To: FRANCHISE TAX BOARD
DISCLOSURE OFFICE
P.O. BOX 1468
SACRAMENTO CA 95812-1468
Official Notice Requested (West's Ann.Cal.Gov. Code (2002), § 11515)
JUDICIAL NOTICE REQUIRED (West's Ann.Cal.Evid. Code (2002), §§ 451, 453, 459).
1.a. I am a non-commercial requestor; I have a legitimate interest in the requested information; and I make this request for copies of record(s) of the STATE OF CALIFORNIA FRANCHISE TAX BOARD (FTB) pursuant to the California Public Records Act (West's Ann.Cal.Gov. Code (2002), §§ 6250 et seq.).
1.b. My authority for making this request is set out below:
In enacting this chapter, the Legislature, mindful of the right of individuals to privacy, finds and declares that access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state.1.c. I know of no reason why any of the specific exemptions set out in West's Ann.Cal.Gov. Code (2002), § 6254 should apply to the record(s) I am requesting.
West's Ann.Cal.Gov. Code (2002), § 6250.(a) Public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided....
(b) ...each state or local agency, upon request for a copy of records that reasonably describes an identifiable record or records, shall make the records promptly available to any person upon payment of fees covering the direct costs of duplication, or a statutory fee if applicable. Upon request, an exact copy shall be provided unless impracticable to do so.
(c) Each agency, upon request for a copy of records, shall within 10 days from receipt of the request, determine whether the request, in whole or in part, seeks copies of disclosable public records in the possession of the agency and shall promptly notify the person making the request of the determination and the reasons therefor....
(d) Nothing in this chapter shall be construed to permit an agency to delay or obstruct the inspection or copying of public records. The notification of denial of any request for records required by Section 6255 shall set forth the names and titles or positions of each person responsible for the denial.
(in part, emphasis added) West's Ann.Cal.Gov. Code (2002), § 6253.
2.a. I request, that FTB prepare exact photocopies of the public record(s) requested in item 3 and deliver them to me by mail at the address set out in the upper-left quadrant.
2.b. I temporarily Waive, but ultimately Reserve, my right to physical inspection of all record(s) maintained by FTB at FTB's business address during its normal business hours.
2.c. You already have my check No. 413 (which I sent to FTB with my second IPA Request dated April 8, 2002 and which, for whatever reason, has not cleared since), made payable to FTB, in the amount "not to exceed $20.00" to cover the costs, not to exceed $0.10 per page or a statutory fee to be disclosed to me, of copying and mailing of said record(s). If you anticipate exceeding that amount, please stop and deliver such record(s) as you have developed to that point.
3.a. In reasonable reliance upon the information posted on American Management Systems, Inc. (AMS) website ( http://www3.amsinc.com/CMC/newsroom.nsf/pr/JWAY-4XNN2E [as of May 30, 2002] ) (Exhibit 1, attached and incorporated herein in full), I request a complete exact copy of the contract/agreement/arrangement/understanding (however titled, styled, or referenced) which is currently in effect between FTB and AMS for the creation/implementation/on-going-operation of the Collection Account Processing System (CAPS).
3.b. In reliance upon the same information, I request a complete exact copy of the contract/agreement/arrangement/understanding (however titled, styled, or referenced) which is currently in effect between FTB and AMS for the creation/implemention/on-going-operation of the Accounts Receivable Collection System (ARCS).
3.c. In reliance upon the same information, I request a complete exact copy of the contract/agreement/arrangement/understanding (however titled, styled, or referenced) which is currently in effect between FTB and AMS for the creation/implemention/on-going-operation of the Professional Audit Support System (PASS).
I Certify within the laws of the State of California that the foregoing is true, correct, and complete and that this is my signature appended below.
Dated: ________________________________________________
At: ___________________________________________________
Signed: _______________________________________________
Attachment: AMS News Release, dated June 13, 2001, 3 pages.
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