Public Records Request -- Use of Force Data
| Submitted | Feb. 3, 2016 |
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Communications
From: Dan Lawton
To Whom It May Concern:
Pursuant to the California Public Records Act (California Government Code §§ 6250), I hereby request the following records:
(1) Names and dates of birth all of individuals who died during interactions with Hayward Police from 1/1/2011 to 1/31/2016, as well as the dates of those incidents.
(2)The names and dates of birth of all individuals who were shot by Hayward Police between 1/1/2011 and 1/31/2016, as well as the dates of those incidents
(3)All claims filed against the Hayward Police Department, as well as claims filed against the city of Hayward on the basis of actions by the Hayward Police Department, between 1/1/2011 and 1/31/2016
(4) The number of use of force complaints filed against officers of the Hayward Police Department for each of the following years: 2011, 2012, 2013, 2014 and 2015.
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.
Feel free to get in touch with any questions.
Sincerely,
Dan Lawton
Contra Costa Times
408-921-8695
From: Hayward Police Department
An interim response, stating the request is being processed.
From: Monique Cosgriff
Dear MuckRock News & Mr. Dan Lawton,
This is in response to your Public Records Act request received on February 8, 2016. Please see attached document.
Regards,
Monique Cosgriff
Public Records Act Clerk/Police Records Clerk
Hayward Police Department
300 West Winton Ave
Hayward, CA 94544
510-293-7014
monique.cosgriff@hayward-ca.gov<mailto:monique.cosgriff@hayward-ca.gov>
From: Dan Lawton
Hi Monique,
Thanks for the update.
Best,
Dan
From: Monique Cosgriff
Dear MuckRock News & Mr. Dan Lawton,
This is in response to your Public Records Act request received on February 8, 2016. Please see attached document.
Regards,
Monique Cosgriff
Public Records Act Clerk/Police Records Clerk
Hayward Police Department
300 West Winton Ave
Hayward, CA 94544
510-293-7014
monique.cosgriff@hayward-ca.gov<mailto:monique.cosgriff@hayward-ca.gov>
From: Dan Lawton
Mr. Perez
Thanks for your email and for the update.
I wanted to follow up regarding the fourth element of my request. In your response, you stated that any use of force complaints "would be exempt from disclosure pursuant to section 6542(f) of the Public Records Act."
My review of that section shows that while portions of those records would be exempt, it appears other sections should be provided. I have included below the excerpt from 6542(f) of the Public Records Act that appears to substantiate my viewpoint.
"However, state and local law enforcement agencies shall disclose the names and addresses of persons involved in, or witnesses other than confidential informants to, the incident, the description of any property involved, the date, time, and location of the incident, all diagrams, statements of the parties involved in the incident, the statements of all witnesses, other than confidential informants, to the victims of an incident, or an authorized representative thereof, an insurance carrier against which a claim has been or might be made, and any person suffering bodily injury or property damage or loss, as the result of the incident caused by arson, burglary, fire, explosion, larceny, robbery, carjacking, vandalism, vehicle theft, or a crime as defined by subdivision (b) of Section 13951, 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. However, this division does not require the disclosure of that portion of those investigative files that reflects the analysis or conclusions of the investigating officer."
I'm still getting use to the public records laws out here in California, but can you take another look and let me know if there's a reason why the above information wouldn't be public.
Best,
Dan
(408) 921-8695
From: Adam Perez
March 7, 2016
Contra Costa Times
Dan Lawton
175 Lennon Ln, Suite 100
Walnut Creek, CA 94598
Re: Public Records Request regarding Hayward Police Department Use of Force Complaints
Dear Mr. Lawton:
This letter is in response to your California Public Records Act (“CPRA”) request which we received on February 8, 2016 and your follow-up email dated March 7, 2016.
The Hayward Police Department is withholding from disclosure Use of Force complaints on the grounds that such records are exempt from disclosure pursuant to California Government Code section 6254(k). Government Code §6254(k) exempts from disclosure “[r]ecords the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege.” California Penal Code section 832.7 is such a provision of state law. Penal Code §832.7 imposes confidentiality upon peace officer personnel records and records of investigations of citizens' complaints.
Regards,
Adam D. Perez
Records Administrator
Hayward Police Department
300 West Winton Ave
Hayward, CA 94544
(510)293-7267
adam.perez@hayward-ca.gov<mailto:adam.perez@hayward-ca.gov>
From: Monique Cosgriff
From: Hayward Police Department
A copy of documents responsive to the request.
From: Hayward Police Department
A cover letter granting the request and outlining any exempted materials, if any.
From: Dan Lawton
Hi Adam,
Hope all is well
There doesn't appear to be any documents attached here. Is there something I'm missing?
Best,
Dan
From: Monique Cosgriff
Mr. Lawton,
I sent the following message yesterday.
Dear MuckRock News & Mr. Dan Lawton,
This is in response to your Public Records Act request received on February 8, 2016. Please see attached document.
I attempted to email the responsive documents but unfortunately, due to the file size, the email bounced back. Sorry for any inconveniences.
To minimize cost, I put the responsive documents on a CD and put it in today’s mail.
Monique Cosgriff
Public Records Act Clerk/Police Records Clerk
510-293-7014
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