Berkeley Police Twitter Activity

Jason Paladino filed this request with the Berkeley Police Department of Berkeley, CA .
Est. Completion Sept. 4, 2018
Status
Fix Required

Communications

From: Jason Paladino


To Whom It May Concern:

Pursuant to the California Public Records Act, I hereby request the following records:

1. Email communications, Twitter messages and text messages between department personnel regarding decision to publish photos, names, and cities of people arrested during the protest in Berkeley on August 5th, 2018 on the Department's official Twitter, and email communications, twitter messages and text messages regarding the decision to delete the tweets.
2. Email communications between personnel of the police department and the City of Berkeley (emails with suffix: "@cityofberkeley.info") Regarding decision to publish photos of arrested protestors and subsequent decision to remove tweets.
3. Email communication regarding the Berkeley Police Department's Dropbox account, lists of submitted files to Dropbox account.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Jason Paladino

From: Berkeley Police Department

Good morning Mr. Paladino,

This email is in response to your California Public Records Act request below. The City of Berkeley is extending the response period by fourteen additional calendar days to September 3, 2018, based on the need for consultation with two or more components of the agency having substantial subject matter interest therein. Gov't Code §6253(c)(3). However, since September 3 is a Federal holiday, the response deadline is being extended to September 4, 2018.

Thank you,

Lester A. Valderas | Paralegal
City of Berkeley, City Attorney's Office
2180 Milvia St., 4th Floor, CA 94704
Phone: (510) 981-6984 Fax: (510) 981-6960
Email: lvalderas@cityofberkeley.info

From: Berkeley Police Department

Good morning Mr. Paladino,

Please see the attached response to your CPRA request.

Thank you,

Lester A. Valderas | Paralegal
City of Berkeley, City Attorney's Office
2180 Milvia St., 4th Floor, CA 94704
Phone: (510) 981-6984 Fax: (510) 981-6960
Email: lvalderas@cityofberkeley.info

From: Jason Paladino

Lester,
Thanks again for the call. Please see the link and attached files.
https://mic.com/articles/191310/emails-show-berkeley-police-has-a-policy-of-tweeting-photos-and-info-of-arrested-protesters#.x4I2UyPhL

I believe my request was improperly denied. I hope a full search can be done for records that I describe in the original request. The CPRA covers social media accounts, and emails even if on personal devices.

Best,
Jason Paladino
530-414-1459

From: Berkeley Police Department

Good morning Jason,

Firstly, I want to clarify that your PRA request was not denied. Rather, responsive records were withheld due to them being exempt from disclosure under the California Public Records Act. I have reviewed the documents you sent me that BPD produced in response to a PRA request sent by purplecovers@protonmail.com<mailto:purplecovers@protonmail.com>. I do not believe that the emails produced from that request are responsive to your PRA request. The request by purplecovers@protonmail.com<mailto:purplecovers@protonmail.com> sought BPD documents relating to existing policies regarding the releasing of arrestees’ photos. Your request sought the communications regarding the decision making process that led to the publishing/removal of tweets. As stated in the City’s response to your PRA, those decision making communications are protected under the attorney-client and deliberative process privilege.

Thank you,

Lester A. Valderas | Paralegal
City of Berkeley, City Attorney’s Office
2180 Milvia St., 4th Floor, CA 94704
Phone: (510) 981-6984 Fax: (510) 981-6960
Email: lvalderas@cityofberkeley.info

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