Request #19-314
  Closed

May 27, 2019

 

To Whom It May Concern:

 

Pursuant to the California Public Records Act (Government Code Section 6250 et seq.) ("CPRA”), the Vallejo Sunshine Ordinance, and all other applicable laws, please disclose the following records.

 

  • All Vallejo police officer body camera footage relating to the March 2017 use of force incident involving Dejuan Hall. This includes, but is not limited to, footage from the body camera worn by Officer Spencer Muniz-Bottomley, as well as body camera footage from any other officer on scene at any point, for any length of time.

 

These records are disclosable pursuant to SB 1421. In addition, the Vallejo Police Department (“VPD”) disclosed the requested records to several members of the public at a 2017 community meeting. Vallejo Police Chief Andrew Bidou and other VPD staff also attended this meeting. The requested records are thus disclosable pursuant to Black Panther Party v. Kehoe, 42 Cal.App.3d 645 (1974) (holding that exempt documents cannot be selectively released).

 

The fundamental rule of the CPRA is a presumption of public access. “In other words, [A]ll public records are subject to disclosure unless the Legislature has expressly provided to the contrary.” Williams v. Superior Court, 5 Cal. 4th 337 (1993). This presumption finds further support in the California Constitution, as amended by Proposition 59 in 2004. “A statute, court rule, or other authority, including those in effect on the effective date of this subdivision, shall be broadly construed if it furthers the people's right of access, and narrowly construed if it limits the right of access.” Cal. Const. Art. 1 § 3(b)(2).

 

Please provide a determination on this request within 10 days of your receipt of it, and an even prompter reply if you can make that determination without having to review the records in question. If you determine that any or all of the information qualifies for an exemption from disclosure, please note whether, as is normally the case, the exemption is discretionary, and if so whether it is necessary in this case to exercise your discretion to withhold the information. If you determine that some but not all of the information is exempt from disclosure and that you intend to withhold it, please redact it for the time being and make the rest available as requested. In any event, please provide a signed notification citing the legal authorities on which you rely if you determine that any or all of the information is exempt and will not be disclosed.

 

Please apply a fee waiver to this request. If the request for a fee waiver is denied, please provide notification of any duplication costs exceeding $20 before you duplicate the records. If the request for a fee waiver is denied, please further provide an index of all other requests since 2014 for which a fee waiver was denied, and the reason therefor.

 

Please publish all correspondence between the city and request regarding this request to Vallejo NextRequest. Please disclose the records electronically by posting them to Vallejo NextRequest and via email to records@openvallejo.org. If you have any questions, please do not hesitate to be in touch.

 

Thank you.


Received

May 27, 2019 via web


Departments

Police Department


Requester

Open Vallejo

Documents

Public

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Staff

Point of Contact

Joni Brown

Request Closed   Hide Public

Dear Open Vallejo:

On May 27, 2019, we received your request via NextRequest.  Below is your request, and our response is as follows:

All Vallejo police officer body camera footage relating to the March 2017 use of force incident involving Dejuan Hall. This includes, but is not limited to, footage from the body camera worn by Officer Spencer Muniz-Bottomley, as well as body camera footage from any other officer on scene at any point, for any length of time. 

 

 

  • The information you seek is exempt from public disclosure pursuant to Government Code §6254(f).

 

 

These records are disclosable pursuant to SB 1421. In addition, the Vallejo Police Department (“VPD”) disclosed the requested records to several members of the public at a 2017 community meeting. Vallejo Police Chief Andrew Bidou and other VPD staff also attended this meeting.

 

 

  • We have confirmed that the City did not disclose the records (i.e. body cam footage or report) to any member of the public at the 2017 community meeting.  As such, the records still remain exempt from public disclosure pursuant to Government Code section 6254(f). 

 

 

 

Regards,

 

Lieutenant Steve Cheatham

Professional Standards Division

Vallejo Police Department

Vallejopd@CityofVallejo.net

 

 

June 6, 2019, 1:49pm by Joni Brown, Administrative Analyst I
Request Published Public
May 29, 2019, 8:35am by Joni Brown, Administrative Analyst I
Department Assignment Public
Police Department
May 27, 2019, 6:25pm
Request Opened Public
Request received via web
May 27, 2019, 6:25pm