Effectiveness of PredPol predictive policing systems (Modesto Police Department)

Dear Mr. Harris,

The City is in receipt of your request, however the receipt date of your request is November 14, 2018. The due date for this request is November 26, 2018 due to the holiday. You will again receive an email from me by that date.
I have attached the original request for your reference.

Sincerely,

Dana Sanchez
Administrative Office Assistant III (Confidential)
City Clerk’s Office
1010 10th Street. Suite 6600
Modesto, CA. 95354
(209) 577-5487
dasanchez@modestogov.com<mailto:dasanchez@modestogov.com>

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Dear Mr. Harris:

This email is in response to your written request for public records received by the City on November 14, 2018. We are treating your request as a request for public records in accordance with California Government Code Section 6250 and following (the California Public Records Act, or "the Act"). The Act requires that public agencies make reasonably identified, non-exempt public records available for inspection or provide copies upon payment of the direct costs of duplication.

This email satisfies the City's requirement to notify you within ten (10) days whether the requested records will be disclosed. (Gov. Code 6253(c).) At this time we would like to inform you that a 14-day extension is necessary under Gov. Code section 6253(c)(1)(3). The City has the need:

* To search for and collect the requested records from field facilities or other establishments separate from the office processing the request;

* To consult with another agency having substantial interest in the request (such as a state agency), or among two or more components of the local agency (such as two city departments) with substantial interest in the request;

You will again be contacted regarding this request on or before December 7, 2018.

Sincerely,

Dana Sanchez
Administrative Office Assistant III (Confidential)
City Clerk's Office
1010 10th Street. Suite 6600
Modesto, CA. 95354
(209) 577-5487
dasanchez@modestogov.com<mailto:dasanchez@modestogov.com>

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December 7, 2018

Via E-mail

Re: Public Records Act Request

Dear Mr. Harris:

This letter is in response to your request for public records received by the City of Modesto ("City") on November 14, 2018, and subsequently updated via correspondence to inform you the City needed more time to respond.

We are treating your request as a request for public records in accordance with California Government Code Section 6250 and following (the California Public Records Act, or the "CPRA"). The CPRA requires that public agencies make reasonably identified, non-exempt public records available for inspection or provide copies upon payment of the direct costs of duplication. Specifically, you requested the following:

"All pilot programs, studies, research, white papers, internal presentations, data and documents regarding the effectiveness or validation of PredPol either within the agency, or at other organisations.

Similarly, any data, research or documents concerning PredPol's value for money or return on investment, compared to other policing methods.

Predpol to mean any software, hardware or systems provided to the agency by PredPol Inc, or its agents or representatives, whether free of charge or at cost.

Search to run from 1/1/2012 to the current date."

Public, non-exempt records responsive to your request will be sent to you in the email that is included with this letter. The CPRA permits public agencies to withhold "[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 related to privilege." (Gov't Code § 6254(k).) Certain records, or portions of certain records, are being withheld pursuant to these allowed exemptions, listed below.

The City is withholding certain responsive records responsive to your request because they are exempt from disclosure under Government Code section 6254(a), which allows for "preliminary drafts, notes, or interagency or intra-agency memoranda that are not retained...in the ordinary course of business" to be withheld when the public interest in withholding the records clearly outweighs the public interest in disclosure. The public interest in withholding interagency draft correspondence and working documents clearly outweighs the public interest in disclosure, as City staff must be provided some measure of privacy for written discourse related to draft versions of documents concerning matters pending administrative action. (Citizens for a Better Environment v. Department of Food & Agriculture (1985) 171 Cal.App.3d 704, 712.)

Additionally, certain records responsive to this request are exempt from disclosure under the Act's "deliberative process privilege," implied by California courts from the "public interest exemption" in Government Code Section 6255. Under this exemption, records containing information which could expose the public agency's decision-making process in such a way as to discourage candid discussion within the agency and undermine its ability to perform its functions are exempt from disclosure. (See Gov't Code § 6255; Times Mirror Co. v. Superior Court (1991) 53 Cal.3d 1325; Rogers v. Superior Court (1993) 19 Cal.App.4th 469; and EPA v. Mink (1973) 410 U.S. 73.) Records responsive to your request are also being withheld under Government Code section 6255, which exempts records from disclosure where the public interest in nondisclosure clearly outweighs the public interest in disclosure, where the release of information would represent a threat to public safety.

I am responsible for this determination, following consultation with our City Attorney's Office.

Sincerely,

Dana Sanchez
Administrative Office Assistant III (Confidential)
City Clerk's Office
1010 10th Street. Suite 6600
Modesto, CA. 95354
(209) 577-5396
dasanchez@modestogov.com<mailto:dasanchez@modestogov.com>

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