act unless I  Liheslatura (the Legislature) shall specifically so state." [17 GCA § 3120]
5.Announcements, letters, news releases, memoranda or any other communication describing how you will require compliance with the Every Child Act.

Respectfully submitted,

Original signed by Robert Klitzkie
Robert Klitzkie




[1] 5 GCA § 10103. Right of Inspection of Public Documents. (a) Every person has the right to inspect and take a copy of any public document on Guam, except as otherwise expressly prohibited in law, and except as provided in § 10108 of this
(b) Public records are open to inspection at all times during the office hours of the agency and every person has a right to inspect any public record, except as hereafter provided. Any segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law.
[2] All emphasis is added for easy reading.
[3] § 10105. Efficient Disclosure of Records. (a) To ensure expedient disclosure of records by an agency, the Director of an agency shall require all personnel in charge of receiving any incoming mail, electronic mail, faxed documents or other communications to immediately notify the Director or his designee upon receipt of a request for records under this Chapter.
(b) Upon receipt of a request for records under this Chapter, the Director of an agency or his designee shall immediately assign the request to be fulfilled or responded to by an employee of the agency.
(c) Each agency shall organize paper and computer files so that documents can be retrieved and copied quickly for expedient disclosure of records under this Chapter.
[4]5 GCA § 10103(d) which reads in pertinent part:
“…if the records being requested partially contain information exempted from disclosure by this Chapter or by another law, the agency shall redact the exempt information only and release the nonexempt information in the records, citing the exemptions in law that require the information to be redacted. If the records in whole contain information not disclosable by this Chapter or another law, and contain no information that can be released,
[5] Ҥ 10108. Limitation on Right of Inspection.
***All information regarding salary, and the name, and worksite mailing address of each employee and public official shall be public record.”
[6] “Section 20. Duties of the Superintendent. 17 GCA §3103(j) is hereby amended to read: "(j) to perform other duties as may be required by public law to provide an adequate public educational system.” [17 GCA § 3103(j)]
[7] “Section 15. Limitation of Actions. § 11311 of 7 GCA is hereby  amended to read: "§11311.***The lack of funding or failure to release allotments shall not constitute a defense to claims under this Section unless the named respondent, before commencement of the claim under this Section, files an action to release such funding against the responsible party withholding such funds or allotments."


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