LBPD Misconduct/Shooting Litigations Payout Data
| Tracking # |
C011554-070121 |
| Submitted | July 1, 2021 |
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Communications
From: Greg Buhl
Hello,
Pursuant to the California Public Records Act I am requesting the following records:
-An updated spreadsheet showing the legal judgements and settlement the City of Long Beach has paid related to LBPD misconduct or police shootings.
This data was previously released last year by Councilmember Pierce as she was leaving office, described and linked here https://forthe.org/journalism/lbpd-settlement-data/
This request is for an updated version of that list. If the city no longer maintains such a list and does not wish to create one, please interpret this requests as requesting documents sufficient to show all settlements and judgments since the last list was produced.
Thank you in advance for your anticipated cooperation in this matter in the time frame set out in the CPRA.
Greg Buhl
From: City Manager's Office
Dear Greg Buhl:
Thank you for submitting a request for public records to the City of Long Beach. Pursuant to California Government Code § 6253, staff will review your request and respond within 10 days to notify you if there are responsive records, or if an extension is necessary to determine whether responsive records exist.
If your request was received after business hours or on a weekend or holiday, the next business day will be considered the date of receipt. The 10-day response period starts with the first calendar day after the date of receipt (Ca. Civ. Code, § 10).
You may be contacted by a City staff member if there are questions regarding your request.
From: City Manager's Office
--- Please respond above this line ---
RE: Public Records Request Reference Number: C011554-070121
Thank you for submitting your request for public records. After reviewing your request, we have determined that additional or more detailed information is needed to appropriately search for records. Specifically, please indicate a date range for the records you seek.
While the Public Records Act (PRA) provides members of the public with access to public records, it is not unlimited in its scope. California courts have acknowledged that members of the public may request documents from municipalities pursuant to the PRA even if they are unable to precisely identify the documents sought, but the request must still reasonably describe the information contained in the records sought such that the municipality can locate the records with “reasonable effort”. [Cal. First Amend. Coalition v. Superior Court (1998) 67 Cal.App.4th 159.]
The request must be focused and specific [Rogers v. Superior Court (1993) 19 Cal.App.4th 469.] and clear enough so that the agency can decipher what record or records are being sought. Moreover, the City is not required by law to create a record or list from an existing record.
The City will wait for your response before proceeding with this request. If we do not hear back from you within 10 calendar days, the PRA request will be closed.
Thank you for contacting the City of Long Beach. If you have any questions, please contact the Records Coordinator Office at (562) 570-6711.
From: Greg Buhl
Hello,
I thought it was clear from the context, but this is a request for updated data since the data was released by CM Pierce one year ago. So covering the same data range, just with the newest year to have occured added and any pending or tentative numbers finalized. It listed "TBD" quite a bit. The article I attached included the numbers CM Pierce made public and they cover incidents going back to 2008. I'm requesting the updated version of that city-maintained spreadsheet which was released a year ago. If what CM Pierce released was only a section of a larger doc that went back further, I'll take the larger date range.
Thanks,
Greg
From: City Manager's Office
--- Please respond above this line ---
RE: Public Records Request Reference Number: C011554-070121
Thank you for submitting your request for public records. Occasionally, we experience a delay in searching for records. Consequently, pursuant to Government Code 6253 (c), the City of Long Beach is extending the time within which to identify responsive documents by fourteen (14) calendar days.
The City will make every effort to provide responsive records in a reasonable time. You will be notified by August 08, 2021 of the following:
* Whether the City has records responsive to your request, and the page count and required payment, if applicable, to produce copies of such records, and/or
* Whether the City has records responsive to your request, but which are exempt from disclosure and the reasons for exemption.
If you have any questions, please contact the Records Coordinator Office at (562) 570-6711.
From: City Manager's Office
--- Please respond above this line ---
RE: Public Records Request Reference Number: C011554-070121
In response to PRA # C011554-070121 received on July 01, 2021, the City of Long Beach has determined that responsive records exist and will be disclosed. City staff is working on compiling and reviewing the appropriate documents and will produce them promptly within a reasonable time frame. Staff will notify you upon producing records if portions of documents will be withheld from disclosure due to exemptions in accordance with law.
Thank you for contacting the City of Long Beach. If you have any questions, please contact the Records Coordinator Office at (562) 570-6711.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following California Public Records Act request, copied below, and originally submitted on July 1, 2021. You had previously indicated that it would be completed on Aug. 8, 2021. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #C011554-070121.
Thanks for your help, and let me know if further clarification is needed.
From: City Manager's Office
--- Please respond above this line ---
Hi Mr. Buhl,
I've received the records from City Attorney and will be sending them to my manager today for final review. Should have them out to you in the next couple of weeks.
Thanks,
Megan Felix
From: City Manager's Office
--- Please respond above this line ---
RE: Public Records Request Reference Number: C011554-070121
Dear Greg Buhl,
In response to your request for public records received on 7/1/2021 8:50:11 PM and tracked as PRA # C011554-070121, the City of Long Beach has produced the appropriate responsive records.
Please click here to log into your account and view/download your responsive records:
PRA Request # C011554-070121 is now closed.
Thank you, : If you are unable to open and view your records, you may need to disable your pop-up blocker. Please follow this link for instructions on how to do so: Note Disable Pop-Up Blocker
From: Greg Buhl
I requested an updated version of a spreadsheet the City Attorney's office is known to maintain in the ordinary course of business and which has previously been released by a former city council member as she was leaving office.
This is not that, and does not in anyway satisfy this request.
It feels as if this response was done in bad faith. It should not take 5 months to send an updated copy of a previously released spreadsheet. The spreadsheet obviously exists on some city attorney's employees office where I directed this request—have them save a copy and send it to me. It should take 5 minutes, not 5 months.
I even sent you a link to an article with the old version of the spreadsheet attached and the details about how it was released by a disgruntled councilmember as she was leaving office that would have been helpful in locating which city employee maintains the list.
I have no idea why I was sent a city council motion and settlement paperwork about the payout of worker's compensations claims when I requested aggregate data related to police shootings and misconduct.
To give you an idea of what the expected response should have looked like I have attached a spreadsheet of LBPD misconduct lawsuits filed from 2014-2019. This document was available by following the link in my initial request back in July. It is a city maintained document.
If the city has decided to no longer track this data, please state so instead of sending non-responsive documents. There are only two proper responses to this request, an updated spreadsheet of the data I have requested (showing the data through the present, Dec. 2021—the renewed data of this delayed CPRA request) or an admission from someone in the City Attorney's office that the city no longer tracks payouts made for police shootings and misconduct.
Please respond with the document within 10 days . There is nothing extraordinary about this request that should have taken longer than the general time frame in the CPRA. All someone at the city attorney's office needs to do is a save a spreadsheet and send it to me. If the document no longer exist, meaning the city has decided to stop tracking this data, just have an employee of the city attorney's office write an email stating that.
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LBPD_Misconduct_Lawsuits_Filed_2014-2019.xlsx
From: Greg Buhl
I just noticed the case is about police misconduct not worker's comp, but this still isn't completed request.
My request was specifically for the spreadsheet the city attorney maintains that would show all settlements and judgments, not just the ones the city council approves.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following California Public Records Act request, copied below, and originally submitted on July 1, 2021. You had previously indicated that it would be completed on Aug. 8, 2021. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #C011554-070121.
Thanks for your help, and let me know if further clarification is needed.
From: City Manager's Office
Good afternoon, Mr. Buhl,
Records for this request were released last November. Please login to your account at LongBeach.gov/pra to view the responsive records.
Best,
Megan Felix
Records Coordinator
& Assistant Administrative Analyst
Office of the City Manager
411 W. Ocean Blvd, 10th Floor | Long Beach, CA 90802
Office: 562.570.6680
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From: City Manager's Office
--- Please respond above this line ---
Good morning, Mr. Buhl,
In relation to your email attached hereto, the City Attorney's Office has informed me that an updated spreadsheet does not exist. They used a spreadsheet to enter the data, then converted it to a PDF and deleted the spreadsheet as they store the records as PDFs and do not maintain spreadsheets in the normal course of business.
Sincerely,
Megan Felix
To monitor the progress or update this request please log into the Long Beach Public Records Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HcwMh3RKTZrO2O6viqXdrJYNnm0SpoODgAGBXYYpbeS3XkGOyzkBrIU82x-2FSu3bX5MtEzp7-2B1YQD-2F3rFhNWMgUnoOYMeyUOkC4rxoZIDiUsxwzQK_tBjIlMqtVg7-2B4fNvokvNGbr0741wIbfHna3MBn7Yb3-2B0WzrxvAF3wNhf5L41UrcpYNOovZlb02zvtK-2Bf1P7Fr7JFyrs9jwz-2BCapK-2B72foGRv-2FwwhctMc5ig3rumR4xnizmD7qKoX7z2W2u-2B3e-2Bb8VnP-2BOc7jxM1XYsfo-2FL3k64arNK6RGk8Pz79syPpoogJYEWuNgUqGdMtqxF0Jd5r8Ci1MadZQnRKit9H4F-2FjgmXmjGwbfaNnD0psYVm6pbF9WMlXFdG6x371uyUzlvCyJgmDbnuDIourDDk-2FMFDLxVEtX7duXpf8xbXlI4n4cPd4GqPkTUrgglZ7eHhxEFvVXaOosTYGLYpSFbPGsRwjW-2Fg9BwKlX6zyAR4fnx4H4NOvtvt0pKWr-2BnP5ouNCrl3A6NA-3D-3D)
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