Request for Public Records Regarding Complaints received by the Marin County Sheriff’s Office from January 1, 2016 through December 31, 2018
| Tracking # |
SI 13-12 |
| Submitted | April 3, 2019 |
| Est. Completion | June 7, 2019 |
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Communications
From: Frank Shinneman
RE: Request for Public Records Regarding Complaints received by the Marin County Sheriff’s Office from January 1, 2016 through December 31, 2018
To Whom It May Concern:
I request the release of records under the California Public Records Act, Gov’t Code §§ 6250 et seq., California Penal Code §§832.7-832.8, and Art. I, § 3(b) of the California Constitution. I seek copies of all records in your office’s possession, regardless of who created them.
More specifically I request:
1. Copies of all complaints received by Marin County Sheriff’s Office from January 1, 2016 through December 31, 2018, including but not limited to those from citizens, inmates and officers, whether resolved, pending, exonerated, retracted or referred to other agencies.
2. Copies of all associated documents created or reviewed in relation to the investigation and resolution of the above mentioned complaints. This includes but should not be limited to citizen correspondence, incident reports, videos and court records.
3. I seek a copy of all records relating to the complaints, investigations, findings and administrative discipline related to Complaints Received. Records include all investigative reports; photographic, audio, and video evidence; transcripts or recordings of interviews; autopsy reports; all materials compiled and presented for review to the district attorney or to any person or body charged with determining whether to file criminal charges against an officer in connection with an incident, or whether the officer’s action was consistent with law and agency policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take; documents setting forth findings or recommended findings; and copies of disciplinary records relating to the incident, including any letters of intent to impose discipline, any documents reflecting modifications of discipline due to the Skelly or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action.
Please respond to this request in ten days, either by providing the requested information or providing a written response setting forth the specific legal authority on which you rely in failing to disclose each requested record, or by specifying a date in the near future to respond to the request. See Cal. Gov’t Code § 6255. Pursuant to section 6253, please disclose all reasonably segregable non-exempt information from any portions of records you claim are exempt from disclosure.
If any records requested above are available in electronic format, please provide them in an electronic format, as provided in Govt. Code § 6253.9. To assist with the prompt release of responsive material, I ask that you make records available to me as you locate them, rather than waiting until all responsive records have been collected and copied. 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.
____________________________
The term “records” as used in this request is defined as “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.” Cal. Govt. Code § 6252, subsection (e). “Writing” is defined as “any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored.” Cal. Govt. Code § 6252 (g).
Thank you in advance for your anticipated cooperation in this matter. Please do not hesitate to contact me with any questions regarding this letter.
Sincerely,
Frank Shinneman
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following California Public Records Act request, copied below, and originally submitted on April 3, 2019. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Marin County Sheriff
Mr. Shinneman,
We are diligently working to begin production of records to you, however, based on our progress so far, we anticipate we may need another week or two before producing documents. Moreover, there are audio recordings that are responsive to your request that will need to be reviewed and redacted. The cost of doing this task is currently unknown. But it is likely to be significant. There are, however, written transcriptions of most of these recordings. Please indicate if you would be willing to accept redacted transcripts in lieu of any responsive and disclosable audio recordings.
Once again, thank you for your patience.
Sincerely,
Rob Smith
[http://mine/mine/AD/Main/pit/logodownload/PrimaryLogo_Email.PNG]
Robert L. Smith
Civil Legal Specialist
Office of the County Counsel
3501 Civic Center Dr, Rm 275
San Rafael, CA 94903
(415) 473-6116
RSmith@marincounty.org
Email Disclaimer: https://www.marincounty.org/main/disclaimers
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From: Frank Shinneman
Thank you for your response. Yes, transcripts of audio recordings would be suitable.
Best Regards,
Frank
From: Marin County Sheriff
Mr. Shinneman,
Please find attached a cover letter and a Dropbox link, in re your above PRA request.
Sincerely,
Rob Smith
https://www.dropbox.com/s/5ripdh1g4jpxwxn/SI%2013-10%20Final%20Redacted.pdf?dl=0
[http://mine/mine/AD/Main/pit/logodownload/PrimaryLogo_Email.PNG]
Robert L. Smith
Civil Legal Specialist
Office of the County Counsel
3501 Civic Center Dr, Rm 275
San Rafael, CA 94903
(415) 473-6116
RSmith@marincounty.org
Email Disclaimer: https://www.marincounty.org/main/disclaimers
From: Frank Shinneman
Dear Mr. Smith,
In your letter of May 14 you identified six additional responsive cases and anticipated one to be available by May17. As no further information has been received please provide an updated schedule.
Thank you for your help in this matter.
Sincerely,
Frank Shinneman
From: Marin County Sheriff
Mr. Shinneman,
Please find attached a cover letter re your above listed PRA request.
Also, below, is the Dropbox links that release two more responsive records.
https://www.dropbox.com/s/f53qvtnpnudru64/SI%2005-12%20NEALON.pdf?dl=0
https://www.dropbox.com/s/kfjn27aquqzrna8/SI%2002-10%20GARRETT.pdf?dl=0
Sincerely,
Rob Smith
[http://mine/mine/AD/Main/pit/logodownload/PrimaryLogo_Email.PNG]
Robert L. Smith
Civil Legal Specialist
Office of the County Counsel
3501 Civic Center Dr, Rm 275
San Rafael, CA 94903
(415) 473-6116
RSmith@marincounty.org
Email Disclaimer: https://www.marincounty.org/main/disclaimers
From: Marin County Sheriff
Mr. Shinneman,
Please find attached a cover letter re your PRA request as well as two additional Dropbox links.
Sincerely,
Rob Smith
[http://mine/mine/AD/Main/pit/logodownload/PrimaryLogo_Email.PNG]
Robert L. Smith
Civil Legal Specialist
Office of the County Counsel
3501 Civic Center Dr, Rm 275
San Rafael, CA 94903
(415) 473-6116
RSmith@marincounty.org
https://www.dropbox.com/s/civjdjymj649ihi/SI%2012-05%20Redacted%205%2030%2019.pdf?dl=0
https://www.dropbox.com/s/i6mohur74i23fk1/SI%2013-12%20%206%207%2019%20redacted.pdf?dl=0
Email Disclaimer: https://www.marincounty.org/main/disclaimers
From: Marin County Sheriff
We are currently having computer problems and will not be able to produce the remaining two events until early next week.
I apologize for the delay.
Sincerely,
Rob Smith
[http://mine/mine/AD/Main/pit/logodownload/PrimaryLogo_Email.PNG]
Robert L. Smith
Civil Legal Specialist
Office of the County Counsel
3501 Civic Center Dr, Rm 275
San Rafael, CA 94903
(415) 473-6116
RSmith@marincounty.org
Email Disclaimer: https://www.marincounty.org/main/disclaimers
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image001
From: Marin County Sheriff
Please find attached cover letter and below the remaining two links to Dropbox.
Sincerely,
Rob Smith
[http://mine/mine/AD/Main/pit/logodownload/PrimaryLogo_Email.PNG]
Robert L. Smith
Civil Legal Specialist
Office of the County Counsel
3501 Civic Center Dr, Rm 275
San Rafael, CA 94903
(415) 473-6116
RSmith@marincounty.org<mailto:RSmith@marincounty.org>
https://www.dropbox.com/s/q64nrgziizs9mpi/SI%2003%2002%206%2017%2019%20REDACTED.pdf?dl=0
https://www.dropbox.com/s/i6mohur74i23fk1/SI%2013-12%20%206%207%2019%20redacted.pdf?dl=0
Email Disclaimer: https://www.marincounty.org/main/disclaimers
From: Marin County Sheriff
Mr. Shinneman,
Very sorry. I sent you a repeat file just now. You had already received SI 13-12.
Here is the link for the one you should have received. Apologies, again.
Rob
[http://mine/mine/AD/Main/pit/logodownload/PrimaryLogo_Email.PNG]
Robert L. Smith
Civil Legal Specialist
Office of the County Counsel
3501 Civic Center Dr, Rm 275
San Rafael, CA 94903
(415) 473-6116
RSmith@marincounty.org<mailto:RSmith@marincounty.org>
https://www.dropbox.com/s/q27mitqshjmtif1/SI16-04%20Redacted%20EDWARDS%20ADDITIONS_Redacted.pdf?dl=0
Email Disclaimer: https://www.marincounty.org/main/disclaimers
From: Marin County Sheriff
Please find attached a letter re audio files and SB 1421.
Sincerely,
Rob Smith
[http://mine/mine/AD/Main/pit/logodownload/PrimaryLogo_Email.PNG]
Robert L. Smith
Civil Legal Specialist
Office of the County Counsel
3501 Civic Center Dr, Rm 275
San Rafael, CA 94903
(415) 473-6116
RSmith@marincounty.org
Email Disclaimer: https://www.marincounty.org/main/disclaimers
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From: Marin County Sheriff
Mr. Shinneman,
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From: Marin County Sheriff
Mr. Shinneman,
Please find attached correspondence in re SB 1421 audio and your PRA request.
Sincerely,
Rob Smith
[http://mine/mine/AD/Main/pit/logodownload/PrimaryLogo_Email.PNG]
Robert L. Smith
Civil Legal Specialist
Office of the County Counsel
3501 Civic Center Dr, Rm 275
San Rafael, CA 94903
(415) 473-6116
RSmith@marincounty.org
Email Disclaimer: https://www.marincounty.org/main/disclaimers
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image001
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