Free Letter - District Court of California - California

Case 3:07-cv-05086-WHA

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Filed 07/01/2008

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1 EDMUND G. BROWN JR. Attorney General of the State of California 2 SUSAN M. CARSON Supervising Deputy Attorney General 3 GEORGE PRINCE, State Bar No. 133877 Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 4 San Francisco, CA 94102-7004 Telephone: (415) 703-5749 5 Fax: (415) 703-5480 6 7 Attorneys for Defendants 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 I, Patricia Huston, state as follows: 1. I am the Deputy Director for the California Department of Social Services' (CDSS) Office v. JOHN A. WAGNER, Director of the California Department of Social Services, in his official capacity; MARY AULT, Deputy Director of the Children and Family services Division of the California Department of Social Services, in her official capacity, Defendants. CALIFORNIA STATE FOSTER PARENT ASSOCIATION, CALIFORNIA STATE CARE PROVIDERS ASSOCIATION, and LEGAL ADVOCATES FOR PERMANENT PARENTING, Plaintiffs, C 07-5086 WHA DECLARATION OF PATRICIA HUSTON IN SUPPORT OF DEFENDANTS' CLAIM OF DELIBERATIVE PROCESS PRIVILEGE IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

24 of Legislation. I have occupied that position since February 22, 2005. Prior to that time, I was Chief 25 of the Office of Legislation for First 5 California Children and Families Commission, a position I 26 held for five years. 27 2. As Deputy Director, I oversee CDSS's Office of Legislation, which provides support to

28 the Director and other divisions within CDSS. This office is responsible for both state and federal
Decl. of Patricia Huston iso Defendants' Claim of Privilege California State Foster Parent Association, et al. v. Wagner C 07-5086 WHA

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1 legislative/congressional matters. Part of this responsibility is legislative analysis. Legislative 2 analysis is the compilation of the opinions, thoughts, analyses, recommendations and conclusions 3 of CDSS staff and divisions into a format called a "bill analysis." This process is described in more 4 detail below. 5 3. The Office of Legislation prepares bill analyses to provide the Administration -- that is,

6 the executive branch of California's government -- with clear, concise, and complete information 7 so that it can make informed decisions on pending legislation. 8 4. Bill analyses prepared by CDSS are read by people within CDSS and within the

9 Administration. Readers include staff at California's Health and Human Services Agency (the state 10 agency of which CDSS is an operational department), staff at the Governor's Office, staff at the 11 Department of Finance, and sometimes the staff of other state departments within the Administration 12 that are also following a particular bill. 13 5. The Office of Legislation reviews all bills, identifies legislation that impacts CDSS, and

14 assigns the analysis to the impacted divisions. These bills are identified as "Analysis" bills. In 15 addition, an "analysis bill" is referred to CDSS's Legal Division, its Estimates Branch, and its 16 Budget Bureau. 17 6. The Office of Legislation has responsibility for the development and compilation of

18 CDSS's analysis. When a bill impacts more than one program area within a division, one analysis 19 is required from that division. When a bill impacts more than one division in CDSS, each division 20 is required to submit a full analysis to the Office of Legislation. The Office of Legislation combines 21 input from all impacted policy, legal, and fiscal program areas into one departmental analysis. 22 7. Whenever there is disagreement on a recommended position for a particular bill within

23 CDSS, it is the responsibility of the Office of Legislation to arrange a meeting with the impacted 24 program areas in order to reach agreement on the recommended position on a bill analysis that will 25 move forward to the CDSS Director's Office. Disputes between divisions regarding CDSS's 26 recommended position on a bill should be resolved at the Branch Chief level, using legislative office 27 staff as mediators. Controversial or sensitive issues may need to be brought to the attention of the 28 Deputy Directors, the Chief Deputy, or the Director.
Decl. of Patricia Huston iso Defendants' Claim of Privilege California State Foster Parent Association, et al. v. Wagner C 07-5086 WHA

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8. Once a CDSS bill analysis is completed, it is the responsibility of the Office of

2 Legislation to submit the bill analysis to the Director's Office. When the bill analysis is approved 3 and signed by the Director's Office, the Office of Legislation submits it to the Health and Human 4 Services Agency on behalf of CDSS. 5 9. The Health and Human Services Agency reviews the departmental analysis and agrees

6 or disagrees with CDSS's recommendation and forwards the analysis, with its comments as to 7 agreement or disagreement, if any, to the Governor's Office. 8 10. The Governor's Office then reviews the bill analysis and approves the recommended

9 position (CDSS's position, or the Agency's position, if there was disagreement) or decides upon 10 a different one. Whatever the Governor's Office decides becomes CDSS's official position. The 11 Governor's Office notifies the Health and Human Services Agency of its decision. 12 11. After the Health and Human Services Agency notifies CDSS of the Governor's

13 approved position on a bill, the Office of Legislation begins taking official action on the bill. This 14 may include sending letters to the bill's author(s), informing members of the Legislature and their 15 staffs of CDSS's position, testifying at committee hearings, negotiating amendments, and meeting 16 with the bill's sponsors. 17 12. The Office of Legislation also coordinates any appearances and/or testimony by CDSS

18 staff at policy or fiscal committee hearings. 19 13. When both houses of the Legislature have passed a bill, the Office of Legislation

20 prepares an enrolled bill report. The enrolled bill report is the analysis of the bill in its final form 21 and is CDSS's recommendation to the Governor to sign or veto the bill. The enrolled bill report is 22 a top priority for CDSS and is developed in consultation with the appropriate policy, fiscal, and legal 23 staff within CDSS. 24 14. The enrolled bill analyses are prepared by CDSS staff with professional expertise and

25 capabilities who throughout the process provide their opinions, thoughts, analyses, 26 recommendations, and conclusions to the CDSS's Office of Legislation, where they are compiled 27 into a single document. This document, which represents a consolidation into one recommendation, 28 is sent to the Health and Human Services Agency, where it is considered by the Secretary of Health
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1 and Human Services' staff and the Secretary before being presented to the Governor's Office as part 2 of the government's deliberative process. 3 15. These analyses are relied upon by Agency in the compilation, presentation, and

4 recommendations made to the Governor's Office. These analyses are part of the decision-making 5 process that play a part in the deliberations leading to decisions made by the Governor's Office. 6 16. After the Governor's Office staff take these opinions and recommendations under

7 consideration, those staff makes a recommendation to the Governor to sign or veto the bill. If the 8 bill is signed, it is expected that the Administration has adopted the policy changes required by the 9 legislation, and the bill is implemented through the Health and Human Services Agency and CDSS. 10 17. One of the primary responsibilities of CDSS is to provide the Administration with clear,

11 concise, and complete information so that it can make informed decisions on pending legislation. 12 Effective discharge of that responsibility depends upon formulation and implementation of sound 13 decisions. In order to ensure effective and sound decision-making, the staff and officials of CDSS 14 must remain free to engage in a candid exchange of views concerning proposed recommendations. 15 Such exchanges would be severely curtailed if their contents were subject to public scrutiny during 16 the deliberative process or thereafter. I have no doubt that candid exchanges regarding the pros and 17 cons of any proposed legislation would be severely chilled by the threat of disclosure of such 18 thoughts. 19 18. The legislative analyses unquestionably reflect the deliberative process of the CDSS.

20 Disclosure of the advice, opinion, facts, and recommendations contained in those documents would 21 inhibit the frank exchange of information and ideas among CDSS officials and staff in the course 22 of their pre-decisional deliberations concerning opinions and recommendations regarding 23 departmental policy and legislative decision-making. 24 25 26 27 // 28 //
Decl. of Patricia Huston iso Defendants' Claim of Privilege California State Foster Parent Association, et al. v. Wagner C 07-5086 WHA

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19. This declaration is based on personal knowledge. If called to testify in this action, I

2 could and would competently testify to the matters set forth herein. 3 I declare under penalty of perjury that the foregoing is true and correct, and that this

4 declaration was executed electronically, at my request, on June 30, 2008, while I was in 5 Sacramento, California. 6 7 8 GENERAL ORDER 45 ATTESTATION I, George Prince, am the ECF user whose ID and password are being used to file this request for an order. In compliance with General Order 45, X.B., I hereby attest that declarant Patricia 10 Huston has concurred in the filing of this document with her electronic signature. 9 11 12 George Prince 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Decl. of Patricia Huston iso Defendants' Claim of Privilege California State Foster Parent Association, et al. v. Wagner C 07-5086 WHA

/s/ Patricia Huston PATRICIA HUSTON

Dated: June 30, 2008 /s/ George Prince

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