Request #19-700
  Open

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. For any litigation that has been finally adjudicated or otherwise settled which involves the Vallejo Police Department or its personnel, records of all communications between the city and the adverse party, including but not limited to the text and terms of any settlement.

 

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 Public

A personal cell phone number was redacted from the second production.

February 17, 2020, 6:28pm by Samantha Chen (Staff)
Document(s) Released   Details Public
Re Updated Stip to Dismissal.msg
RE Lawrence Lee - Last best final.msg
SETTLEMENT AGREEMENT AND RELEASE GILLAM.pdf
settlement Agreement.msg
settlement Agreement_Redacted.pdf
Stipulation for Dismissal - Monell.msg
Verna.07-29-15 (STL check).pdf
00032569.pdf
00036079.pdf
00036167.pdf
00036169.pdf
00043050.pdf
00045204.pdf
00046273.pdf
00046458.pdf
00046547.pdf
00054397.pdf
00054659.pdf
00066399.PDF
00074386.pdf
00076264.pdf
00076292.pdf
00108620.pdf
Activity in Case 213-cv-00916-JAM-KJN Huey et al. v. City of Vallejo et al. Minute Order..msg
Barrett v. City of Vallejo et al. (213-CV-007846).msg
FAX_20161130_1480542404_141.pdf
FW Barrett Settlement Agreement and Release.msg
FW Huey v Vallejo Release (Executed).msg
FW Barrett Settlement Agreement and Release.msg
Gillam v COV Dismissal Draft.msg
Huey - Settlement Agreement Status.msg
Huey - Status of Settlement.msg
Huey Case.msg
Huey et al. v. City of Vallejo et al. USDC E.D. Sacramento Divison Case No. 213-CV-00916-WBS-KJN .msg
Huey Settlement Status.msg
Huey v Vallejo Release (Executed).msg
IDC v. City of Vallejo et al. - Settlement.msg
L14-0307 Gillam Marvin v City of Vallejo et al .msg
L16-0080 Dees Nicholas v Coleman Josh et al .msg
Re Huey - Status of Settlement.msg
Re Huey Case.msg
RE Huey Settlement - Release of Lien (Siegel & Yee).msg
Re L12-0112 Huey Michael et al v City of Vallejo et al (CJPRMA) (Jared Huey).msg
RE Michael Huey v City of Vallejo Settlement Demand 2.msg
RE Michael Huey v City of Vallejo Settlement Demand.msg
RE settlement Agreement.msg
Re Stipulation for Dismissal - Monell.msg
February 17, 2020, 6:02pm by Samantha Chen
External Message Public

The City is releasing its second set of records responsive to your request today.  It anticipates having its third set of records to you by March 16, 2020.  Thank you.

February 17, 2020, 6:01pm by Samantha Chen (Staff)
External Message   Hide Public

Dear Open Vallejo,

 

The City is releasing its first set of records responsive to your request today.  It anticipates having more records to you by February 17, 2020.  Thank you.

 

Samantha Chen

January 15, 2020, 3:58pm by Samantha Chen (Staff)
Document(s) Released   Details Public
00016850.pdf
00020763.pdf
00021873.pdf
00023343.pdf
00023631.pdf
confidential.pdf
copeland file.pdf
L12-0109 Nichols Eric et al. v. City of Vallejo et al. (CJPRMA).msg
Ltr Re Mediation for Bolton.pdf
mcpeters.pdf
Nichols Eric et al. v. City of Vallejo et al. (CJPRMA).msg
Re Tan v. City of Vallejo.msg
Settlement .msg
00001394.pdf
00001897.pdf
00003006.pdf
00003015.PDF
00003623.pdf
00004269.pdf
00004796.pdf
00011021.pdf
00011126.pdf
00011144.pdf
00011792.pdf
00013590.pdf
00016667.pdf
00016813.pdf
January 15, 2020, 3:45pm by Samantha Chen
External Message   Hide Public
Dear Ms. Chen: The disclosure timeframe you describe is reasonable. We look forward to receiving these records. We are always happy to work with the city to come up with reasonable disclosure timelines that do not unduly burden staff. Should the need arise, please do not hesitate to be in touch.
December 14, 2019, 2:00pm by the requester via email
Document(s) Released Public
011315 CC Agenda Packet.pdf
Agenda Packet.pdf
Powerpoint.pdf
December 14, 2019, 11:01am by Samantha Chen
External Message   Hide Public

Dear Open Vallejo,

 

With regard to the December 3, 2019 City Council Special meeting, here are some clarifying points. The City Attorney held a training for the Council on records access and management. The training addressed the updated Public Records Access and Management Policy for City of Vallejo Officials.

 

The Policy extends the purge cycle for City Official emails from 90 days to 2 years. This means that emails stored in a City Official’s inbox will be stored for longer than the previous policy set forth.

 

This retention period is in accordance with Secretary of State Guidelines and relevant statutory authorities. The City, like all other cities, has a schedule for records retention and destruction.

 

For your reference, I’m attaching the December 3, 2019 materials and the January 13, 2015 policy so that there is no confusion.

 

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 in accordance with the following production schedule (rather than January 29 as previously stated): January 15, 2020, February 17, 2020, and March 16, 2020. 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 dates.

 

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

 

Samantha Chen

for BEST BEST & KRIEGER LLP

December 14, 2019, 11:00am by Samantha Chen (Staff)
External Message   Hide Public
Dear Ms. Chen: Our request for records of communications between the city and adverse parties in finalized litigation is neither vague nor overbroad. Rather, our request is based on the Vallejo Sunshine Ordinance's definition of one of several categories of "non-exempt" records. Vallejo Municipal Code 2.08.090(C). That language clarifies that "all" such records are releasable. *Id. *The Sunshine Ordinance "is intended to ensure that … the city's operations are open to the public to the full extent permitted by law." VMC 2.08.010(B). It "is intended in part to clarify *and supplement *the Ralph M. Brown Act, Govt. Code, Sections 54950, et seq., and the California Public Records Act, Govt. Code, Sections 6250, et. seq. to assure that the people of the city of Vallejo can be fully informed and thereby retain control over the instruments of local government in their city." VMC 2.08.010(C) (emphasis added). On December 3, 2019, the city formalized a policy to automatically destroy certain email records. We wish to acquire, archive, and preserve these public records, and any other correspondence that is disclosable pursuant to the CPRA and/or the Vallejo Municipal Code, and make these records available to their owners, the people of Vallejo. There exists a deep and abiding public interest these records, which must be disclosed in their entirety. VMC 2.08.090(C) (defining "records of *all* communications between the city and the adverse party" as non-exempt, and commanding that such records "shall be subject to disclosure.") (Emphasis added.) Disclosure of these records may reveal: how the City of Vallejo came to pay so much money in settlements ($10.1 in civil rights settlements since 2003 alone) that it left its regional insurance pool after 31 years; the Vallejo Police Department's past practices and liabilities, and what they can reveal about the city's future; the performance of the city attorney over the course of her career with the city, and what it means for her successor; and so on. The public can only undertake these and other assessments if the requested records are made available to them. The CPRA and the Vallejo Sunshine Ordinance both anticipate, and require, such disclosure. If the city does not disclose these records, it will nonetheless need to locate and preserve them, so we may be afforded an opportunity to file for a writ of mandate. As in all other matters, we prefer a collaborative relationship to compulsory proceedings. With regard to your clarifying questions, please see below. *Are you seeking records from litigation between the City and third parties that involve the Vallejo Police Department? * Yes. *Or records in litigation between the City and Vallejo Police Department personnel?* Yes. *What is the timeframe for the records?* We seek all disclosable records in the city's possession. As we noted in our initial request, we would prefer rolling disclosures, starting with 2019 and going backward in time. This should also help ease any potential burden on city staff, as will their categorically non-exempt status. As always, we are more than willing to work with staff and/or counsel to balance the city's other legitimate interests with the timely disclosure of these public records. *What types of communications?* We seek any email, voicemail, instant message, text message, other written or recorded audio communication, or any other record "prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics to which the request applies," if it is within the scope of Vallejo Municipal Code 2.08.090(C). As above, the city is advised not to destroy any record that may be responsive to this request.
December 8, 2019, 12:49pm by the requester via email
External Message   Hide Public

Dear Open Vallejo,

 

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.

 

As with PRA 19-699, 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 is the timeframe for the records? What types of communications?

 

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. Due to the vagueness and over breadth of this request, it is difficult for staff to locate responsive records.

 

Given the potential 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, 5:08pm by Samantha Chen (Staff)
Request Published Public
November 27, 2019, 7:17pm by Dawn Abrahamson, City Clerk
Department Assignment Public
Removed: All Other Departments.
November 27, 2019, 7:17pm by Dawn Abrahamson, City Clerk
Department Assignment Public
All Other Departments
November 27, 2019, 5:39pm
Request Opened Public
Request received via web
November 27, 2019, 5:39pm