|Submitted||May 8, 2017|
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To Whom It May Concern:
Pursuant to the California Public Records Act (California Government Code §§ 6250), I hereby request the following records:
To whom it may concern, this is a FOIA request for the following:
All current policies maintained by the department regarding use of force.
We are aware that a similar request of this type was made and rejected on 08/20/2015 by "Larry A. Donaldson" However we believe that this rejection was incorrect and/or illegal.
The rejection states " is an exempt public record under the California Public Records Act. Government Code section 6254(f)" however, Mr Donaldson incorrectly sited the verbage of the text which does allow for security sensitive documents to be exempt, however since a use of force policy is a basic operational document akin to the use of government vehicle policy and the use of government phones policy we believe that this FOIA request is valid and this request is our first required step in pursuing a judgment in court.
To be clear, 6254(f) states that ". However, state and local law enforcement agencies shall disclose"... "unless the disclosure would endanger the safety of a witness or other person involved in the investigation, or unless disclosure would endanger the successful completion of the investigation or a related investigation." and we believe that these documents are clearly in the FOIA domain as they would help the public understand the policies in place by their local law enforcement and and allow for redress in the event that those policies are deemed unsatisfactory.
We look forward to your timely response
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.
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on May 8, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
Please see attached response and exhibits.
Kimberly Hernandez, Legal Secretary II
Fresno City Attorney's Office
Fresno City Hall
This e-mail message is intended only for the named addressee(s) and may contain privileged and confidential information that is protected pursuant the attorney-client privilege and the attorney work-product doctrine. Any dissemination, distribution or copying is strictly prohibited. If you received this e-mail message in error, please destroy the message, and notify the sender immediately by replying to this e-mail or by calling Kimberly Hernandez at the number provided above. Thank you.