Request #20-75
  Closed

February 4, 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:

  • Any correspondance (email, text messages, handwritten letters, typed letters, faxes) sent (electronic or otherwise) between Mayor Bob Sampayan, City Attorney Claudia Quintana, City Manager Greg Nyhoff, Police Chief Shawny Willams, Interim Chief Joe Allio and the California Attorney General Xavier Bacerra.
  • Any correspondence (email, text messages, handwritten letters, typed letters, faxes) sent (electronic or otherwise) between Mayor Bob Sampayan, City Attorney Claudia Quintana, City Manager Greg Nyhoff, Police Chief Shawny Willams, Interim Chief Joe Allio and the US Attorney General William Barr.
  • Any correspondence (email, text messages, handwritten letters, typed letters, faxes) sent (electronic or otherwise) between Mayor Bob Sampayan, City Attorney Claudia Quintana, City Manager Greg Nyhoff, Police Chief Shawny Willams and/or Interim Chief Joe Allio with the following words in the subject, body or attachment of said correspondence:
    • Department of Justice
    • Consent Decree
    • Receivership
    • Negotiate Settlement Agreement
    • Reform(s)
    • Accountability

I order to narrow the scope of your search, you may limit it to July 2019 to present.

This request includes records involving private as well as public accounts, accounts and infrastructure. 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

February 4, 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 13, 2020, 3:04pm by Samantha Chen
External Message   Hide Public

Any documents that would be responsive to this request would be protected from disclosure by the deliberative process privilege and public interest exemption pursuant to Government Code section 6255.

February 13, 2020, 3:04pm by Samantha Chen (Staff)
External Message   Hide Public
Dear Ms. Chen: We did not file this request, which should be clear on its face. Among other things, the requester misspelled California Attorney General Xavier Becerra's last name. While a news organization might lawfully seek the requested records for purposes of informing the public, in context the request raises serious concerns about certain city employees' commitments to upholding state and federal law. Specifically, this fraudulent and infringing request abuses our intellectual property for the apparent purpose of obstructing ongoing federal civil rights litigation, a potential state Department of Justice investigation, and/or a potential U.S. Department of Justice investigation. Moreover, after it was announced last night that Open Vallejo won a Society of Professional Journalists James Madison Award , someone began impersonating specific, identifiable individuals who responded to that announcement online. The facts demonstrate this impersonation was carried out with an intent to harm, intimidate, threaten, or defraud. That is a crime. Please ensure the City of Vallejo preserves all evidence relating to this and roughly two dozen other fraudulent requests misappropriating our intellectual property, harassing our readers, and attempting to intimidate journalists, as well as any other online impersonation that has occurred. To be clear, this evidence preservation demand relates to any evidence of potential trademark infringement, First Amendment violations, or other constitutional or statutory violations, including but not limited to potential criminal activity. We respectfully submit this may be an issue of interest to Chief Williams. He appears to be a professional who would not condone insubordination by senior officers, nor take kindly to seeing his department and profession dishonored. Nor, we hope, would he wish to see the Vallejo Police Department continue its deliberate indifference to the clearly-established rights of the public, or of the press. NextRequest, please ensure your company also preserves all evidence relating to this matter, and any other matter we have previously identified. Thank you.
February 7, 2020, 1:35pm by the requester via email
Department Assignment Public
Added: Police Department.
February 5, 2020, 4:55pm by Joni Brown, Administrative Analyst II
Request Published Public
February 5, 2020, 9:41am by Dawn Abrahamson, City Clerk
Department Assignment Public
All Other Departments
February 4, 2020, 10:04pm
Request Opened Public
Request received via web
February 4, 2020, 10:04pm