We tried to determine the level of the CLRC’s involvement in the book matter studying phone record and expense reimbursement for CLRC staff for the period in question. We found there was a six-month black hole – a period where telephone records were missing. Mr. Hebert attributed the missing documents to a “service provider failure." In this case a telephone system failure. When questioned further as to what the CLRC was prepared to do to make sure the agency would be responsive to future freedom of information act requests, Mr. Hebert reasoned that his agency was not big enough and had to outsource its telephone needs. The implications are not inconsequential when it comes to transparency and accountability: Any government entity can avoid being subjected to freedom of information act requests, by merely outsourcing its communication needs for example.
“UOP ordinarily keeps records of all long distance calls, as an integrated part of their telephone service system. Unfortunately, their system malfunctioned, and stopped recording long distance call details during the period you've described. That error affected all of the phone lines at the McGeorge School of Law in Sacramento, including the lines assigned to the Law Revision Commission. As a result of that error, UOP has no long distance phone records for McGeorge for that time period. Consequently, long distance call information for that period was never provided to my agency, despite my requests that it be provided. To my knowledge, the information does not exist,” said Mr. Hebert. That is, all that a parasitic bureaucracy needs to do to outskirt the California legislature is to outsource its facility needs.