Request #19-555
  Closed

September 12, 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.

 

  • Any memorandum, correspondence, invoice, receipt, agreement, user guide, or other record regarding the Vallejo Police Department’s purchase, potential purchase, possession, use or custody of, control over, or access to any drone, unmanned aerial vehicle or similar device.

 

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 12, 2019 via web


Departments

Police Department


Requester

Open Vallejo

Documents

Public

(loading...)

Staff

Point of Contact

Joni Brown

Request Closed Public
October 28, 2019, 11:06am by Samantha Chen
Document(s) Released   Details Public
19-555.zip
BH Photo 2_Redacted.pdf
BH Photo_Redacted.pdf
COA_2018-WSA-1473.pdf
Drone Nerds Camera_Redacted.pdf
Drone Nerds_Redacted.pdf
Matrice+210_210+RTK+User+Manual_EN(1).pdf
matriceAW.pdf
Phantom+4+Pro+Pro+Plus+User+Manual+v1.0.pdf
phantom4AW.pdf
Public Declaration Letter City of Vallejo CA .pdf
sUAS_EPs.pdf
sUAS_LLPs.pdf
sUAS_preflight.pdf
UASFilghtLog.pdf
19-555 docs_Redacted.pdf
607 - Unmanned_Aerial_System__UAS__Operations.pdf
2018-WSA-1483-COA.pdf
October 28, 2019, 11:05am by Samantha Chen
External Message   Hide Public

Dear Open Vallejo,

 

I apologize for the delay in this disclosure.

 

The City has identified records that appear to respond to your request. The City is redacting or withholding records responsive to your request, pursuant to the attorney-client communications privilege, attorney work product privilege, and Government Code Section 6255.  Redactions were made to hide account, serial, or other identifying numbers related to items purchased, in accordance with Government Code Section 6255.

 

The Public Records Act 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 Public Records Act 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 provided below, this correspondence fulfills both of the aforementioned legal requirements.

 

This release of records constitutes the City’s response to your PRA request. The City deems this request complete. Please feel free to contact me should you have any additional questions or concerns. Thank you for your cooperation.

 

Samantha Chen

for BEST BEST & KRIEGER LLP

 

October 28, 2019, 11:01am by Samantha Chen (Staff)
External Message   Hide Public

My office represents the City of Vallejo (the “City”) in connection with the City’s response to your PRA Request sent and received on September 12, 2019. I have been authorized by our client to provide a determination on your request for records.

 

The City has identified records that appear to respond to your request. As you are likely aware, the California Public Records Act permits a local agency to withhold from disclosure certain records that are exempt from disclosure. (Gov. Code § 6250 et seq.) The City will be redacting or withholding records responsive to your request, pursuant to one or a combination of the following exemptions:

 

  •  Attorney-client communications are exempt from disclosure pursuant to Section 954 of the California Evidence Code, which is incorporated into the Public Records Act through California Government Code Section 6254(k).

 

  • Attorney work product is exempt from disclosure pursuant to the California Evidence Code and Section 2018.030 of the California Code of Civil Procedure, which are incorporated into the Public Records Act through California Government Code Section 6254(k).

 

  • Personal contact information of individuals such as personal home addresses, emails, and phone numbers. In general, the Public Records Act protects the confidentiality of personal information included in various public documents. Some examples include voter registration records (Gov. Code § 6254.4 (a)); utility customer records (Gov. Code § 6254.16); firearms license applications (Gov. Code § 6254 (u)); records of the Department of Housing and Community Development (Gov. Code § 6254.1 (a)); DMV records (Gov. Code § 6254.1 (b)); records of public employees (Gov Code § 6254.3); and public library patron records (Gov. Code § 6267). The Legislature’s reasons for including such exemptions in the law is clearly to protect an individual's privacy (Gov. Code § 6250). Therefore, disclosure of personal information would be an unwarranted invasion of personal privacy.

 

  • The information is exempt from disclosure pursuant to California Government Section 6255, as the public interest served in not disclosing the information clearly outweighs the public interest served by disclosure.

 

The Public Records Act requires the City to provide a written response when a records request is denied, either in whole or in part. (Gov. Code § 6255 (b).) The Public Records Act 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 (d).) With the name and title provided below, this correspondence fulfills both of the aforementioned legal requirements.

 

Given the volume of responsive records and the need to review those records for information exempt from disclosure under the PRA, the City will provide disclosable records to you subject to the exemptions described above (and any further exemptions found during review) by October 18, 2019. If we are able to make the records available prior to the dates indicated above, we will do so. Likewise, if we require additional time to complete the review and redaction, if necessary, of the responsive documents, we will notify you in writing on or before the above listed date.

 

Please feel free to contact me should you have any additional questions or concerns.

 

Samantha Chen

for BEST BEST & KRIEGER LLP

October 4, 2019, 4:24pm by Samantha Chen (Staff)
External Message   Hide Public

My office represents the City of Vallejo (the “City”) in connection with the City’s response to your PRA Request sent and received on September 12, 2019. I have been authorized by our client to provide a determination on your request for records.

 

Under certain circumstances, the City may take a 14-day extension of the standard 10-day time period provided under the PRA for making its determination on a request for records. Regarding your request, the City is taking this time extension pursuant to Government Code Section 6253, subdivision (c), which states in part:

 

“..In unusual circumstances, the time limit prescribed in this section may be extended by written notice by the head of the agency or his or her designee to the person making the request setting forth the reasons for the extension and the date on which a determination is expected to be dispatched…As used in this section, ‘unusual circumstances’ means, but only to the extent reasonably necessary to the proper processing of the particular request: … (1) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request.”

 

In accordance with the above quoted section of the PRA, please be advised that this letter serves as written notice that the City is taking the allowed extension of the standard 10 day time period for providing its determination on your records request. City staff will notify you in writing with a determination on your request no later than October 7, 2019 (October 6, 2019 is a Sunday).

 

In addition, the Public Records Act requires local government agencies to assist members of the public to identify records and information that are responsive to their requests. (Gov. Code § 6253.1, subd. (a)(1).) In an effort to expedite your request, minimize the City’s search for extraneous records, and in compliance with the City’s obligation pursuant to Gov. Code § 6253.1, subd. (a)(1) to help you identify records and information responsive to your request, the City asks that you provide a time frame for the records you seek.

 

We look forward to receiving the additional information requested above to assist City staff members in fulfilling your request. Please be assured that City staff members will make every effort to respond effectively to your request.

 

Samantha Chen

for BEST BEST & KRIEGER LLP

September 19, 2019, 12:21pm by Samantha Chen (Staff)
Request Published Public
September 12, 2019, 8:10am by Joni Brown, Administrative Analyst I
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Officially Receiving PRA Request

I have received your request for a public record.

The California Public Records Act, Government Code §6250, et seq., gives you the right to obtain a copy of identifiable public records. Government Code §6253(c) provides that the City has up to 10 days after receipt of your request to determine whether to comply with your request and shall immediately notify you of this determination and the reasons therefor.

I will notify you in writing of the City’s determination. Please do not hesitate to contact me if you have any questions.

September 12, 2019, 8:10am by Joni Brown, Administrative Analyst II (Staff)
Department Assignment Public
Police Department
September 12, 2019, 12:16am
Request Opened Public
Request received via web
September 12, 2019, 12:16am