Traditionalist Worker Party Demonstration

Office of Community Outreach and Media Relations
P.O. Box 942898
Sacramento, CA 94298-0001
(916) 843-3310
(800) 735-2929 (TT/TDD)
(800) 735-2922 (Voice)

July 11, 2016

File No.: 013.A13673.A16501.2016-25

Sent via e-mail

Dave Maass
MuckRock
DEPT MR 26016
411A Highland Ave
Somerville, MA 02144-2516
requests@muckrock.com<mailto:requests@muckrock.com>

Re: California Public Records Act (CPRA) Request, dated June 29, 2016

Dear Mr. Maass:

The Department of California Highway Patrol (Department) received your request for public records pursuant to the California Public Records Act (CPRA) (Gov. Code, § 6250 et seq.).

In your request, dated June 29, 2016, you asked for copies of the following records:

Records related to the Traditionalist Worker Party demonstration that occurred at the California State Capitol on June 26, 2016:

· Permit application for the demonstration

· Granted permit for the demonstration

· Communications between CHP and permit applicants

· Communications between CHP and counter protesters

· Communications between CHP and Sacramento PD regarding the demonstration

· Communications between CHP and the Mayor of Sacramento and Sacramento City Councilmembers regarding the demonstration

· Communications between CHP and members of the California legislature regarding the demonstration

· Calls for service, incident reports, and arrest reports related to the demonstration and property damage

· Documents indicating costs of providing security at event (such as overtime)

· All policies that governed response to the demonstration, such as policies for use of force, demonstrations at the capitol, and mass casualty response plans

· Communications between CHP and the National Lawyers Guild regarding the demonstration
The Department is determining whether you seek copies of disclosable public records in the Department's possession. This will require Department staff from the Office of Community Outreach and Media Relations to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request. Accordingly, the Department is extending its 10-day response timeframe by an additional 14 days, as authorized by Government Code section 6253, subdivision (c).

On or before Monday, July 25, 2016, the Department will notify you of its determination regarding your request. If you have any questions related to the content of this notification, please direct them to this office.

Sincerely,

F. CLADER
Director of Communications

Office of Community Outreach and Media Relations
P.O. Box 942898
Sacramento, CA 94298-0001
(916) 843-3310
(800) 735-2929 (TT/TDD)
(800) 735-2922 (Voice)

July 25, 2016

File No.: 013.A13673.032

Sent via Electronic Mail

Mr. Dave Maass
MuckRock
DEPT MR 26499
411A Highland Avenue
Somerville, MA 02144-2516
requests@muckrock.com<mailto:requests@muckrock.com>

Re: California Public Records Act (CPRA) Request, dated June 29, 2016

Dear Mr. Maass:

The Department of California Highway Patrol (Department or CHP) has reviewed your request under the California Public Records Act (CPRA) (Gov. Code, § 6250 et seq.). On June 29, 2016, you submitted your request. On July 11, 2016, this office acknowledged your request, and extended its 10-day response time frame by an additional 14 days, as authorized by Government Code section 6253, subdivision (c). Please accept this written notice of the Department's records determination.

In your request, you asked for "the following records related to the Traditionalist Worker Party demonstration that occurred at the California State Capitol on June 26, 2016":

· "Permit application for the demonstration"

· "Granted permit for the demonstration"

· "Communication between CHP and permit applicants"

· "Communication between CHP and counter protesters"

· "Communications between CHP and Sacramento PD regarding the demonstration"

· "Communications between CHP and the Mayor Sacramento and Sacramento City Councilmembers regarding the demonstration"

· "Communications between CHP and members of the California legislature regarding the demonstration"

· "Calls for service, incident reports, and arrest reports related to the demonstration and property damage"

· "Documents indicating costs of providing security at event (such as overtime)"

· "All policies that governed response to the demonstration, such as policies for use of force, demonstrations at the capitol, and mass casualty response plans"

· "Communications between CHP and the National Lawyers Guild regarding the demonstration"
The Department has determined that your request, in part, seeks copies of disclosable public records in the Department's possession. The Department is withholding certain records, however, because they are exempt from public disclosure under the CPRA. The Department's records determination is set forth in detail below.

Request Item (1). "Permit application for the demonstration"

The Department has identified a record that is responsive to this request item. However, the Department is withholding this record on the following legal basis:

· Government Code section 6254, subdivision (f)

Request Item (2). "Granted permit for the demonstration"

The Department has identified a record that is responsive to this request item. However, the Department is withholding this record on the following legal basis:

· Government Code section 6254, subdivision (f)

Request Item (3). "Communications between CHP and permit applicants"

The Department has identified records that are responsive to this request item. However, the Department is withholding these records on the following legal basis:

· Government Code section 6254, subdivision (f)

Request Item (4). "Communications between CHP and counter protesters"

Despite a diligent search and reasonable inquiry, the Department did not identify records that are responsive to this request item.

Request Item (5). "Communications between CHP and Sacramento PD regarding the demonstration"

The Department has identified records that are responsive to this request item. However, the Department is withholding these records on the following legal basis:

· Government Code section 6254, subdivision (f)

Request Item (6). "Communications between CHP and the Mayor of Sacramento and Sacramento City Councilmembers regarding the demonstration"

Despite a diligent search and reasonable inquiry, the Department did not identify records that are responsive to this request item.

Request Item (7). "Communications between CHP and members of the California legislature regarding the demonstration"

Despite a diligent search and reasonable inquiry, the Department did not identify records that are responsive to this request item.

Request Item (8). "Calls for service, incident reports, and arrest reports related to the demonstration and property damage"

The Department has identified Computer Aided Dispatch (CAD) logs that are responsive to your request for "calls for service." The Department's criminal investigation, however, is still ongoing. To avoid endangering the successful completion of this investigation, the Department is withholding all information from these logs at this time. The Department is withholding these records on the following legal basis:

· Government Code section 6254, subdivision (f)

As noted, the Department's criminal investigation is still ongoing. Therefore, the Department does not currently possess records that are responsive to your request for "incident reports" and "arrest reports."

Request Item (9). "Documents indicating costs of providing security at event (such as overtime)"

The Department has identified records that are responsive to this request item. The Department will disclose a one-page record entitled, "Cost Analysis." This record lists the number of personnel assigned to the event and the hours expended by rank. However, the Department is withholding all CHP 415, Daily Field Records on the following legal bases:

· Government Code section 6254, subdivision (c)

· Government Code section 6254, subdivision (k), which incorporates Penal Code section 832.7

· Government Code section 6254, subdivision (k), which incorporates the individual's right to privacy under the California Constitution (Cal. Const., art. I, § 1) and the Information Practices Act of 1977 (Civ. Code, § 1798 et seq.)

Request Item (10). "All policies that governed response to the demonstration, such as policies for use of force, demonstrations at the Capitol, and mass casualty response plans"

The Department has identified records that are responsive to this request item. The Department is withholding certain policy records, however, because they detail security procedures, operational guidelines, and tactical considerations. The Department is withholding these policy records on the following legal bases:

· Government Code section 6254, subdivision (f)

· Government Code section 6254, subdivision (k), which incorporates the privilege for official information (Evid. Code, § 1040)

The Department will make redacted copies of the following policies available to you:

i. Highway Patrol Manual (HPM) 50.5, Civil Disturbance Planning and Operations Manual, Chapter 1, Civil Disturbance.

ii. HPM 50.5, Civil Disturbance Planning and Operations Manual, Chapter 2, Operational Guidelines, Paragraph 3, "Use of Force During Crowd Control Incidents," pg. 2-4.

iii. HPM 50.5, Chapter 2, Annex A, "Crowd Management, Intervention, and Control Strategies," pg. 2-9.

iv. HPM 70.6, Officer Safety Manual, Chapter 1, Use of Force.

Request Item (11). "Communications between CHP and the National Lawyers Guild regarding the demonstration"

Despite a diligent search and reasonable inquiry, the Department did not identify records that are responsive to this request item.

******

Attorney Suzanne R. Moser, in the Department's Office of Legal Affairs, is responsible for the legal determinations to withhold certain records from public disclosure.

Page Count and Duplication Fee

In response to your CPRA request, the Department has compiled 17 pages of disclosable records. To offset its duplication costs, the Department currently charges requesters a duplication fee of 30 cents per page of records. Therefore, if you wish to receive this set of records, please forward a check in the amount of $5.10 to the California Highway Patrol, Office of Community Outreach and Media Relations, P.O. Box 942898, Sacramento, CA 94298-0001 (Attention: Janelle F. Dunham). Please make the check payable to the "California Highway Patrol." Once the Department receives this payment, these records will be prepared and mailed to you on an expedited basis.

Sincerely,

F. CLADER
Director of Communications

[Non-Uniform-Janelle]

Office of Community Outreach and Media Relations
P.O. Box 942898
Sacramento, CA 94298-0001
(916) 843-3310
(800) 735-2929 (TT/TDD)
(800) 735-2922 (Voice)

March 20, 2017

File No.: 013.A13673.A16501.2017-16

Sent via e-mail

Dave Maass
MuckRock
DEPT MR 26016
411A Highland Ave
Somerville, MA 02144-2516
requests@muckrock.com<mailto:requests@muckrock.com>

Re: California Public Records Act (CPRA) Request, dated March 9, 2017

Dear Mr. Maass:

The Department of California Highway Patrol (Department) received your request for public records pursuant to the California Public Records Act (CPRA) (Gov. Code, § 6250 et seq.).

In your request, dated March 9, 2017, you asked for copies of the following records:

Records related to the Traditionalist Worker Party demonstration that occurred at the California State Capitol on June 26, 2016:

· Permit application for the demonstration

· Granted permit for the demonstration

· Communications between CHP and permit applicants

· Communications between CHP and counter protesters

· Communications between CHP and Sacramento PD regarding the demonstration

· Communications between CHP and the Mayor of Sacramento and Sacramento City Councilmembers regarding the demonstration

· Communications between CHP and members of the California legislature regarding the demonstration

· Calls for service, incident reports, and arrest reports related to the demonstration and property damage

· Documents indicating costs of providing security at event (such as overtime)

· All policies that governed response to the demonstration, such as policies for use of force, demonstrations at the capitol, and mass casualty response plans

· Communications between CHP and the National Lawyers Guild regarding the demonstration

The Department is determining whether you seek copies of disclosable public records in the Department's possession. This will require Department staff from the Office of Community Outreach and Media Relations to search for and collect the requested records from field facilities or other establishment that are separate from the office processing the request. Accordingly, the Department is extending its 10-day response timeframe by an additional 14 days, as authorized by Government Code section 6253, subdivision (c).

On or before Monday, April 3, 2017, the Department will notify you of its determination regarding your request. If you have any questions related to the content of this notification, please direct them to this office.

Sincerely,

F. CLADER
Director of Communications

[Non-Uniform-Janelle]

Office of Community Outreach and Media Relations
P.O. Box 942898
Sacramento, CA 94298-0001
(916) 843-3310
(800) 735-2929 (TT/TDD)
(800) 735-2922 (Voice)

April 3, 2017

File No.: 013.A13673.A16501.2017-16032

Sent via Electronic Mail

Mr. Dave Maass
MuckRock
DEPT MR 26499
411A Highland Avenue
Somerville, MA 02144-2516
requests@muckrock.com<mailto:requests@muckrock.com>

Re: California Public Records Act (CPRA) Request, dated March 9, 2017

Dear Mr. Maass:

The Department of California Highway Patrol (Department or CHP) has reviewed your request under the California Public Records Act (CPRA) (Gov. Code, § 6250 et seq.). On March 9, 2017, you submitted your request. On March 20, 2017, this office acknowledged your request, and extended its 10-day response time frame by an additional 14 days to April 3, 2017, as authorized by Government Code section 6253, subdivision (c). Please accept this written notice of the Department's records determination.

In your request, you asked for "the following records related to the Traditionalist Worker Party demonstration that occurred at the California State Capitol on June 26, 2016":

· "Permit application for the demonstration"

· "Granted permit for the demonstration"

· "Communication between CHP and permit applicants"

· "Communication between CHP and counter protesters"

· "Communications between CHP and Sacramento PD regarding the demonstration"

· "Communications between CHP and the Mayor Sacramento and Sacramento City Councilmembers regarding the demonstration"

· "Communications between CHP and members of the California legislature regarding the demonstration"

· "Calls for service, incident reports, and arrest reports related to the demonstration and property damage"

· "Documents indicating costs of providing security at event (such as overtime)"

· "All policies that governed response to the demonstration, such as policies for use of force, demonstrations at the capitol, and mass casualty response plans"

· "Communications between CHP and the National Lawyers Guild regarding the demonstration"
The Department has determined that your request, in part, seeks copies of disclosable public records in the Department's possession. The Department is withholding certain records, however, because they are exempt from public disclosure under the CPRA. The Sacramento County District Attorney has advised that release of the documents would endanger successful completion of the investigation.

The Department's records determination is set forth in detail below.

Request Item (1). "Permit application for the demonstration"

The Department has identified a record that is responsive to this request item. However, the Department is withholding this record on the following legal basis:

· Government Code section 6254, subdivision (f)

Request Item (2). "Granted permit for the demonstration"

The Department has identified a record that is responsive to this request item. However, the Department is withholding this record on the following legal basis:

· Government Code section 6254, subdivision (f)

Request Item (3). "Communications between CHP and permit applicants"

The Department has identified records that are responsive to this request item. However, the Department is withholding these records on the following legal basis:

· Government Code section 6254, subdivision (f)

Request Item (4). "Communications between CHP and counter protesters"

Despite a diligent search and reasonable inquiry, the Department did not identify records that are responsive to this request item.

Request Item (5). "Communications between CHP and Sacramento PD regarding the demonstration"

The Department has identified records that are responsive to this request item. However, the Department is withholding these records on the following legal basis:

· Government Code section 6254, subdivision (f)

Request Item (6). "Communications between CHP and the Mayor of Sacramento and Sacramento City Councilmembers regarding the demonstration"

Despite a diligent search and reasonable inquiry, the Department did not identify records that are responsive to this request item.

Request Item (7). "Communications between CHP and members of the California legislature regarding the demonstration"

Despite a diligent search and reasonable inquiry, the Department did not identify records that are responsive to this request item.

Request Item (8). "Calls for service, incident reports, and arrest reports related to the demonstration and property damage"

The Department has identified Computer Aided Dispatch (CAD) logs that are responsive to your request for "calls for service." To avoid endangering the successful completion of this investigation, the Department is withholding all information from these logs at this time. The Department is withholding these records on the following legal basis:

· Government Code section 6254, subdivision (f)

Request Item (9). "Documents indicating costs of providing security at event (such as overtime)"

The Department has identified records that are responsive to this request item. The Department will disclose a one-page record entitled, "Cost Analysis." This record lists the number of personnel assigned to the event and the hours expended by rank. However, the Department is withholding all CHP 415, Daily Field Records on the following legal bases:

· Government Code section 6254, subdivision (c)

· Government Code section 6254, subdivision (k), which incorporates Penal Code section 832.7

· Government Code section 6254, subdivision (k), which incorporates the individual's right to privacy under the California Constitution (Cal. Const., art. I, § 1) and the Information Practices Act of 1977 (Civ. Code, § 1798 et seq.)

Request Item (10). "All policies that governed response to the demonstration, such as policies for use of force, demonstrations at the Capitol, and mass casualty response plans"

The Department has identified records that are responsive to this request item. The Department is withholding certain policy records, however, because they detail security procedures, operational guidelines, and tactical considerations. The Department is withholding these policy records on the following legal bases:

· Government Code section 6254, subdivision (f)

· Government Code section 6254, subdivision (k), which incorporates the privilege for official information (Evid. Code, § 1040)

The Department will make 16 pages of redacted copies of the following policies available to you:

i. Highway Patrol Manual (HPM) 50.5, Civil Disturbance Planning and Operations Manual, Chapter 1, Civil Disturbance.

ii. HPM 50.5, Civil Disturbance Planning and Operations Manual, Chapter 2, Operational Guidelines, Paragraph 3, "Use of Force During Crowd Control Incidents," pg. 2-4.

iii. HPM 50.5, Chapter 2, Annex A, "Crowd Management, Intervention, and Control Strategies," pg. 2-9.

iv. HPM 70.6, Officer Safety Manual, Chapter 1, Use of Force.

Request Item (11). "Communications between CHP and the National Lawyers Guild regarding the demonstration"

Despite a diligent search and reasonable inquiry, the Department did not identify records that are responsive to this request item.

DUPLICATION FEE

In response to your request, the Department has compiled a 17-page set of records. To offset its duplication costs, the Department currently charges requesters a duplication fee of $0.30 per page and $5.00 per compact disc (CD) for records. Therefore, if you wish to receive hard copies of these records, please forward a check in the amount of $5.10 to the California Highway Patrol, Office of Community Outreach and Media Relations, P.O. Box 942898, Sacramento, CA 94298-0001 (Attention: Janelle Dunham). Please make the check payable to the "California Highway Patrol" and note file no. 2017-16 on the check. Alternatively, if you would like to receive electronic copies of these records on CD, please forward a check in the amount of $5.00. Once the Department receives this payment, these records will be prepared and mailed to you on an expedited basis.

Sincerely,

F. CLADER
Director of Communications

[Non-Uniform-Janelle]

Office of Community Outreach and Media Relations
P.O. Box 942898
Sacramento, CA 94298-0001
(916) 843-3310
(800) 735-2929 (TT/TDD)
(800) 735-2922 (Voice)

April 21, 2017

File No.: 013.A13673.A16501.2017-16

Sent via Electronic Mail

Mr. Dave Maass
MuckRock
DEPT MR 26499
411A Highland Avenue
Somerville, MA 02144-2516
requests@muckrock.com<mailto:requests@muckrock.com>

Re: California Public Records Act (CPRA) Request, dated March 9, 2017

Dear Mr. Maass:

Please accept the attached set of records from the Department of California Highway Patrol (Department or CHP).

These records are responsive to your request under the California Public Records Act (CPRA) (Gov. Code, § 6250 et seq.), dated March 9, 2017. In your request, you asked for "records related to the Traditionalist Worker Party demonstration that occurred at the California State Capitol on June 26, 2016."

This letter will also confirm the Department's receipt of your check, in the amount of $5.10, to cover the Department's costs in duplicating these records.

Request Item (9). "Documents indicating costs of providing security at event (such as overtime)"

The one-page record entitled "June 26 2016 personnel costs" provides the overtime paid.

Request Item (10). "All policies that governed response to the demonstration, such as policies for use of force, demonstrations at the Capitol, and mass casualty response plans"

Sixteen pages of redacted copies of the following policies are attached:

i. Highway Patrol Manual (HPM) 50.5, Civil Disturbance Planning and Operations Manual, Chapter 1, Civil Disturbance.

ii. HPM 50.5, Civil Disturbance Planning and Operations Manual, Chapter 2, Operational Guidelines, Paragraph 3, "Use of Force During Crowd Control Incidents," pg. 2-4.

iii. HPM 50.5, Chapter 2, Annex A, "Crowd Management, Intervention, and Control Strategies," pg. 2-9.

iv. HPM 70.6, Officer Safety Manual, Chapter 1, Use of Force.

If you have any questions relating to this specific set of records, please do not hesitate to contact this office.

Sincerely,

F. CLADER
Director of Communications

[Non-Uniform-Janelle]