Rejected personalized (aka "vanity) license plates in 2013 (California)

Shawn Musgrave filed this request with the Department of Motor Vehicles of California.
Tracking #

PRA-14-097

Status
Completed

Communications

From: Shawn Musgrave

To Whom It May Concern:

Pursuant to the California's Sunshine Amendment (Cal. Const. Art. I, § 3(b)), I hereby request the following records:

A list of all personalized license plate number applications that were rejected for the year 2013.

If available I am also looking for:

-The reason for the rejection of the personalized plate.
-The vehicle make and model.
-The City and County where the applicants vehicle would be registered.

I am NOT looking for any personal identifiable information such as first and last name, street number, street name.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, 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,

Shawn Musgrave

From: Shaw, Aimee M@DMV

May 16, 2014

VIA EMAIL ONLY

requests@muckrock.com<mailto:requests@muckrock.com>

MuckRock News

DEPT MR 11655

PO Box 55819

Boston, MA 02205-5819

Re: Public Records Act Request by Shawn Musgrave
PRA-14-097
Personalized License Plates Denied in 2013

Dear Mr. Musgrave:

The Department of Motor Vehicles acknowledges receipt of your letter dated and received via facsimile on May 7, 2014, submitted under the Freedom of Information Act and California's Sunshine Amendment. We will treat your request for the information listed below as a request pursuant to the California Public Records Act (Government Code section 6250 et seq.).

Government Code section 6253, subdivision (c), allows the Department a fourteen (14) day extension to respond to your Public Records Act request to evaluate your request and gather documents from more than one location. Accordingly, the Department will inform you of its decision within fourteen (14) days from the date of this letter.

If you have any questions, please feel free to contact me at your convenience.

Sincerely,

AIMEE SHAW
Staff Counsel

Aimee Michelle Shaw
Staff Counsel
Department of Motor Vehicles

916.657.6469 Main
916.657.6243 Fax
Aimee.Shaw@dmv.ca.gov<mailto:Aimee.Shaw@dmv.ca.gov>

2415 First Avenue
MS C-128
Sacramento, CA 95818

Confidentiality Notice
This e-mail, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential, privileged, or otherwise protected information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy all copies of the original.

From: Shaw, Aimee M@DMV

May 21, 2014

VIA EMAIL ONLY

requests@muckrock.com

MuckRock News

DEPT MR 11655

PO Box 55819

Boston, MA 02205-5819

Re: Public Records Act Request by Shawn Musgrave
PRA-14-097
Personalized License Plates Denied in 2013

Dear Mr. Musgrave:

The California Department of Motor Vehicles further responds to your letter dated and received via facsimile on May 7, 2014, submitted under the Freedom of Information Act and California's Sunshine Amendment. We will treat your request for the information listed below as a request pursuant to the California Public Records Act (Government Code section 6250 et seq.).

1. "A list of all personalized license plate number applications that were rejected for the year 2013."

2. "The reason for the rejection of the personalized plate."

3. "The vehicle make and model."

4. "The City and County where the applicants vehicle would be registered."

In response to paragraphs #1 and #2, the Department will mail the requested documents upon receipt of a check in the amount of one-thousand-eight-hundred-seventy-nine dollars and seventy-two cents ($1,879.72) payable to the DMV for the statutory fee, which shall be mailed to:

Department of Motor Vehicles
Legal Affairs Division, C-128
P.O. Box 932382
Sacramento, CA 94232-3820
Attention: AIMEE SHAW

California Government Code Section 6253, subdivision (b), provides that the state agency make the identifiable public records available "upon payment of fees covering the direct costs of duplication, or a statutory fee, if applicable." California Vehicle Code section 1811 allows the Department of Motor Vehicles to charge "at least the entire actual cost to the department of the copies." See also Shippen v. DMV (1984) 161 Cal.App.3d 1119.

In response to paragraphs #3 and #4, there are no identifiable documents responsive to these two requests.

If you have any questions, please feel free to contact me at your convenience. If the Department does not receive payment for the requested documents within thirty (30) days, we will be closing our file in this matter and the copies of the documents will be purged.

Sincerely,

AIMEE SHAW
Staff Counsel

Aimee Michelle Shaw
Staff Counsel
Department of Motor Vehicles

916.657.6469 Main
916.657.6243 Fax
Aimee.Shaw@dmv.ca.gov<mailto:Aimee.Shaw@dmv.ca.gov>

2415 First Avenue
MS C-128
Sacramento, CA 95818

Confidentiality Notice
This e-mail, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential, privileged, or otherwise protected information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy all copies of the original.

From: Shawn Musgrave

Ms. Shaw -

Thank you for your response, and apologies for the delay in following up. Can you clarify or explain why this request will cost so much to fulfill? Several states have provided the same information at substantially lower cost or for free.

Thanks,
Shawn

From: Shaw, Aimee M@DMV

Mr. Musgrave,

I can understand your confusion and possible frustration. However, each state has its own statutory laws that affect how information requests are handled. California Government Code Section 6253, subdivision (b), provides that the state agency make the identifiable public records available "upon payment of fees covering the direct costs of duplication, or a statutory fee, if applicable." California Vehicle Code section 1811 allows the Department of Motor Vehicles to charge "at least the entire actual cost to the department of the copies." See also Shippen v. DMV (1984) 161 Cal.App.3d 1119.

Additionally, our database does not have the information you requested readily available. Rather, employees have to hand-pull the documents and make copies, which is why the cost is higher than what you may have experienced in some other states.

I hope this information is helpful to you in understanding the reasons behind the cost.

Thank you,

Aimee

Aimee Michelle Shaw
Staff Counsel
Department of Motor Vehicles

916.657.6469   Main
916.657.6243   Fax
Aimee.Shaw@dmv.ca.gov

2415 First Avenue
MS C-128
Sacramento, CA  95818

Confidentiality Notice
This e-mail, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential, privileged, or otherwise protected information.  Any unauthorized review, use, disclosure or distribution is prohibited.  If you are not the intended recipient, please contact the sender and destroy all copies of the original.

From: Shawn Musgrave

Ms. Shaw -

Thank you for explaining. It is my understanding that this information is held on a mainframe computer within DMV, as well as in individual files. Is this the case?

-Shawn

From: Shaw, Aimee M@DMV

Mr. Musgrave,

Unfortunately, rejected plates are not maintained on the mainframe. Rather, the mainframe has vehicles that are currently registered. I hope this information provides more clarity.

Thank you,

Aimee

Aimee Michelle Shaw
Staff Counsel
Department of Motor Vehicles

916.657.6469   Main
916.657.6243   Fax
Aimee.Shaw@dmv.ca.gov

2415 First Avenue
MS C-128
Sacramento, CA  95818

Confidentiality Notice
This e-mail, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential, privileged, or otherwise protected information.  Any unauthorized review, use, disclosure or distribution is prohibited.  If you are not the intended recipient, please contact the sender and destroy all copies of the original.

From: Shawn Musgrave

Hello,

Please clarify whether ABC 10 obtained a codified Excel spreadsheet of the information requested here via CPRA request.

For reference, see the ABC10 story here (spreadsheet available for download in the middle of the article): http://www.10news.com/news/investigations/vanity-plates

I respectfully request a response at your earliest convenience, as I remain skeptical that appropriate fees are being estimated.

Respectfully,
Shawn

From: Department of Motor Vehicles

A cover letter granting the request and outlining any exempted materials, if any.

From: Department of Motor Vehicles

A copy of documents responsive to the request.

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From: Shaw, Aimee M@DMV

Mr. Musgrave,

The Department reviewed both your file and the article you cited below, and it appears that there was some confusion during the processing of your records request. As a result, the Department has elected to waive the cost of the documents under these circumstances. Due to the volume of files, the documents were transferred to a disc and will be mailed to you today.

If you have any questions, please feel free to contact me at your convenience.

Sincerely,

Aimee

Aimee Michelle Shaw
Staff Counsel
Department of Motor Vehicles

916.657.6469   Main
916.657.6243   Fax
Aimee.Shaw@dmv.ca.gov

2415 First Avenue
MS C-128
Sacramento, CA  95818

Confidentiality Notice
This e-mail, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential, privileged, or otherwise protected information.  Any unauthorized review, use, disclosure or distribution is prohibited.  If you are not the intended recipient, please contact the sender and destroy all copies of the original.

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