Annual Taser Audit 2010

Rodger Box filed this request with the Concord Police Department of Concord, CA.
Est. Completion None
Status
Fix Required

Communications

From: Rodger Box

To Whom It May Concern:

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

Annual Taser Audit for 2010

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,

Rodger Box

From: Joseph Surges

We will not be send this information. We have mailed Mr. Box a letter.

- Joe,sent from the Batphone.

On Sep 27, 2014, at 7:34 PM, "requests@muckrock.com<mailto:requests@muckrock.com>" <requests@muckrock.com<mailto:requests@muckrock.com>> wrote:

September 27, 2014 Concord Police Department 1350 Galindo Street Concord, CA 94520 Email To Whom It May Concern: Pursuant to the California's Sunshine Amendment (Cal. Const. Art. I, § 3(b)), I hereby request the following records: Annual Taser Audit for 2010 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<http://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, Rodger Box Filed via MuckRock.com<http://MuckRock.com> E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com> For mailed responses, please address (see note): MuckRock News DEPT MR 13633 PO Box 55819 Boston, MA 02205-5819 PLEASE NOTE the new address as well as the fact that improperly addressed (i.e., with the requester's name rather than MuckRock News) requests might be returned by the USPS as undeliverable.

From: Rodger Box

I view your response email dated September 29, 2014 to be a denial of my California Public Records Act request.

I appeal your denial.

Again I refer you to the California Government Code §6250-6268, the California Public Records Act (CFRA), http://ag.ca.gov/publications/summary_public_records_act.pdf, and http://oag.ca.gov/system/files/opinions/pdfs/87-304.pdf.

I specifically draw your attention to California Government Code §6253.3. “A state or local agency may not allow another party to control the disclosure of information that is otherwise subject to disclosure pursuant to this chapter”.

Your denial of this CFRA request is without basis, as per 6257.5 “This chapter does not allow limitations on access to a public record based upon the purpose for which the record is being
requested, if the record is otherwise subject to disclosure”. You have stated no reason other than current pending litigation. Extensive case law demonstrates your denial is invalid. County of Santa Clara v. Superior Court, 170 Cal. App. 4Th 1301, 1321 (2009), “disclosure is favored,” and therefore “all exemptions are narrowly construed”, Fairley v. Superior Court (1998) 66 Cal.App.4th 1414; 71 Ops.Cal.Atty.Gen. 235 (1988), Filarsky v. Superior Court (City of Manhattan Beach) (2002)28 Cal.4th 419 , 121 Cal.Rptr.2d 844; 49 P.3d 194 [No. S091308. July 15, 2002.], County of Los Angeles v. Superior Court (Axelrad II) (2000) 82 Cal.App.4th 819, 826; Wilder v. Superior Court (1998) 66 Cal.App.4th 77; Fairley v. Superior Court (1998) 66 Cal.App.4th 1414; City of Hemet v. Superior Court (Press-Enterprise) (1995) 37 Cal.App.4th 1411, 1420-1421, fn. 11; but see dicta in Roberts v. City of Palmdale (1993) 5 Cal.4th 363, 372., County of Los Angeles v. Superior Court (Axelrad II) (2000) 82 Cal.App.4th 819, 830. Also See the California Attorney General's Public Records Act Summary (link provided above) and the California Attorney General's published opinion 87-304, 71 Ops.Cal.Atty.Gen. 235 (1988) (link provided above).

I respectfully appeal your decision to deny this California Public Records Act request.

I am prepared to litigate in the event you continue to deny this and future California Public Records Act requests. I draw your attention to California Government Code §6259 (d) “The court shall award court costs and reasonable attorney fees to the plaintiff should the plaintiff prevail in litigation filed pursuant to this section”.

From: Rodger Box

I view your response email dated September 29, 2014 to be a denial of my California Public Records Act request.

I appeal your denial.

Again I refer you to the California Government Code §6250-6268, the California Public Records Act (CFRA), http://ag.ca.gov/publications/summary_public_records_act.pdf, and http://oag.ca.gov/system/files/opinions/pdfs/87-304.pdf.

I specifically draw your attention to California Government Code §6253.3. “A state or local agency may not allow another party to control the disclosure of information that is otherwise subject to disclosure pursuant to this chapter”.

Your denial of this CFRA request is without basis, as per 6257.5 “This chapter does not allow limitations on access to a public record based upon the purpose for which the record is being
requested, if the record is otherwise subject to disclosure”. You have stated no reason other than current pending litigation. Extensive case law demonstrates your denial is invalid. County of Santa Clara v. Superior Court, 170 Cal. App. 4Th 1301, 1321 (2009), “disclosure is favored,” and therefore “all exemptions are narrowly construed”, Fairley v. Superior Court (1998) 66 Cal.App.4th 1414; 71 Ops.Cal.Atty.Gen. 235 (1988), Filarsky v. Superior Court (City of Manhattan Beach) (2002)28 Cal.4th 419 , 121 Cal.Rptr.2d 844; 49 P.3d 194 [No. S091308. July 15, 2002.], County of Los Angeles v. Superior Court (Axelrad II) (2000) 82 Cal.App.4th 819, 826; Wilder v. Superior Court (1998) 66 Cal.App.4th 77; Fairley v. Superior Court (1998) 66 Cal.App.4th 1414; City of Hemet v. Superior Court (Press-Enterprise) (1995) 37 Cal.App.4th 1411, 1420-1421, fn. 11; but see dicta in Roberts v. City of Palmdale (1993) 5 Cal.4th 363, 372., County of Los Angeles v. Superior Court (Axelrad II) (2000) 82 Cal.App.4th 819, 830. Also See the California Attorney General's Public Records Act Summary (link provided above) and the California Attorney General's published opinion 87-304, 71 Ops.Cal.Atty.Gen. 235 (1988) (link provided above).

I respectfully appeal your decision to deny this California Public Records Act request.

I am prepared to litigate in the event you continue to deny this and future California Public Records Act requests. I draw your attention to California Government Code §6259 (d) “The court shall award court costs and reasonable attorney fees to the plaintiff should the plaintiff prevail in litigation filed pursuant to this section”.

From: Clendenin, Joshua

Mr. Box -

This email will acknowledge receipt of your September 27, 2014 Public Records Act Request seeking:

"Annual Taser Audit for 2010".

While we are aware of your pending civil rights litigation against the City, we understand that the court lifted the discovery stay in that matter on September 30, 2014. Please be advised that we will attempt to identify documents that are in our possession which are responsive to your request accordingly. To the extent that those documents are not privileged, confidential, or otherwise exempt from the Public Records Act, we will produce those documents promptly.

Should you have any questions in the meantime, please do not hesitate to contact me.

Joshua K. Clendenin │ Assistant City Attorney
City of Concord
1950 Parkside Drive, MS/08 | Concord | CA 94519
Phone: (925) 671-3378 | Fax: (925) 671-3469
joshua.clendenin@cityofconcord.org<mailto:joshua.clendenin@cityofconcord.org>

PRIVILEGED AND CONFIDENTIAL COMMUNICATION - This electronic transmission, and any documents attached hereto, may contain confidential and/or legally privileged information and is intended only for use by the recipient named above. Any disclosure, copying, distribution, or use of such information received in error is prohibited. Please delete and notify sender if you received this message in error.

From: Rodger Box

Mr. Clendenin

I believe your analysis of this situation is incorrect. This is a CPRA request.

I believe that the written and email responses I have received prove that you are in violation of California Government Code §6253.3.

California Government Code §6253.3. “A state or local agency may not allow another party to control the disclosure of information that is otherwise subject to disclosure pursuant to this chapter”.

The letter has been uploaded into this system.

Here is the responding email.

From Joseph Surges to MuckRock on Sept. 27, 2014:

We will not be send this information. We have mailed Mr. Box a letter.

- Joe,sent from the Batphone.

Rodger Box

From: Clendenin, Joshua

Mr. Box –

I am unsure to what “analysis” you are referring.

The City is presently attempting to identify documents that are in our possession which are responsive to your request as is required by the Government Code. To the extent that those documents are not privileged, confidential, or otherwise exempt from the Public Records Act, we will produce those documents promptly.

Thank you for your inquiry.

Joshua K. Clendenin │ Assistant City Attorney
City of Concord
1950 Parkside Drive, MS/08 | Concord | CA 94519
Phone: (925) 671-3378 | Fax: (925) 671-3469
joshua.clendenin@cityofconcord.org<mailto:joshua.clendenin@cityofconcord.org>

PRIVILEGED AND CONFIDENTIAL COMMUNICATION - This electronic transmission, and any documents attached hereto, may contain confidential and/or legally privileged information and is intended only for use by the recipient named above. Any disclosure, copying, distribution, or use of such information received in error is prohibited. Please delete and notify sender if you received this message in error.

From: Clendenin, Joshua

Mr. Box -

This email is in response to your October 1, 2014 Public Records Act Request seeking: "Annual Taser Audit for 2010".

The City does not maintain or have access to any document called "Annual Taser Audit" for the year 2010. I am writing to clarify your request accordingly. Would you please set forth what information you are seeking so that I may assist in identifying responsive records?

Please feel free to contact me to discuss.

Thank you,

Joshua K. Clendenin │ Assistant City Attorney
City of Concord
1950 Parkside Drive, MS/08 | Concord | CA 94519
Phone: (925) 671-3378 | Fax: (925) 671-3469
joshua.clendenin@cityofconcord.org<mailto:joshua.clendenin@cityofconcord.org>

PRIVILEGED AND CONFIDENTIAL COMMUNICATION - This electronic transmission, and any documents attached hereto, may contain confidential and/or legally privileged information and is intended only for use by the recipient named above. Any disclosure, copying, distribution, or use of such information received in error is prohibited. Please delete and notify sender if you received this message in error.

From: Rodger Box

Mr. Clendenin -

I am writing to clarify your response. The City of Concord Police Department does not have any records related to an Annual Taser audit for the year 2010. Has the City of Concord ever performed an annual taser audit?

Sincerely,

Rodger Box

From: Clendenin, Joshua

Mr. Box –

In my October 27, 2014 response to your Public Records Act request, I informed you that the City does not have an “Annual Taser Audit” for 2010. I also asked for clarification regarding what information you are seeking so that I may determine whether we have any responsive documents.

In your December 3, 2014 email to me, you asked whether the City of Concord has “ever performed an annual taser audit”. You provided no additional information in that email. I am unaware of any document called “annual taser audit”. To assist you in getting responsive documents, if any exist, I need you to clarify what information you are seeking. Please provide additional information regarding your request so that I may assist in this regard.

Please feel free to contact me with any questions.

Thank you,

Joshua K. Clendenin │ Assistant City Attorney
City of Concord
1950 Parkside Drive, MS/08 | Concord | CA 94519
Phone: (925) 671-3378 | Fax: (925) 671-3469
joshua.clendenin@cityofconcord.org<mailto:joshua.clendenin@cityofconcord.org>

PRIVILEGED AND CONFIDENTIAL COMMUNICATION - This electronic transmission, and any documents attached hereto, may contain confidential and/or legally privileged information and is intended only for use by the recipient named above. Any disclosure, copying, distribution, or use of such information received in error is prohibited. Please delete and notify sender if you received this message in error.

Files