Request #20-79
  Open

February 6, 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.

 

  • All visual or audio records, including but not limited to surveillance footage, CCTV footage, body-worn camera video, cell phone video, photograph, or any other visual or audio record that depicts any portion of the following:

    • Any interaction, including any verbal or nonverbal interaction, between Lt. Michael Nichelini and journalist Otis R. Taylor, Jr. at or around Vallejo City Hall on November 12, 2020. You may limit your search to records created prior to 6:00 p.m. on that day.

    • Any interaction, including any verbal or nonverbal interaction, between Lt. Michael Nichelini and civil rights attorney Melissa Nold at or around Vallejo City Hall on January 14, 2020. You may limit your search to records created after 3:00 p.m. on that day.

    • Any interaction, including any verbal or nonverbal interaction, between Lt. Michael Nichelini and civil rights attorney Melissa Nold at or around Vallejo City Hall on September 24, 2019. You may limit your search to records created after 3:00 p.m. on that day. You may exclude body camera footage previously disclosed to this news organization.

 

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 7, 2020 via web


Departments

Police Department, All Other Departments


Requester

Open Vallejo

Documents

Public

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Staff

Point of Contact

Joni Brown

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 March 2, 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

February 18, 2020, 3:35pm by Samantha Chen (Staff)
Department Assignment Public
Added: Police Department.
February 10, 2020, 1:36pm by Joni Brown, Administrative Analyst II
Request Published Public
February 7, 2020, 10:42am by Dawn Abrahamson, City Clerk
Department Assignment Public
All Other Departments
February 7, 2020, 1:01am
Request Opened Public
Request received via web
February 7, 2020, 1:01am