Monday, May 18, 2015 at 9:11:37 PM Pacic Daylight Time

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Subject: Phone message RE: unbacked billsDate: Tuesday, April 21, 2015 at 3:48:27 PM Pacic Daylight TimeFrom: John MyersTo: diane.boyer@legislaJvecounsel.ca.gov

Im following back up on the phone message I leP with you on Monday regarding my interest for informaJon regarding unbacked bills. In the interest of Jme and clarity, I thought Id send along an email with some specics.

Were aRempJng to beRer understand the process that exists for unbacked bills, namely legislaJon draPed by your oce per a request from a legislator but not authored by that legislator. Its my understanding that those requests are in addiJon to the work your oce does in draPing and veXng bills for introducJon by a member.

Our specic request to begin with: some data on unbacked bills draPed since the beginning of the 2013-14 legislaJve session, both cumulaJve totals and totals for each legislator. If you need a more formal request or addiJonal info, Im happy to provide it.

Thanks very much,

JOHN MYERS | Senior EditorKQED California PoliJcs & Government Deskonline | radio | television916.446.6821 T916.425.7168 M@johnmyers

Monday, May 18, 2015 at 9:12:56 PM Pacic Daylight Time

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Subject: RE: Phone message RE: unbacked billsDate: Wednesday, April 22, 2015 at 11:06:05 AM Pacic Daylight TimeFrom: Boyer, DianeTo: John Myers

Mr. MyersI apologize for my delayed response. The Oce of LegislaNve Counsel does not have a system that allows us toreadily track the number of unbacked requests that we may receive during a session. Moreover, any informaNonrelated to specic requests by Members of the Legislature is subject to the aTorney-client privilege.Diane Boyer-Vine

-----Original Message-----From: John Myers [mailto:jmyers@KQED.org]Sent: Tuesday, April 21, 2015 3:48 PMTo: Boyer, DianeSubject: Phone message RE: unbacked bills

I'm following back up on the phone message I leb with you on Monday regarding my interest for informaNonregarding unbacked bills. In the interest of Nme and clarity, I thought I'd send along an email with some specics.

We're aTempNng to beTer understand the process that exists for "unbacked bills," namely legislaNon drabed byyour oce per a request from a legislator but not authored by that legislator. It's my understanding that thoserequests are in addiNon to the work your oce does in drabing and veeng bills for introducNon by a member.

Our specic request to begin with: some data on unbacked bills drabed since the beginning of the 2013-14legislaNve session, both cumulaNve totals and totals for each legislator. If you need a more formal request oraddiNonal info, I'm happy to provide it.

Thanks very much,

-JOHN MYERS | Senior EditorKQED California PoliNcs & Government Desk online |radio | television916.446.6821 T916.425.7168 M@johnmyers

Monday, May 18, 2015 at 9:13:34 PM Pacic Daylight Time

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Subject: Re: Phone message RE: unbacked billsDate: Wednesday, April 22, 2015 at 1:44:35 PM Pacic Daylight TimeFrom: John MyersTo: Boyer, Diane

Ms. Boyer-Vine,

Thank you for your reply. Given that your email oers two responses, Imhoping that you can oer some clarity:

1. You say the Oce cant readily track the number of unbackedrequests. Does that mean its something that would take Xme to count? Ordo you mean that the Oce has no way of counXng them?

2. If there is no way to disaggregate the data, could you simply provide atotal number of bills draZed by the Oce in the 2013-14 session? Or forany other two-year session?

3. Im aware of a[orney-client privilege, but could you provide moreinformaXon on how our request for aggregate data falls under that rule?Were not seeking informaXon on the contents of the bills, simply thetotal number of requests made. If it helps, were amending our request toonly cover the 2013-14 session, which would seem to eliminate anyprivilege issues related to pending legislaXon and/or legislaXvedeliberaXons.

We're hoping you can answer two addiXonal quesXons, as well:

1. Are there any limits placed on how many unbacked bills that a membercan request your Oce to draZ?

2. Would a[orney-client privilege, in your view, extend to formerlegislators?

Given the nature of your work, we certainly understand the concerns withcondenXality. However, we also believe that aggregate historical datais of importance to the public. As such, if there are specic laws orregulaXons that you believe prohibit disclosure, it would be helpful toknow which ones.

Thanks again,John Myers

JOHN MYERS | Senior EditorKQED California PoliXcs & Government Desk916.446.6821 T916.425.7168 M@johnmyers

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On 4/22/15, 11:06 AM, "Boyer, Diane" wrote:

Mr. MyersI apologize for my delayed response. The Oce of LegislaXve Counseldoes not have a system that allows us to readily track the number ofunbacked requests that we may receive during a session. Moreover, anyinformaXon related to specic requests by Members of the Legislature issubject to the a[orney-client privilege.Diane Boyer-Vine

-----Original Message-----From: John Myers [mailto:jmyers@KQED.org]Sent: Tuesday, April 21, 2015 3:48 PMTo: Boyer, DianeSubject: Phone message RE: unbacked bills

I'm following back up on the phone message I leZ with you on Mondayregarding my interest for informaXon regarding unbacked bills. In theinterest of Xme and clarity, I thought I'd send along an email with somespecics.

We're a[empXng to be[er understand the process that exists for"unbacked bills," namely legislaXon draZed by your oce per a requestfrom a legislator but not authored by that legislator. It's myunderstanding that those requests are in addiXon to the work your ocedoes in draZing and vevng bills for introducXon by a member.

Our specic request to begin with: some data on unbacked bills draZedsince the beginning of the 2013-14 legislaXve session, both cumulaXvetotals and totals for each legislator. If you need a more formal requestor addiXonal info, I'm happy to provide it.

Thanks very much,

-JOHN MYERS | Senior EditorKQED California PoliXcs & Government Deskonline |radio |television916.446.6821 T916.425.7168 M@johnmyers

Monday, May 18, 2015 at 9:13:55 PM Pacic Daylight Time

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Subject: RE: Phone message RE: unbacked billsDate: Wednesday, April 22, 2015 at 3:29:58 PM Pacic Daylight TimeFrom: Boyer, DianeTo: John Myers

Mr. MyersThank you for your follow up email. We are treaLng this as a request for records and will respond accordingly.Diane Boyer-Vine

-----Original Message-----From: John Myers [mailto:jmyers@KQED.org]Sent: Wednesday, April 22, 2015 1:45 PMTo: Boyer, DianeSubject: Re: Phone message RE: unbacked bills

Ms. Boyer-Vine,

Thank you for your reply. Given that your email oers two responses, Im hoping that you can oer some clarity:

1. You say the Oce cant readily track the number of unbacked requests. Does that mean its something thatwould take Lme to count? Or do you mean that the Oce has no way of counLng them?

2. If there is no way to disaggregate the data, could you simply provide a total number of bills draded by the Ocein the 2013-14 session? Or for any other two-year session?

3. Im aware of aeorney-client privilege, but could you provide more informaLon on how our request for aggregatedata falls under that rule?Were not seeking informaLon on the contents of the bills, simply the total number of requests made. If it helps,were amending our request to only cover the 2013-14 session, which would seem to eliminate any privilege issuesrelated to pending legislaLon and/or legislaLve deliberaLons.

We're hoping you can answer two addiLonal quesLons, as well:

1. Are there any limits placed on how many unbacked bills that a member can request your Oce to drad?

2. Would aeorney-client privilege, in your view, extend to former legislators?

Given the nature of your work, we certainly understand the concerns with condenLality. However, we alsobelieve that aggregate historical data is of importance to the public. As such, if there are specic laws orregulaLons that you believe prohibit disclosure, it would be helpful to know which ones.

Thanks again,John Myers