Request #20-19
  Closed

January 9, 2020

 

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 letter, memorandum or similar record regarding the state of the Vallejo Police Department (VPD) that was prepared by Interim Chief Joseph Allio and conveyed, directly or indirectly, to any of the following individuals:

 

a. Police Chief Shawny Williams, regardless of whether he had yet assumed office.

b. The city manager.

c. The mayor and/or any member of the city council.

 

2. Any record prepared by Chief Allio regarding:

 

a. Performance issues within VPD.

b. Areas for growth or improvement.

c. Comments about accountability.

d. Comments about the Vallejo Police Officers’ Association.

e. “Cliques” or other groupings of officers.

 

3. Any letter, memorandum or similar record regarding the Vallejo Police Department that was prepared by Interim Chief Joseph Allio and conveyed, directly or indirectly, to any of the following individuals:

 

a. Police Chief Shawny Williams, regardless of whether he had assumed office.

b. The city manager. 

c. The mayor and/or any member of the city council.

 

4. Any record prepared by the city manager or his staff, created within two weeks before or after Chief Allio’s tenure as interim chief, and which is regarding:

 

a. Performance issues within VPD.

b. Areas for growth or improvement.

c. Comments about accountability.

d. Comments about the Vallejo Police Officers’ Association.

e. “Cliques” or other groupings of officers.

 

5. Any record prepared by Shawny Williams or his staff regarding:

 

a. Performance issues within VPD.

b. Areas for growth or improvement.

c. Comments about accountability.

d. Comments about the Vallejo Police Officers’ Association.

e. “Cliques” or other groupings of officers.

 

This request includes records 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 2015 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

January 9, 2020 via web


Departments

Police Department, All Other Departments


Requester

Open Vallejo

Documents

Public

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Staff

Point of Contact

Samantha Chen

Request Closed Public
February 25, 2020, 9:51am by Samantha Chen
External Message   Hide Public

City staff have conducted an extensive search and did not locate any documents responsive to your records request. Please be assured that City staff members made every effort to respond effectively to your request.  The City deems this request complete.  Thank you.

February 25, 2020, 9:50am by Samantha Chen (Staff)
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The documents we have reviewed so far, from a set of documents we identified as possibly responsive, are not responsive to your request.  We will provide you any disclosable records subject to any exemptions, if any, by March 16, 2020.

February 24, 2020, 5:04pm by Samantha Chen (Staff)
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The City has identified records that appear to respond to your request.  Given the need to review a great volume of records for information exempt from disclosure under the PRA, the City will provide disclosable records to you subject to exemptions by February 24, March 16, and  April 6, 2020 .  If we are able to make the records available prior to this, we will do so. Likewise, if we require additional time to complete the review and redaction, if necessary, of any further responsive documents, we will notify you in writing on or before then.  Thank you.

 

Samantha Chen

for BEST BEST & KRIEGER LLP

February 3, 2020, 5:46pm by Samantha Chen (Staff)
External Message   Hide Public

The City has received your PRA request.

 

Your request will require City staff to search for, collect and examine a large number of documents to locate responsive records. Under the PRA, a request which creates a need to search for, collect and appropriately examine a “voluminous amount of separate and distinct records” is one of the conditions that creates “unusual circumstances.” (Government Code section 6253(c)(2).) Under such circumstances, the City may take an extension of the standard 10-day time period provided under the PRA for making its determination on a request for records.

 

In accordance with the above quoted section of the PRA, please be advised this letter serves as written notice that the City is taking an extension of the standard 10 day time period for providing its determination on the items you have requested. We will notify you in writing with a determination on your request no later than February 3, 2020.  Thank you for your patience, and please feel free to contact me at should you have any questions or concerns.

 

Samantha Chen

for BEST BEST & KRIEGER LLP

January 19, 2020, 11:26pm by Samantha Chen (Staff)
Department Assignment Public
Added: Police Department.
January 13, 2020, 11:37am by Joni Brown, Administrative Analyst II
Request Published Public
January 10, 2020, 9:59am by Dawn Abrahamson, City Clerk
Department Assignment Public
All Other Departments
January 9, 2020, 6:16pm
Request Opened Public
Request received via web
January 9, 2020, 6:16pm