|Submitted||July 6, 2020|
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To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
1. All arrests data reported to the California Department of Justice via the Monthly Arrests and Citation Register program covering arrests made in 2017 and 2018, including (but not limited to) the age, race/ethnicity, gender, city of residence, offense category (felony, misdemeanor, status offense), charge and disposition of arrestees
For clarity, I will note that this request is similar to that of Samuel Sinyangwe on July 16, 2019, but includes the city of residence of arrestees.
Also, if it is possible to provide the information in .CSV or other machine readable format (rather than PDF) that would be appreciated.
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.
July 15, 2020
Via Email: email@example.com<mailto:firstname.lastname@example.org>
DEPT MR 68034
411A Highland Ave
Somerville, MA. 02144-2516
Re: Public Records Request Received July 06, 2020
Dear Mr. Akemann,
This letter is in response to your Public Records Request made to the Culver City Police Department received on July 06, 2020.
Request: "All arrests data reported to the California Department of Justice via the Monthly Arrests and Citation Register program covering arrests made in 2017 and 2018, including (but not limited to) the age, race/ethnicity, gender, city of residence, offense category (felony, misdemeanor, status offense), charge and disposition of arrestees".
Response:. See attached File. "Juvenile arrest information has been redacted and is exempt under Government Code section 6254(k) and 6255".
Lt. Sorai Estrada
Custodian of Records
The City of Culver City keeps a copy of all E-mails sent and received for a minimum of 2 years. All retained E-mails will be treated as a Public Record per the California Public Records Act, and may be subject to disclosure pursuant to the terms, and subject to the exemptions, of that Act.
Thank you very much for your timely response to my inquiry. This information will be greatly helpful in providing a more accurate and fair picture of CCPD's interaction with the Culver City community than prior figures had allowed.
Regarding the redaction of Juvenile records: Names should indeed be redacted - a necessary correction to prior releases of this data. However, there is clearly a compelling public interest in understanding the patterns of Juveline interactions with CCPD, which requires disclosure of the arrest events themselves and their specifics. So again, pursuant to the California Public Records Act, I hereby request the above data with only the Juvenile names redacted rather than the entire records.
Dear Mr. Akemann,
Your request was forwarded to the City Attorney for consultation. I will let you now as soon as I get a response.
I am in receipt of your July 21, 2020 email. Thank you for your correspondence and your explanation.
The issue you raise is whether the Culver City Police Department can release information regarding juvenile arrests, even with the minors' names redacted. Your email noted "a compelling public interest in understanding the patterns of Juvenile (sic) interactions with CCPD, which requires disclosure of the arrest events themselves and their specifics."
We have evaluated your follow-up request and remain of the opinion that the Culver City Police Department cannot disclose the information that you have requested for juvenile arrests. Specifically, Section 827.9 of the Welfare and Institutions Code prohibits the disclosure of juvenile police records absent a court order, except in very limited circumstances that do not apply here. Section 827.9(m) of the Welfare and Institutions Code defines juvenile police records as records or information relating to the taking of a minor into custody, temporary custody, or detention. Section 827 of the Welfare and Institutions Code also applies. In addition to the language of these statutes, courts have held that the Welfare and Institutions Code "expressly covers the confidentiality of juvenile court records and their release to third parties, and is controlling over the Public Records Act to the extent of any conflict." Wescott v. County of Yuba (1980) 104 Cal.App.3d 103.
Based on the statutory language and the case law discussed above, Government Code section 6254(k) applies to make the juvenile arrest information exempt from disclosure.
We appreciate your explanation of why redacted juvenile arrest information would be of public interest, but we are unable to release the information that you have requested.
Lt. S. Estrada
Custodian of Records
Hello Lt. Estrada,
Thank you so much for your help thus far. It's greatly appreciated. We're wondering if the PDF you sent to us might be available in a CSV or other spreadsheet format. That would be amazing.
All the best,
I just spoke to our records supervisor and unfortunately PDF is the only way our Records Management System allows us to export the information. Sorry.
Lt. S. Estrada