Native American Death Certificates

Sovereign Bodies Institute filed this request with the County Clerk of San Benito County, CA.
Tracking #

20-8

Status
Rejected

Communications

From: Sovereign Bodies Institute


To Whom It May Concern:

Pursuant to the California Public Records Act, I hereby request the following records:

Informational copies of all American Indian and Alaska Native death certificates held by the San Benito County Clerk's office.

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.

Sincerely,

Sovereign Bodies Institute

From: County Clerk

Sovereign Bodies Institute,

I'm writing this email on behalf of the County Clerk. We apologize if you did not receive an email response. This PRA would be more suited for the Public Health Officer. They compile statistical information regarding deaths. The County Recorder maintains the Death Records as the custodian of Vitals Records. We can sell a certified copy to an immediate relative or an informational copy to a member of the public. We don't catalog records by race or ethnicity, only by name.
I'm including the Clerk of the Board, Jennifer Frechette, to this email. She is responsible for coordinating PRA's for the County of San Benito. I'm going to turn this request over to Ms. Frechette and let her forward to the correct administrator from the Public Health Office.

Let me know if this information helps and don't hesitate to call me.

Respectfully,

Francisco Diaz
Assistant County Clerk-Recorder-Registrar of Voters

[cid:image001.png@01D614C7.9484D8F0]

County Clerk-Recorder-Elections
440 Fifth Street, Room 206 Hollister, CA 95023
Fax: (831) 636-2939 | Phone: (831) 636-4016 ext.15
Website: www.SBCVote.us<http://www.sbcvote.us/> | Email: fdiaz@cosb.us<mailto:fdiaz@cosb.us>

Follow our Elections Department on Twitter: [cid:image002.png@01D614C7.9484D8F0] <twitter.com/sbcvote>

From: County Clerk

San Benito County

************************************************************************

Hi there

Your first San Benito County record request (request number #20-8) has been submitted.
It is currently unpublished and is not available for the general public to view.

Thank you for your request. Please be advised that County staff have received your CPRA request. San Benito County takes CPRA requests seriously and will respond in accordance with the law.

Within the next 10 days, we will determine whether your request seeks copies of disclosable records in the County's possession or whether the County will require an extension.

As the requester, you can always see the status of your
request by signing into the San Benito County Public Records
portal here.

If you haven't already activated your account,
click here to get started.
Once your account is activated, your request will be visible at the following link:
Request #20-8.

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From:

The Clerk of the Board is in receipt of your request, our office received it on October 20, 2020. Please advise we will respond by October 30.

Thank you,

Jennifer Frechette
Clerk of the Board
481 Fourth Street
Hollister, CA 95023
Office: (831) 636-4000, Ext.13
JFrechette@cosb.us
Follow us on:
[cid:image004.jpg@01D6A791.F04923F0]<http://www.facebook.com/COSB.Admin>[cid:image005.jpg@01D6A791.F04923F0]<http://www.twitter.com/SanBenitoCounty>[cid:image006.jpg@01D6A791.F04923F0]<http://www.instagram.com/SanBenitoCounty>

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From:

Dear Sovereign Bodies Institute:

The County received your Public Records Act Request dated October 7, 2020 seeking informational copies of all American Indian and Alaska Native death certificates held by the San Benito County Clerk's office.
The Public Records Act provides for access to public records that are responsive to a request for identifiable or described records, assuming there is no exemption under the PRA or evidentiary privilege that would allow an agency to withhold them.

We have reviewed the legal authority to release this information and have determined that the information you requested is contained in records which the County cannot provide or alternatively the underlying data, because the disclosure is exempted under law. (Cal. Gov't Code Section 6254(k).) The applicable legal authorities do not permit disclosure of the data or alternatively non-certified copies of death certificates. (See Health & Safety Code sections 102100, 102230, 102231, 102360, 103650, 103526, 103655, Government Code section 6276.06 and 17 Cal. Code Regs. section 902.) Because the information you seek is protected by law and not subject to the PRA we cannot provide you with the data as requested. Moreover, the information the County has access to is contained in a State database accessed by the county health authority and agreements with the state restrict how we may use/disclose that data.
We suggest instead that you request the data from State of California, if you haven't already, as they maintain the database of deaths in all 58 counties and may have the legal authority to provide you with the data. The website address is:
https://www.cdph.ca.gov/Programs/CHSI/Pages/Data-and-Statistics-.aspx

The County Recorder, as the custodian of Vital Records can provide you with informational death certificates if you provide the name of the individual and fill out the appropriate forms. If you would like to pursue this route, please visit the County Recorder website. The cost of an informational birth certificate is $21.00.

Regards,

Irma F. Valencia
Deputy County Counsel

[cid:image003.png@01D6A7AF.7D84D120]
Irma Valencia
Deputy County Counsel
County of San Benito
481 Fourth St. 2nd Floor
Hollister, CA 95023
(831) 636-4040 (main line)
(831) 634-4905 (direct line)
ivalencia@cosb.us<mailto:ivalencia@cosb.us>

From: County Clerk

San Benito County

************************************************************************

Hi there

A message was sent to you regarding record request #20-8:

Dear Sovereign Bodies Institute:

 

The County received your Public Records Act Request dated October 7, 2020 seeking informational copies of all American Indian and Alaska Native death certificates held by the San Benito County Clerk's office.

The Public Records Act provides for access to public records that are responsive to a request for identifiable or described records, assuming there is no exemption under the PRA or evidentiary privilege that would allow an agency to withhold them.

 

We have reviewed the legal authority to release this information and have determined that the information you requested is contained in records which the County cannot provide or alternatively the underlying data, because the disclosure is exempted under law. (Cal. Gov’t Code Section 6254(k).) The applicable legal authorities do not permit disclosure of the data or alternatively non-certified copies of death certificates. (See Health &amp; Safety Code sections 102100, 102230, 102231, 102360, 103650, 103526, 103655, Government Code section 6276.06 and 17 Cal. Code Regs. section 902.)  Because the information you seek is protected by law and not subject to the PRA we cannot provide you with the data as requested. Moreover, the information the County has access to is contained in a State database accessed by the county health authority and agreements with the state restrict how we may use/disclose that data.

We suggest instead that you request the data from State of California, if you haven’t already, as they maintain the database of deaths in all 58 counties and may have the legal authority to provide you with the data.   The website address is: 

   https://www.cdph.ca.gov/Programs/CHSI/Pages/Data-and-Statistics-.aspx

 

The County Recorder, as the custodian of Vital Records can provide you with informational death certificates if you provide the name of the individual and fill out the appropriate forms.  If you would like to pursue this route, please visit the County Recorder website.  The cost of an informational birth certificate is $21.00. 

 

Regards,

 

Irma F. Valencia

Deputy County Counsel

 

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From: County Clerk

San Benito County

************************************************************************

Hi there

Record request #20-8 has been closed. The closure reason supplied was:

Your request has been closed, please see the response to your request.

 

Thank you, Jennifer Frechette Clerk of the Board

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From: County Clerk

San Benito County

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Hi there

Record request #20-8 has been published and is now available for public view.

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at San Benito County.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

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