Gregory formachelli (Fullerton Police Department)

Rebecca,

This is notice to you that the time to provide a response to your public records request dated 1/8/19, is extended to no later than 1/31/19, pursuant to Government Code section 6253(c), due to the need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records.

Thank you,

Mea Klein
Assistant City Clerk
City of Fullerton
714-738-6571

Hi Rebecca,

I apologize, in reviewing your request further, it was determined that the extension notice sent was in error.

We will need clarification regarding your request for records. You requested: "Arrest records and affidavits." Your request is overly broad and lacking specifics. Can you please clarify your request?

Thank you,

Mea Klein
Assistant City Clerk
City of Fullerton
714-738-6571

Rebecca,

The City is in the process of reviewing and appropriately redacting and preparing for production the records responsive to your request. We anticipate that the records will be available no later than 5:00 p.m. on March 4, 2019. We will let you know as soon as the records are available.

Mea Klein
Assistant City Clerk
City of Fullerton
714-738-6571

Please see highlighted portion below, we need clarification on your request.

Mea Klein
Assistant City Clerk
City of Fullerton
714-738-6571

Rebecca,

Please see emails below. We need clarification on your request.

Thank you,

Mea Klein
Assistant City Clerk
City of Fullerton
714-738-6571

The following SB 1421 files are now uploaded to the website:

Brian Hagopian (PSB#13-042)

Haid, Becerra & Blatney (PSB# 16-0046)

Thank you,

Mea Klein
Assistant City Clerk
City of Fullerton
714-738-6571

[cherry blossom]

This is to inform you that the following records have been placed on the City's website:
https://www.cityoffullerton.com/gov/open_government/sb_1421.asp

The following are on the site:
Case/Public Record Request: #
Document: Robert Richardson (#91-15)<https://weblink.fullerton.gov/laserfiche/Browse.aspx?repo=CityHall#?id=742889>
Audio/Video Files: (N/A)

Case/Public Record Request: #
Document: Klein, De L Rosa, Camery, Basham, Vice, Petropulos (#88-18774)<https://weblink.fullerton.gov/laserfiche/Browse.aspx?repo=CityHall#?id=742890>
Audio/Video Files: (N/A)

Mea Klein
Assistant City Clerk
City of Fullerton
714-738-6571

[cherry blossom]

Received, thank you.

This is to inform you that the following records have been placed on the City's website:
www.cityoffullerton.com/sb1421<http://www.cityoffullerton.com/sb1421>

Case/Public Record Request #

Document: Marple (#93-1430)<https://weblink.fullerton.gov/laserfiche/Browse.aspx?repo=CityHall#?id=745293>

Audio/Video Files: (N/A)

Case/Public Record Request: #
Document: Peter Ryu, Randall Brayley, Matthew Green (UOF# 17-0025)<https://www.cityoffullerton.com/civicax/filebank/blobdload.aspx?BlobID=26619>
Audio/Video Files: UOF# 17-0025 Audio Files<https://weblink.fullerton.gov/laserfiche/Browse.aspx?repo=CityHall#?id=745288>

Case/Public Record Request #

Document: Schoen (#94-17850)<https://weblink.fullerton.gov/laserfiche/Browse.aspx?repo=CityHall#?id=745298>

Audio/Video Files: (N/A)

Thank you,

Susana Barrios | Deputy City Clerk
City of Fullerton | City Clerk's Office
303 W. Commonwealth Avenue | Fullerton, CA 92832
' (714) 738-6351 | 7 (714) 525-8071
* sbarrios@cityoffullerton.com<mailto:sbarrios@cityoffullerton.com> | www.cityoffullerton.com<http://www.cityoffullerton.com/>

The City of Fullerton has posted the following SB 1421 files to the City's website:

https://www.cityoffullerton.com/gov/open_government/sb_1421.asp

Contino & Craig (#97-7252)
Crisp, Rockne (#91-19295)
Hallgren, Eric (#88-21349)
Miller, Dave (#90-11318)
Miller, Dave (#93-6269)
Nunez, Mark (#91-9201)
Regards,

Mea Klein
Assistant City Clerk
City of Fullerton
714-738-6571

[spring-flowers-clip-art-5[1]]

The City of Fullerton has posted the following SB 1421 files to the City's website:

https://www.cityoffullerton.com/gov/open_government/sb_1421.asp

Document: Boyd, Derek (#92-7719)<https://docs.cityoffullerton.com/weblink/2/fol/749510/Row1.aspx>
Document: Stanko, David (#90-4177)<https://docs.cityoffullerton.com/weblink/2/fol/749511/Row1.aspx>

Mea Klein
Assistant City Clerk
City of Fullerton
714-738-6571

[3]

The City of Fullerton has posted the following SB 1421 files to the City's website:

https://www.cityoffullerton.com/gov/open_government/sb_1421.asp

Bridges & Becerra (PSB# 15-0039) Audio and video only; documents already produced
Hines, Michael (PSB# 2012-96) Documents only; audio pending
Oliveras, Thomas (FPD# 02-6920) Documents only; no video or audio available
Song, Eric (PSB# 2010-3) Documents only; audio and video pending

Mea Klein
Assistant City Clerk
City of Fullerton
714-738-6571

[3]

Good Afternoon:

This is to inform you that the following records have been placed on the City's website:

Boline (FPD# 13-16320): Documents & audio
Bova (FPD# 13-35076): Audio only
Kirkreit et al (FPD# 12-27013): Documents only
Klein et al (FPD# 88-18774): Audio only

www.cityoffullerton.com/sb1421<http://www.cityoffullerton.com/sb1421>

Thank you,

Mea Klein
Assistant City Clerk
City of Fullerton
714-738-6571

This is to notify you of the new SB 1421 cases updated on City of Fullerton's website.

Case/Public Record Request#
Audio and Video: Grogan (FPD# 17-224)

Case/Public Record Request#
Documents only (no audio/video available): Contino, Sosnowksi, Zerwick, Bermender, Richardson, Klein, Markoski, Voitel, Cadet Mater (FPD# 91-19161)

Mea Klein
Assistant City Clerk
City of Fullerton
714-738-6571

Mea Klein
Assistant City Clerk
City of Fullerton
714-738-6571

This is to inform you that the following records regarding SB 1421 cases have been added to the City of Fullerton's website.

Marple (FPD# 93-1430) - Audio files only. Documents previously uploaded.
Mater (FPD# 11-23676) - Documents only; audio & video files pending.
Regards,

Mea Klein
Assistant City Clerk
City of Fullerton
714-738-6571

Good afternoon:

The following file has been posted on the City's website:
Diaz, Herrera, Radus, Bolden, Olague, Corgett, Wardle & H. Garcia (FPD# 06-99270)

Documents only - audio files pending.

www.cityoffullerton.com/sb1421<http://www.cityoffullerton.com/sb1421>

Susana Barrios, CMC | Deputy City Clerk
City of Fullerton | City Clerk's Office
303 W. Commonwealth Avenue | Fullerton, CA 92832
' (714) 738-6351 | 7 (714) 525-8071
* sbarrios@cityoffullerton.com<mailto:sbarrios@cityoffullerton.com> | www.cityoffullerton.com<http://www.cityoffullerton.com/>

Good Morning,

The following files were posted to the SB 1421 Website today:

Miller, Baas (FPD#12-50647) Documents only; audio pending.

Stanko (FPD#90-4177) Audio, documents already posted. Production complete.

https://www.cityoffullerton.com/gov/open_government/sb_1421.asp
Regards,

Mea Klein
Assistant City Clerk
City of Fullerton
714-738-6571

The following files have been posted to the City's website at: https://www.cityoffullerton.com/gov/open_government/sb_1421.asp

Bailor & Thayer (FPD No. 18-33277) Audio and Video files. Production complete.

Thank you,

Mea Klein
Assistant City Clerk
City of Fullerton
714-738-6571

Good Morning,

The following SB 1421 responsive files have been posted on the City's website.
At: https://www.cityoffullerton.com/gov/open_government/sb_1421.asp

Mater (FPD No. 11-23676) Audio only. Documents already posted. Video pending.

Song (PSB No. 2010-3) Audio and Video posted. Documents already posted. Production complete.

Regards,

Mea Klein
Assistant City Clerk
City of Fullerton
714-738-6571

Disclaimer: This electronic transmission, and any documents attached hereto, may contain confidential and/or legally privileged information. The information is intended only for use by the recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of information received in error is strictly prohibited

The following case was updated with audio files.

? Schoen (FPD No. 94-17850): Documents & Audio files. No video available. Production complete.

Mea Klein
Assistant City Clerk
City of Fullerton
714-738-6571

Disclaimer: This electronic transmission, and any documents attached hereto, may contain confidential and/or legally privileged information. The information is intended only for use by the recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of information received in error is strictly prohibited

The following files have been added to the City of Fullerton website:

www.cityoffullerton.com/sb1421<http://www.cityoffullerton.com/sb1421>

? * Ramos, Cicinelli et al (FPD No. 11-38750): Documents only; audio & video pending.

Mea Klein
Assistant City Clerk
City of Fullerton
714-738-6571

Disclaimer: This electronic transmission, and any documents attached hereto, may contain confidential and/or legally privileged information. The information is intended only for use by the recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of information received in error is strictly prohibited

The following files have been uploaded to the SB 1421 site:

? Mater (FPD# 11-23676): Video files only; production complete;

? Flynn (FPD# FN18-0268): Documents only; Audio and Video files pending.

Mea Klein
Assistant City Clerk
City of Fullerton
714-738-6571

Disclaimer: This electronic transmission, and any documents attached hereto, may contain confidential and/or legally privileged information. The information is intended only for use by the recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of information received in error is strictly prohibited

The following files are uploaded and available at: https://www.cityoffullerton.com/gov/open_government/sb_1421.asp

? Becerra/Blatney/Haid (FPD # 16-1057): Video and audio files; production complete.

Mea Klein
Assistant City Clerk
City of Fullerton
714-738-6571

Disclaimer: This electronic transmission, and any documents attached hereto, may contain confidential and/or legally privileged information. The information is intended only for use by the recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of information received in error is strictly prohibited

Please be advised that documents for the following case were posted to the SB1421 site today:

? Flynn (FPD# 19-40536): Documents only; audio & video pending.

Mea Klein
Assistant City Clerk
City of Fullerton
714-738-6571

Disclaimer: This electronic transmission, and any documents attached hereto, may contain confidential and/or legally privileged information. The information is intended only for use by the recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of information received in error is strictly prohibited

A document has been added to the City of Fullerton SB 1421 website that shows the production status of all of the requested files. The document is located at https://docs.cityoffullerton.com/weblink/2/edoc/1460120/SB%201421%20Chart%20re%20Status%20of%20Productions.pdf .

Mea Klein
Assistant City Clerk
City of Fullerton
714-738-6571

Disclaimer: This electronic transmission, and any documents attached hereto, may contain confidential and/or legally privileged information. The information is intended only for use by the recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of information received in error is strictly prohibited

Dear SB1421 Requesters and interested parties,

It has come to my attention that the City of Fullerton has broken California’s Public Record’s Law, specifically related to SB1421, by denying you records which are quite clearly publicly disclosable.

In the link sent to you by Mea Klein, Assistant City Clerk, as provided to her by the City Attorney, you were told that there are 27 Officers "REQUESTED BY NAME, BUT NO DISCLOSABLE FILE AVAILABLE (27)”. This is patently false.

The City of Fullerton is currently suing me, my compatriot David and the blog Friends for Fullerton’s Future directly related to the findings on several of these officers.

https://www.fullertonsfuture.org/2019/city-of-fullerton-is-suing-me-and-this-blog/ <https://www.fullertonsfuture.org/2019/city-of-fullerton-is-suing-me-and-this-blog/>

In looking at this list I can quite easily name Officers on that list who have disclosable records under SB1421 including but not limited to Kathryn Hamel, Paul Irish, Miguel “Sonny” Siliceo, Christopher Wren & Nathan Roesler.

A sustained finding was found against Hamel and one cannot simply unring that bell as seen in the recent Contra Costa County tentative decision (CASE NAME: RICHMOND POLICE VS. CITY OF RICHMOND <https://www.fullertonsfuture.org/wp-content/uploads/2020/09/Contra-Costa-Ruling-Case-MSN19-0169-2020-07-31.pdf>).

This FFFF article related to Hamel is specifically mentioned in the lawsuit against myself and FFFF:

https://www.fullertonsfuture.org/2019/fullerton-police-cut-a-deal-to-bypass-the-law/ <https://www.fullertonsfuture.org/2019/fullerton-police-cut-a-deal-to-bypass-the-law/>

Christopher Wren had a sustained finding against for dishonesty related to a workplace affair with a subordinate. In IA Case #17-0038 one of the sustained findings against Officer Wren is as follows:

“6. On December 17, 2017, when Lieutenant Cleggett asked you about your whereabouts, you dishonestly stated to Lieutenant Cleggett that you had been on the phone with your wife the entire time and did not notice Lieutenant Cleggett’s text message.”

This statement of dishonesty was directly related to misconduct as outlined in the timeline of Wren’s activities and being in violation of policy.

Likewise with Christopher Wren, this article is specifically listed in the lawsuit being waged against myself and FFFF:

https://www.fullertonsfuture.org/2019/what-happened-to-officer-christopher-wren/

The idea that the city attorney is unaware of the sustained findings against their officers which are disclosable under SB1421 is laughable when those very stories are being used by the same attorneys as evidence in a lawsuit where the city seeks a prior restraint against myself and FFFF.

The blog has likewise published stories on how Paul Irish was terminated for dishonesty;

https://www.fullertonsfuture.org/2019/fullertons-veritable-serpico-problem/ <https://www.fullertonsfuture.org/2019/fullertons-veritable-serpico-problem/>

Miguel “Sonny” Siliceo admitted in the plea deal that he both used excessive force and falsified a police report.

https://www.fullertonsfuture.org/2018/sonnys-admission-guilt/ <https://www.fullertonsfuture.org/2018/sonnys-admission-guilt/>

Nathan Roesler filed a false report with the City of Placentia which resulted in an innocent man being arrested for a crime that wasn’t committed against Roesler. This was referred to the District Attorney for prosecution.

https://www.fullertonsfuture.org/2018/another-possible-cover-up-by-fpd/ <https://www.fullertonsfuture.org/2018/another-possible-cover-up-by-fpd/>

These are the cases which are readily and easily pointed out which I believe to be disclosable under SB1421 which calls all of the other officers on the list into question. The City is blatantly lying to you, your organizations and agencies as well as the public and concerned entities about disclosable records despite being in a separate lawsuit over these very violations of SB1421.

They are likewise violating the law in regards to the officer whose records are "PENDING; NOT YET PRODUCED (3)”. The incident in Corbett’s case was from 2016 and Paez’s was in 2017. The timeline has long passed for required production in both of these cases.

If you are honestly seeking these records and others from the City of Fullerton you will likely have no recourse but to seek remedies in order to get to the truth. I have already been forced to take this route unfortunately.

Thank you for your time and I wish you all the best in your efforts.

Sincerely,

Joshua Ferguson
Host, The Hourly Struggle
Writer, Friends for Fullerton’s Future
Concerned Citizen

Dear SB 1421 requesters and interested parties:
You have each recently received a mass email communication from an individual with whom the City of Fullerton is currently engaged in civil litigation, Joshua Ferguson. The email contained inaccuracies about the City's responses to Public Records requests. The City would like to correct certain information and assure you and other members of the public of its commitment to transparency and compliance with legal requirements for the disclosure of public records, including certain peace officer records recently made public under SB 1421, which is codified at Penal Code section 832.7. Of course, the City cannot respond as to any specifics about any individual officers referenced, due to privacy.

Disclosable use of force files:
Not all use of force investigation files are disclosable under SB 1421. SB 1421 only allows the disclosure of those files involving uses of force that have resulted in death or "great bodily injury." Pen. Code section 832.7(b)(1)(A)(ii). "Great bodily injury" means "significant or substantial physical injury." Pen. Code section 16600. Examples of "great bodily injury" include: broken bones, People v. Villarreal (1985) 173 Cal.App.3d 1136, 1141; gunshot wounds, People v. Mendias (1993) 17 Cal.App.4th 195; and a dog bite, People v. Frazier (2009) 173 Cal. App. 4th 613, 618. SB 1421 also mandates the disclosure of investigation files involving a peace officer or custodial officer's discharge of a firearm at a civilian. See Pen. Code section 832.7(b)(1)(A)(i).

Disclosable dishonesty files:
Not all dishonesty investigation files are disclosable under SB 1421. SB 1421 only allows the disclosure of "sustained finding[s] . . . [of] dishonesty by a peace officer or custodial officer directly relating to the reporting, investigation, or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, another peace officer or custodial officer, including but not limited to, any sustained finding of perjury, false statements, filing false reports, destruction, falsifying, or concealing of evidence." See Cal. Penal Code section 832.7(b)(1)(C) (emphasis added).
The Legislature intended to provide the public access to cases involving dishonesty, where an officer "is proven to have planted evidence, committed perjury, or otherwise been dishonest in the reporting, investigation, or prosecution of a crime." Assembly Committee on Public Safety, Analysis of SB 1421 (June 26, 2018).

In order for acts of dishonesty to be disclosable under SB 1421, there must also have been a "sustained" finding of dishonesty. A "sustained finding" is defined as "a final determination by an investigating agency, commission, board, hearing officer, or arbitrator, as applicable, following an investigation and opportunity for an administrative appeal pursuant to Sections 3304 and 3304.5 of the Government Code, that the actions of the peace officer or custodial officer were found to violate law or department policy." Pen. Code section 832.8 (emphasis added).

If an officer investigated for the type dishonesty or sexual assault that is disclosable under SB 1421 resigns prior to a sustained finding, his or her file is not disclosable.

Although the email that you received referred to a specific court ruling (Richmond Police Officers' Ass'n v. City of Richmond), that ruling was only tentative (not final) and was only the ruling of one Superior Court Judge in Contra Costa County. The City of Fullerton is located in Orange County, and is not subject to those courts or their rulings. However, even a ruling in Orange County would not have been determinative, as facts in different cases may lead to different results, and a single judge's opinion is not required to be followed by other judges, until there is some binding opinion of higher courts. In fact, in City of Richmond, that court found that the employer and an officer could not reverse sustained findings of dishonesty or sexual assault through a negotiated settlement, after the conclusion of a formal hearing process. In circumstances where a final, formal hearing has not been held, the court acknowledged that there would be no "sustained findings" and hence such records are "not disclosable under SB 1421." (The City of Richmond court also noted that investigations of dishonesty involving subjects not specifically listed in Penal Code section 832.7 are also not disclosable).

Regardless of the inapplicability of the City of Richmond opinion in Orange County, the City of Fullerton's disclosure of its records under SB 1421 does follow the same principles.

The City is committed to providing all records that it is required and permitted to release to the public relating to peace officers. It has been working hard to review and release all records newly made releasable since the enactment of SB 1421, and will continue to do so. The City has produced 26 SB 1421 files; has partially produced 13 additional SB 1421 files; and has 2 SB 1421 files pending review (one of which awaits resolution of administrative or other proceedings). The City's SB 1421 productions are available at www.cityoffullerton.com/sb1421<http://www.cityoffullerton.com/sb1421>, and a copy of the summary chart detailing the progress of the City's SB 1421 review and production is posted therein.

If you have any questions or concerns about your requests or the City's production thereto, please contact the City Clerk's Office or the City Attorney's Office.

Kimberly Hall Barlow
Jones & Mayer
3777 N. Harbor Boulevard
Fullerton, California 92835
714-446-1400 Telephone
714-446-1448 Facsimile
khb@jones-mayer.com<mailto:khb@jones-mayer.com>

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