Maria,
You said, " I left a message on your telephone trying to return your call. Please be informed that the Commission has reviewed your last request, and is on the current meeting agenda."
So first of all I ask for the public records showing compliance with the Sunshine Law for the meeting at which my "last request" was considered. You have until COB September 5.
Furthermore, I have set out below the Sunshine Law request that Commission apparently reviewed. You stonewalled the request which was due on August 24 which was straightforward and prompted by your ruling (i.e. yours and not the Commission's) on my request to reopen. No provision of the Sunshine Law allows a director to stonewall a Sunshine Law request and then fob off the request to a Commission which has no role in the Sunshine Law process, especially when the "fobbing off" apparently occurred at an illegal meeting.
Pls comply with my Sunshine Law request as set out infra and the Sunshine Law request set out supra.
Bob
_______________________________________________________________________________
[My Sunshine Law request]
You said, " I left a message on your telephone trying to return your call. Please be informed that the Commission has reviewed your last request, and is on the current meeting agenda."
So first of all I ask for the public records showing compliance with the Sunshine Law for the meeting at which my "last request" was considered. You have until COB September 5.
Furthermore, I have set out below the Sunshine Law request that Commission apparently reviewed. You stonewalled the request which was due on August 24 which was straightforward and prompted by your ruling (i.e. yours and not the Commission's) on my request to reopen. No provision of the Sunshine Law allows a director to stonewall a Sunshine Law request and then fob off the request to a Commission which has no role in the Sunshine Law process, especially when the "fobbing off" apparently occurred at an illegal meeting.
Pls comply with my Sunshine Law request as set out infra and the Sunshine Law request set out supra.
Bob
_______________________________________________________________________________
[My Sunshine Law request]
Maria,
Pls provide NLT COB August 24 public records showing the following:
- That the Commissioners delegated their authority to you to respond to my petition.
- Roll calls or other tabulations of votes of the Commissioners related to 1. supra.
- That the Commissioners assessed and analyzed the entirety of the allegations in my Complaint.
- That your ruling on my Demand to Reopen is not ultra vires your authority.
- Commission rules that would allow you to rule on complaints to the Commission.
- The evidence that was collected upon which the analysis referenced in your decision was made.
- Citations to 3 GCA § 8206.
- That the Commissioners decided to “stand by this decision.”
- Evidence of compliance with the Open Government Law re 8. supra.
I restate my Sunshine Law demand which is incorporated by reference. Your denial based on 5 GCA § 10108 is not valid. Your statutory reference when constructed reads:
“Except as provided in § 10109 of this Chapter, nothing in this Chapter shall be construed to require disclosure of records that are any of the following:
(b) Records of complaints to, or investigations conducted by, or records of intelligence information, or security procedures or information, of an agency or its personnel.”
This rather inartfully drafted statute can be read to make only complaints about an agency or its employees, i.e. “of an agency or its personnel,” nondisclosable. Since my request does not relate to complaints about the Commission or its personnel, it should be complied with.
Respectfully submitted,
/s/ Robert Klitzkie
Robert Klitzkie
[Your email]
From: Maria I.D. Pangelinan <maria.pangelinan@gec.guam.gov>
Sent: Tuesday, August 28, 2018 5:59 PM
To: 'Robert Klitzkie'
Subject: GEC Response
Sent: Tuesday, August 28, 2018 5:59 PM
To: 'Robert Klitzkie'
Subject: GEC Response
Hafa Adai Senator Klitzkie,
Si Yu’os ma’ase’ for calling me today. I left a message on your telephone trying to return your call. Please be informed that the Commission has reviewed your last request, and is on the current meeting agenda. The GEC response will be sent to you accordingly.
Si Yu’os ma’ase’
Maria I.D. Pangelinan
Executive Director
Guam Election Commission
414 W. Soledad Ave.
GCIC Bldg., Ste.200
Hagatna, GU 96910
www.vote.gec.guam.gov
671.477.9791 (office tel)
671.687.9792 (cellular)
671.477.1895 (fax)
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