2010 Kelly Elementary School Gunfire Incident Report

Dear Daniella Jimenez:

Thank you for your interest in public records of the City of Carlsbad. Your request has been received and is being processed in accordance with the California Public Records Act, Government Code Section 6256. Your request was received in this office on 6/27/2023 and given the reference number R003599-062723 for tracking purposes.
Records Requested: To Whom It May Concern:

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

The incident report and any investigative reports, including supplements such as police narratives, produced in relation to the shooting incident at Kelly Elementary School on 10/8/2010.

In the event that there are fees, I would request a waiver, as I am a member of a nonprofit media outlet and these records will be used in the public interest. The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

I would prefer the request filed 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,
Daniella Jimenez
Investigative Reporting Workshop.

Upload documents directly: https://www.muckrock.com/

Your request will be forwarded to the relevant department(s) to locate the information you seek and to determine the volume and any costs associated with satisfying your request. You will be contacted about the availability and/or provided with copies of the records in question. PLEASE NOTE: California Public Records Act, does not require a governmental body to create new information, to do legal research, or to answer questions.
You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Again, thank you for using the Records Request Center.
City of Carlsbad

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RE: PUBLIC RECORDS REQUEST of June 27, 2023., Reference # R003599-062723. Dear  Daniella Jimenez, The City of Carlsbad received a public information request from you on June 27, 2023. Your request mentioned: "To Whom It May Concern:

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

The incident report and any investigative reports, including supplements such as police narratives, produced in relation to the shooting incident at Kelly Elementary School on 10/8/2010.

In the event that there are fees, I would request a waiver, as I am a member of a nonprofit media outlet and these records will be used in the public interest. The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

I would prefer the request filed 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,
Daniella Jimenez
Investigative Reporting Workshop.

Upload documents directly: https://www.muckrock.com/ The city has located records responsive to your request and anticipates producing those records, subject to any applicable exemptions, by July 28, 2023. If you have any questions or need additional information, please feel free to contact my office at 760-434-2953. Sincerely, Tamara Cloud-McMinn
Senior Deputy City Clerk
City Clerk Services

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Re: Public Records Request Received June 27, 2023, Request # R003599-062723
Dear Daniella Jimenez,
The City of Carlsbad is in receipt of your public records request received on June 27, 2023 regarding: “To Whom It May Concern:

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

The incident report and any investigative reports, including supplements such as police narratives, produced in relation to the shooting incident at Kelly Elementary School on 10/8/2010.

In the event that there are fees, I would request a waiver, as I am a member of a nonprofit media outlet and these records will be used in the public interest. The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

I would prefer the request filed 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,
Daniella Jimenez
Investigative Reporting Workshop.

Upload documents directly: https://www.muckrock.com/
The city is producing records responsive to your request today. Please be advised that the city is continuing to review its records to determine if there are any additional non-exempt records that can be released and will notify you by August 2, 2023 if any additional records are available.
The City of Carlsbad has reviewed its files and has located responsive records to your request.  You may access these record through our online public records portal: Public Records Request - R003599-062723
If you have any questions, or wish to discuss this further, please contact me.
Sincerely,
Ana Marie Alarcon, CMC
Deputy City Clerk
City Clerk Services

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Re: Public Records Request Received June 27, 2023, Request # R003599-062723
Dear Daniella Jimenez,
The City of Carlsbad is in receipt of your public records request received on June 27, 2023 regarding: “To Whom It May Concern:

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

The incident report and any investigative reports, including supplements such as police narratives, produced in relation to the shooting incident at Kelly Elementary School on 10/8/2010.

In the event that there are fees, I would request a waiver, as I am a member of a nonprofit media outlet and these records will be used in the public interest. The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

I would prefer the request filed 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,
Daniella Jimenez
Investigative Reporting Workshop.

Upload documents directly: https://www.muckrock.com/
The City of Carlsbad has reviewed your request and has determined the following: Law enforcement investigatory records are exempt from disclosure under the California Public Records Act pursuant to Cal Gov Code § 7923.600. The city is providing records containing information regarding the incident identified in your request as required by Cal Gov Code §§ 7923.610 and 7923.615. The city has redacted the full name of the juvenile victims in this case pursuant to Cal Gov Code §§ 7922.000, 7927.705 and 7930.100 (Cal. Const., Art. I, § 1, and Art 1, § 28). Pursuant to Cal Gov Code § 7922.000, the city has determined that the public interest served by not disclosing the full names of the victims clearly outweighs the public interest served by disclosure because the rights of victims of crime and their families in criminal prosecutions are a subject of grave statewide concern and crime victims are entitled to privacy and to be treated with respect and dignity. The crime victims’ constitutional rights to privacy and respect clearly outweighs the public’s interest in obtaining the full last name of juvenile victims of a crime that occurred 13 years ago. To the extent this is a denial of your request, Assistant City Attorney Allegra Frost is responsible for that denial.
If you have any questions or need additional information, please feel free to contact my office at 442-339-2808.
Sincerely,
Faviola Medina
City Clerk Services Manager
City Clerk Services