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O~I~o U ^7a -/6 <br />~. <br />MEMORANDUM ~~`` <br />To: <br />F om: Robert C Gang ors D~~ty_si ty Attorney <br />Date 7- 27-7 2 <br />s~.,,ect: _ Bowers Museum Gift Shop <br />Referred by the City Manager is a problem regarding the right of a <br />citizen to have access to the records of the Bowers Museum Gift Shop. <br />If the shop is operated soli by the Foundation, there would appear to <br />be no right. A foundation's records are not available to the general <br />public. <br />If the city operates it, the records might be - since under Gov't. Code <br />Sec. 6253 public records must be available to the general public. The <br />information Mr. Dixon seeks in his letter of July 9, would not appear <br />to be exempted by any of the provisions of Gov't Code 6254, which lists <br />certain data that need not be released. <br />Attached is the agreement dated 1-14-72, between the city and the Foundation <br />(or its subsidiary, the "Bells.") Rather than leasing the space or the <br />concession to the foundation it may create setae sort of agency between <br />the Foundation and the City. Also the agreement does not seem to give <br />the foundation the right to purchase any items for resale at the museum. <br />,,,_ I propose that <br />1) We infona Mr. Dixon that the gift shop is operated by a private <br />foundation on a: lease agreement with the city and that there is no <br />right to inspect the records of a private corporation, and that <br />2) The foundation is not apparently violating any city ordinance and <br />is operating properly in a C-1 zone, and <br />3) That the city itself has no right to inspect foundation records, and <br />4) That we consider drafting a lease agreement and have it approved <br />by-the Council, if this is possible. <br />What do you think? - <br />RCS : po <br /> <br />24 <br />