California Public Records Act Request: SB 1421 Police Complaints (Oxnard PD)

Sarah Aspell filed this request with the Oxnard Police Department of Oxnard, CA .
Tracking #

20-403

Status
Completed

Communications

From: Sarah Aspell


To Whom It May Concern:

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

SB 1421 became law in January 2019 in the State of California. (https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1421)
Under it, records pertaining to certain kinds of police incidents are newly eligible for disclosure under CPRA.

I am making the following request for the following 27 officers with the agency. If any officer included in this list is no longer with the agency, I request historical records for that officer:

1. Alvaro Pulido
2. Jason Pallotto
3. Ricardo Turrubiartes
4. Abel Alaniz
5. Oscar Toraya
6. John McBride
7. Kevin Thompson
8. Eric Sonstegard
9. Mike Wood
10. Alex Arnett
11. Ricardo Vazquez
12. Greg Harasymowycz
13. Roger Garcia
14. John Brisslinger
15. Jess Aragon
16. Don Ehrhardt
17. Pedro Rodriguez
18. Rocky Marquez
19. Zack Stiles
20. Ryan Lockner
21. Ernie Orozco
22. Matthew Ross
23. Steven Ramirez
24. Michael Bocanegra
25. Roslynn Wilfert
26. Aaron Zavala
27. Kyle Brantner

I hereby request the following records for each listed officer at the agency:
a) Incidents involving the discharge of a firearm at a person by a peace or custodial officer

b) Incidents in which the use of force by a peace officer or custodial officer against a person resulted in death, or in great bodily injury

c)Any record(s) relating to any incident(s) in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in sexual assault involving a member of the public.

d) Any record(s) relating to any incident(s) in which a sustained finding was made by any law enforcement agency or oversight agency of dishonesty by a peace officer or custodial officer directly relating to the reporting, investigation, or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, another peace officer or custodial officer, including, but not limited to, any sustained finding of perjury, false statements, filing false reports, destruction, falsifying, or concealing of evidence.

e) any civilian complaint that is not otherwise encapsulated by the aforementioned, and is not exempt from disclosure.

This includes all of the following pertinent documents, as described in the statute:
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.

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,

Sarah Aspell

From: Oxnard Police Department

Good morning,

Thank you for your request. All PRA requests are handled through Simone,
with our City Clerk's Office. I've included her in this email to assist
you.

Someone will be in touch with you shortly.

Thank you.
All the best,

Beth R. Ward
Records and Property Manager
Oxnard Police Department
251 South C Street
Oxnard, CA 93030
805-385-7608
Due to COVID-19, my schedule varies. I will respond as soon as possible.

"*Discipline is the bridge between goals and accomplishment" -*Jim Rohn

---------- Forwarded message ---------
From: <requests@muckrock.com>
Date: Sun, Sep 13, 2020 at 6:31 PM
Subject: California Public Records Act Request: California Public Records
Act Request: SB 1421 Police Complaints (Oxnard PD)
To: <beth.ward@oxnardpd.org>

Oxnard Police Department
PRA Office
251 South C Street
Oxnard, CA 93030

September 13, 2020

To Whom It May Concern:

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

SB 1421 became law in January 2019 in the State of California. (
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1421
)
Under it, records pertaining to certain kinds of police incidents are newly
eligible for disclosure under CPRA.

I am making the following request for the following 27 officers with the
agency. If any officer included in this list is no longer with the agency,
I request historical records for that officer:

1. Alvaro Pulido
2. Jason Pallotto
3. Ricardo Turrubiartes
4. Abel Alaniz
5. Oscar Toraya
6. John McBride
7. Kevin Thompson
8. Eric Sonstegard
9. Mike Wood
10. Alex Arnett
11. Ricardo Vazquez
12. Greg Harasymowycz
13. Roger Garcia
14. John Brisslinger
15. Jess Aragon
16. Don Ehrhardt
17. Pedro Rodriguez
18. Rocky Marquez
19. Zack Stiles
20. Ryan Lockner
21. Ernie Orozco
22. Matthew Ross
23. Steven Ramirez
24. Michael Bocanegra
25. Roslynn Wilfert
26. Aaron Zavala
27. Kyle Brantner

I hereby request the following records for each listed officer at the
agency:
a) Incidents involving the discharge of a firearm at a person by a peace or
custodial officer

b) Incidents in which the use of force by a peace officer or custodial
officer against a person resulted in death, or in great bodily injury

c)Any record(s) relating to any incident(s) in which a sustained finding
was made by any law enforcement agency or oversight agency that a peace
officer or custodial officer engaged in sexual assault involving a member
of the public.

d) Any record(s) relating to any incident(s) in which a sustained finding
was made by any law enforcement agency or oversight agency of dishonesty by
a peace officer or custodial officer directly relating to the reporting,
investigation, or prosecution of a crime, or directly relating to the
reporting of, or investigation of misconduct by, another peace officer or
custodial officer, including, but not limited to, any sustained finding of
perjury, false statements, filing false reports, destruction, falsifying,
or concealing of evidence.

e) any civilian complaint that is not otherwise encapsulated by the
aforementioned, and is not exempt from disclosure.

This includes all of the following pertinent documents, as described in the
statute:
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.

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,

Sarah Aspell

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Upload documents directly:
https://www.muckrock.com/
Is this email coming to the wrong contact? Something else wrong? Use the
above link to let us know.

For mailed responses, please address (see note):
MuckRock News
DEPT MR 102079
411A Highland Ave
Somerville, MA 02144-2516

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is
being sent through MuckRock by the above in order to better track, share,
and manage public records requests. Also note that improperly addressed
(i.e., with the requester's name rather than "MuckRock News" and the
department number) requests might be returned as undeliverable.

From: Oxnard Police Department

Dear Ms. Aspell:

This email serves to acknowledge your recent Public Records Act request. We
received this request in the Office of the City Clerk on September 14, 2020.
This request has been assigned file number PR #20-403 and reads as follows:

*“ **I am making the following request for the following 27 officers with
the agency. If any officer included in this list is no longer with the
agency, I request historical records for that officer: 1. Alvaro Pulido, 2.
Jason Pallotto, 3. Ricardo Turrubiartes, 4. Abel Alaniz, 5. Oscar Toraya,
6. John McBride,7. Kevin Thompson,8. Eric Sonstegard,9. Mike Wood,10. Alex
Arnett,11. Ricardo Vazquez, 12. Greg Harasymowycz, 13. Roger Garcia, 14.
John Brisslinger, 15. Jess Aragon, 16. Don Ehrhardt, 17. Pedro Rodriguez,
18. Rocky Marquez,19. Zack Stiles, 20. Ryan Lockner, 21. Ernie Orozco, 22.
Matthew Ross, 23. Steven Ramirez, 24. Michael Bocanegra, 25. Roslynn
Wilfert, 26. Aaron Zavala, 27. Kyle Brantner I hereby request the following
records for each listed officer at the agency: a) Incidents involving the
discharge of a firearm at a person by a peace or custodial officer b)
Incidents in which the use of force by a peace officer or custodial officer
against a person resulted in death, or in great bodily injury c)Any
record(s) relating to any incident(s) in which a sustained finding was made
by any law enforcement agency or oversight agency that a peace officer or
custodial officer engaged in sexual assault involving a member of the
public. d) Any record(s) relating to any incident(s) in which a sustained
finding was made by any law enforcement agency or oversight agency of
dishonesty by a peace officer or custodial officer directly relating to the
reporting, investigation, or prosecution of a crime, or directly relating
to the reporting of, or investigation of misconduct by, another peace
officer or custodial officer, including, but not limited to, any sustained
finding of perjury, false statements, filing false reports, destruction,
falsifying, or concealing of evidence. e) any civilian complaint that is
not otherwise encapsulated by the aforementioned, and is not exempt from
disclosure. This includes all of the following pertinent documents, as
described in the statute: 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*. *“*

We have forwarded the request to the appropriate staff records holders for
fulfillment. We will make every effort to provide the requested records or
further determination by September 24, 2020.

Please feel free to contact me should you have any questions or concerns
before then.

Sincerely,

Simone

---------- Forwarded message ---------
From: Ward, Beth <beth.ward@oxnardpd.org>
Date: Mon, Sep 14, 2020 at 11:52 AM
Subject: Fwd: California Public Records Act Request: California Public
Records Act Request: SB 1421 Police Complaints (Oxnard PD)
To: <requests@muckrock.com>, Simone Seydoux <
simone.seydoux@oxnard.org>

Good morning,

Thank you for your request. All PRA requests are handled through Simone,
with our City Clerk's Office. I've included her in this email to assist
you.

Someone will be in touch with you shortly.

Thank you.
All the best,

Beth R. Ward
Records and Property Manager
Oxnard Police Department
251 South C Street
Oxnard, CA 93030
805-385-7608
Due to COVID-19, my schedule varies. I will respond as soon as possible.

"*Discipline is the bridge between goals and accomplishment" -*Jim Rohn

---------- Forwarded message ---------
From: <requests@muckrock.com>
Date: Sun, Sep 13, 2020 at 6:31 PM
Subject: California Public Records Act Request: California Public Records
Act Request: SB 1421 Police Complaints (Oxnard PD)
To: <beth.ward@oxnardpd.org>

Oxnard Police Department
PRA Office
251 South C Street
Oxnard, CA 93030

September 13, 2020

To Whom It May Concern:

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

SB 1421 became law in January 2019 in the State of California. (
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1421
)
Under it, records pertaining to certain kinds of police incidents are newly
eligible for disclosure under CPRA.

I am making the following request for the following 27 officers with the
agency. If any officer included in this list is no longer with the agency,
I request historical records for that officer:

1. Alvaro Pulido
2. Jason Pallotto
3. Ricardo Turrubiartes
4. Abel Alaniz
5. Oscar Toraya
6. John McBride
7. Kevin Thompson
8. Eric Sonstegard
9. Mike Wood
10. Alex Arnett
11. Ricardo Vazquez
12. Greg Harasymowycz
13. Roger Garcia
14. John Brisslinger
15. Jess Aragon
16. Don Ehrhardt
17. Pedro Rodriguez
18. Rocky Marquez
19. Zack Stiles
20. Ryan Lockner
21. Ernie Orozco
22. Matthew Ross
23. Steven Ramirez
24. Michael Bocanegra
25. Roslynn Wilfert
26. Aaron Zavala
27. Kyle Brantner

I hereby request the following records for each listed officer at the
agency:
a) Incidents involving the discharge of a firearm at a person by a peace or
custodial officer

b) Incidents in which the use of force by a peace officer or custodial
officer against a person resulted in death, or in great bodily injury

c)Any record(s) relating to any incident(s) in which a sustained finding
was made by any law enforcement agency or oversight agency that a peace
officer or custodial officer engaged in sexual assault involving a member
of the public.

d) Any record(s) relating to any incident(s) in which a sustained finding
was made by any law enforcement agency or oversight agency of dishonesty by
a peace officer or custodial officer directly relating to the reporting,
investigation, or prosecution of a crime, or directly relating to the
reporting of, or investigation of misconduct by, another peace officer or
custodial officer, including, but not limited to, any sustained finding of
perjury, false statements, filing false reports, destruction, falsifying,
or concealing of evidence.

e) any civilian complaint that is not otherwise encapsulated by the
aforementioned, and is not exempt from disclosure.

This includes all of the following pertinent documents, as described in the
statute:
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.

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,

Sarah Aspell

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Upload documents directly:
https://www.muckrock.com/
Is this email coming to the wrong contact? Something else wrong? Use the
above link to let us know.

For mailed responses, please address (see note):
MuckRock News
DEPT MR 102079
411A Highland Ave
Somerville, MA 02144-2516

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is
being sent through MuckRock by the above in order to better track, share,
and manage public records requests. Also note that improperly addressed
(i.e., with the requester's name rather than "MuckRock News" and the
department number) requests might be returned as undeliverable.
--
Simone Seydoux
Assistant City Clerk
City of Oxnard
805-385-8200

From: Oxnard Police Department

Dear MuckRock News,

Please see the attached files responsive to your California Public Records
Act ("CPRA") request. This completes the City's response to your CPRA
request. I provide this determination in my capacity as Deputy City
Attorney in consultation with the City's Records and Property Manager Beth
Ward. If you have any questions, please do not hesitate to contact me.

Thank you,
14-12554 OIS Case File_final_Redacted.pdf
<https://drive.google.com/file/d/1Vj5d1c2Dzvn1RuUyBr31LYTw5re5BhM0/view?usp=drive_web>
15-34013 Garcia OIS - Redacted.pdf
<https://drive.google.com/file/d/1A1Hu47N26WngUeC6YDdATvyRi0epUQNj/view?usp=drive_web>

--
Andrew Gonzalez
Deputy City Attorney
Office of the City Attorney
City of Oxnard
305 West Third Street, Suite 100E
Oxnard, CA 93030
(805) 385-7483 <8053857483>
Fax: (805) 385-7423 <8053857423>
Andrew.Gonzalez@Oxnard.org

NOTICE: This communication may contain privileged or other confidential
information. If you are not the intended recipient of this communication,
or an employee or agent responsible for delivering this communication to
the intended recipient, please advise the sender by reply email and
immediately delete the message and any attachments without copying or
disclosing the contents. Please note that the City of Oxnard operates on a
9/80 schedule and is closed on alternating Fridays. Thank you.

From:

I've shared an item with you:

14-12554 OIS Case File_final_Redacted.pdf
https://drive.google.com/file/d/1Vj5d1c2Dzvn1RuUyBr31LYTw5re5BhM0/view?usp=sharing&invite=CI2eh6oD&ts=5f60f8c8

It's not an attachment -- it's stored online. To open this item, just click
the link above.

From:

I've shared an item with you:

15-34013 Garcia OIS - Redacted.pdf
https://drive.google.com/file/d/1A1Hu47N26WngUeC6YDdATvyRi0epUQNj/view?usp=sharing&invite=COvnkPQL&ts=5f60f8f0

It's not an attachment -- it's stored online. To open this item, just click
the link above.

From: Sarah Aspell

Dear Mr. Gonzalez

I appreciate your timely reply and release of reports.

If I understand correctly, you have shared files related to two Officer Involved Shootings involving Roger Garcia.

Does this mean there are no responsive documents concerning (a) discharge of firearm, (b) use of force resulting in serious injury or death, (c) sustained allegations of sexual assault, (d) dishonesty, or (e) civilian complaints involving any of the other personnel named in my original request?

I am attaching a list of those names for your reference.

Thank you for your help,
Sarah

From: Oxnard Police Department

Dear MuckRock News,

Yes, the two previously emailed documents complete the City's response to
your CPRA request. I provide this determination in my capacity as Deputy
City Attorney in consultation with the City's Records and Property Manager
Beth Ward. If you have any questions, please do not hesitate to contact
me.

Thank you,

--
Andrew Gonzalez
Deputy City Attorney
Office of the City Attorney
City of Oxnard
305 West Third Street, Suite 100E
Oxnard, CA 93030
(805) 385-7483 <8053857483>
Fax: (805) 385-7423 <8053857423>
Andrew.Gonzalez@Oxnard.org

NOTICE: This communication may contain privileged or other confidential
information. If you are not the intended recipient of this communication,
or an employee or agent responsible for delivering this communication to
the intended recipient, please advise the sender by reply email and
immediately delete the message and any attachments without copying or
disclosing the contents. Please note that the City of Oxnard operates on a
9/80 schedule and is closed on alternating Fridays. Thank you.

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