Request #19-699
  Closed

November 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.

 

  1. Any written settlement agreement and any documents attached to or referenced in the settlement agreement involving the Vallejo Police Department or its personnel.

  2. Any jury award, invoice, check, payment, award of fees or costs, award of attorneys’ fees or costs, monetary sanction, or other record relating to the settlement or adjudication of a matter involving the Vallejo Police Department or its personnel.

 

We would appreciate that this request be processed using rolling disclosures.

 

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 immediately publish this request and all correspondence between the city 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

November 27, 2019 via web


Departments


Requester

Open Vallejo

Documents

Public

(loading...)

Staff

Point of Contact

Vanessa Garcia, Law Office Supervisor

External Message   Hide Public

What documents are you interested in "beyond signed settlement agreements?" Documents attached to or referenced in settlement agreements are attached to the settlement agreements. 

 

You state you seek records from a greater date range.  What date range is that?

 

Could you specify what records you are seeking that are not in the responsive records we have pointed you to?  Note, the public has access to court dockets and agenda packets where certain settlement agreement documents are located- have you checked records available in the public domain for what you seek?

 

We need more specificity so that City staff are not repeating efforts made in responding to similar requests, and spending taxpayer-funded time on unproductive searches.

 

We changed the visibility to 16-60 and have been reminding staff to continue to make responses public.  Thanks.

January 7, 2020, 12:22pm by Samantha Chen (Staff)
External Message   Hide Public
Dear Ms. Chen, We tried to access request number 16-60 and received the following message: "Access to this request is limited to staff & the requester." Moreover, this request (number 19-699) seeks records beyond signed settlement agreements. And it covers records from a greater date range than the city has produced. Please disclose all of the requested records. Thank you.
December 27, 2019, 8:07pm by the requester via email
Request Closed Public
December 19, 2019, 2:09pm by Samantha Chen
External Message   Hide Public

Dear Open Vallejo,

 

All records responsive to your request can be found in the City's responses to prior Public Records Act requests.  These requests are numbered:

 

  • 16-60
  • 18-17
  • 18-24
  • 18-123
  • 19-66
  • 19-283
  • 19-311
  • 19-369
  • 19-426
  • 19-665

 

Please feel free to let me know if you have any questions.  Thank you.

 

Samantha Chen

December 19, 2019, 2:08pm by Samantha Chen (Staff)
External Message   Hide Public

Dear Open Vallejo,

 

The City has identified records that appear to respond to your request. However, the City requests that you clarify and narrow your request in accordance with Government Code § 6253.1(a)(1), for a more effective and focused request.

 

It is unclear what type of litigation you are seeking settlement records for. Are you seeking records from litigation between the City and third parties that involve the Vallejo Police Department? Or records in litigation between the City and Vallejo Police Department personnel? What years of records are you looking for?

 

Please provide this clarifying information so that the City may expedite your request and minimize its search for records in which you are not interested. As written, this request requires an enormous amount of staff time and resources.

 

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 any exemptions by January 29, 2019. Please respond to our request for clarifying information by December 13, 2019.

 

 

Thank you,

Samantha Chen

for BEST BEST & KRIEGER LLP

December 6, 2019, 3:46pm by Samantha Chen (Staff)
Request Published Public
November 27, 2019, 7:18pm by Dawn Abrahamson, City Clerk
Department Assignment Public
Removed: All Other Departments.
November 27, 2019, 7:18pm by Dawn Abrahamson, City Clerk
Department Assignment Public
All Other Departments
November 27, 2019, 5:37pm
Request Opened Public
Request received via web
November 27, 2019, 5:37pm