Request #19-401
  Closed

To Whom It May Concern:

Pursuant to the California Public Records Act, I hereby request the following records:

- All complaints made by city employees to the city related to sexual harassment, sexual discrimination or sexual assault in the last five years.
- Any/all summaries of internal investigations of these complaints, and the resolution of those investigations.
- Any/all records of settlements related to these complaints.
- Reports detailing any/all disciplinary action taken in response to these complaints, including but not limited to actions against the complainant and the subject of the complaint.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Dan Rubins

NOTE: this request was originally submitted to city.manager@cityofvallejo.net on June 17th, 2019 but received no response or acknowledgment.


Received

July 8, 2019 via web


Departments

All Other Departments


Requester

Dan Rubins

Documents

Public

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Staff

Point of Contact

Melissa Rhodes

Request Closed Public
October 11, 2019, 2:28pm by Samantha Chen
External Message   Hide Public

Dear Mr. Rubins,

 

The City located one additional file related to complaints of and investigations into allegations of sexual harassment, sexual discrimination or sexual assault. 

 

The matter involves a line level employee.  It does not involve a high-ranking public official, nor employee entrusted with special trust and responsibility. 

 

In light of constitutional right of privacy mandates and the public interest against disclosure of “trivial or groundless” charges, the City is withholding these records.  (Gov. Code § 6255; American Federation of State etc. Employees v. Regents of University of California (1978) 80 Cal.App.3d 913, 918.)

 

This completes the City's search for and collection of records responsive to your request.  The City deems this request complete.  Thank you very much for your cooperation.

 

Samantha Chen

for BEST BEST & KRIEGER LLP

October 11, 2019, 2:27pm by Samantha Chen (Staff)
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Dear Mr. Rubins,

 

The City is continuing to search for, collect, and review records responsive to this request.  The City expects to produce disclosable records subject to any applicable exemptions, if any, by October 11, 2019.  If the City is able to make records available prior to this, we will do so. Likewise, if additional time will be needed to complete the review and redaction of the responsive documentation, we will so notify you in writing.

 

Thank you very much for your cooperation.

 

Samantha Chen

for BEST BEST & KRIEGER LLP

September 30, 2019, 6:08pm by Samantha Chen (Staff)
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Dear Mr. Rubins,

 

The City is reviewing its disciplinary files and has located two files related to complaints of and investigations into allegations of sexual harassment, sexual discrimination or sexual assault. 

 

The matters were not sustained and/or not substantiated for violations of the City’s discrimination and harassment policies.  One of the matters go back beyond the five years set forth in the scope of your request.  The matters do not involve high-ranking public officials, nor employees entrusted with special trust and responsibility. 

 

In light of constitutional right of privacy mandates and the public interest against disclosure of “trivial or groundless” charges, the City is withholding these records.  (Gov. Code § 6255; American Federation of State etc. Employees v. Regents of University of California (1978) 80 Cal.App.3d 913, 918.)

 

The City is continuing to search for, collect, and review records responsive to this request.  The City expects to produce disclosable records subject to any applicable exemptions, if any, by the next production date of 9/30/19.  If the City is able to make records available prior to this, we will do so. Likewise, if additional time will be needed to complete the review and redaction of the responsive documentation, we will so notify you in writing.

 

Thank you very much for your cooperation.

 

Samantha Chen

for BEST BEST & KRIEGER LLP

August 30, 2019, 8:56pm by Samantha Chen (Staff)
Document(s) Released to Requester Public
Meet & Confer on Pending PRA Requests 7-18-19.pdf
July 18, 2019, 4:12pm by Samantha Chen
Document(s) Released to Requester Public
Meet & Confer on Pending PRA Requests 7-18-19.pdf
July 18, 2019, 3:58pm by Samantha Chen
External Message   Hide Public

Two important notes on this request: 

1. Since these documents will be made public, please be very careful to redact the names and other identifying information of complainants (in order to protect their privacy), unless they have taken other public action, like filing a lawsuit against the city.

2. This request has STILL not been acknowledged, despite being submitted on June 17 to the City Manager's Office email inbox. The statutory deadline for a response is already passed. May I remind you that the California Public Records Act (Cal. Gov’t Code § 6253(c)) specifically requires that an agency provide a response to a public records request within ten business days of receipt of that request. By failing to respond to this request within the legally-mandated timeframe, this agency is in violation of the law. Please provide acknowledgement of this request and the responsive materials forthwith. If such materials cannot be produced, please provide an appropriate explanation for this rejection, as is dictated by this agency's legal obligations under the California Public Records Act.

July 18, 2019, 11:03am by the requester
Request Published Public
July 9, 2019, 1:30pm by Dawn Abrahamson, City Clerk
Department Assignment Public
All Other Departments
July 8, 2019, 11:51pm
Request Opened Public
Request received via web
July 8, 2019, 11:51pm