Request #19-519
  Closed

September 5, 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 records relating to the process by which applicants for the current Vallejo police chief opening have been screened thus far. This includes, but is not limited to, all questions, scoring matrices, or other methods used to evaluate candidates at any stage of the recruitment process to date.

 

This request includes communications involving private as well as public infrastructure, devices, and/or accounts. See, e.g., San Jose v. Superior Court, 2 Cal.5th 608 (2017) (holding that when a city employee uses a personal account to communicate about the conduct of public business, the writings may be subject to disclosure under the California Public Records Act). 

 

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 disclose the requested record(s) electronically via email to records@openvallejo.org. If you have any questions, please do not hesitate to be in touch.

 

Thank you.

 


Received

September 5, 2019 via web


Departments

All Other Departments


Requester

Open Vallejo

Documents

Public

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Staff

Point of Contact

Melissa Rhodes

External Message Public

My apologies, Open Vallejo.  Here they are.

September 14, 2019, 1:30pm by Samantha Chen (Staff)
Document(s) Released Public
Forced Ranking Sheet - Professional Panel_Redacted.pdf
Forced Ranking Sheet - Executive Panel_Redacted.pdf
Forced Ranking Sheet - Community Panel_Redacted.pdf
September 14, 2019, 1:29pm by Samantha Chen
External Message Public
The records counsel describes as disclosable have not been disclosed.
September 14, 2019, 1:15pm by the requester via email
Request Closed Public
September 13, 2019, 8:48pm by Samantha Chen
External Message   Hide Public

My office represents the City of Vallejo (the “City”) in connection with the City’s response to your PRA Request received on the afternoon of September 15, 2019. I have been authorized by our client to provide an update on your request for records.

 

 

The City has located and is disclosing materials responsive to your request. Please note, the forms have been redacted to protect the identities of the police chief candidates, pursuant to the privileges cited in the City’s responses to PRA Request Nos. 19-443, 19-507, 19-510, 19- 513, 19-514, and 19-516.

 

The City is not disclosing any other responsive materials, such as interview questions, under Government Code section 6255. As City uses the same materials in its personnel recruitment efforts, disclosure would prejudice the City in future efforts. The public interest served by maintaining the confidentiality of these materials, thus assuring the City’s recruitment processes are not tainted, clearly outweighs any public interest served by disclosing the records.  Therefore, the City will not be releasing its interview questions in response to this request.

 

Because the City will not provide the exempt information described above, the PRA requires the City to provide a written response when a records request is denied, either in whole or in part. (Gov. Code § 6255, subd. (b).) The PRA also requires that notification of denial of any request for records must include the names and titles or positions of each person responsible for the denial. (Gov. Code § 6253, subd. (d).) With the name and title of the undersigned, this letter fulfills both of the aforementioned legal requirements.

 

If any further questions or concerns arise, please feel free to contact me. Thank you very much for your cooperation.

 

Samantha Chen

for BEST BEST & KRIEGER LLP

September 13, 2019, 8:46pm by Samantha Chen (Staff)
Request Published Public
September 5, 2019, 7:31pm by Dawn Abrahamson, City Clerk
Department Assignment Public
All Other Departments
September 5, 2019, 6:50pm
Request Opened Public
Request received via web
September 5, 2019, 6:50pm