Kendrec McDade Shooting Report [Pasadena City]
| Tracking # |
0003913 |
| Submitted | Aug. 4, 2014 |
| Est. Completion | None |
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Communications
From: Rich Jones
To Whom It May Concern:
Pursuant to the California's Sunshine Amendment (Cal. Const. Art. I, ยง 3(b)), I hereby request the following records:
the full report relating to the Pasadena PD shooting of Kendrec McDade, which occurred in March of 2012. Please note that this request is for the full report, which includes the analysis and reasoning behind the recommendations, not just the OIR recommendations.
The existence of this report was made public by the Pasedena City News: http://www.pasadenastarnews.com/government-and-politics/20140803/report-on-mcdade-shooting-will-remain-largely-secret-when-released-to-pasadena-this-week
I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
In the event that fees cannot be waived, 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,
Rich Jones
From: City of Pasadena
Thank you for your public records request to the City of Pasadena. The city will promptly research your request and contact you should there be any questions. Documents will be prepared and delivered by each department via the mode requested (USMAIL).
Your public records request number is: 0003913
Please refer to this number if contacting the city regarding this request.
From: Boyer, William
August 5, 2014
Mr. Rich Jones
MuckRock News
Dept. MR 12801
POB 55819
Boston, MA 02205
Dear Mr. Jones,
This email is the City's official response pertaining to your FOIA request on Aug. 4, 2014 for a copy of the OIRG report related to the officer involved shooting of Mr. McDade. The City currently does not have documents responsive to your request. Please know that once the report is received, it will be reviewed to determine if any of it can be disclosed to the public/press. Consistent with our earlier statements, we plan to present the report recommendations, along with the Police Department's responses, at an upcoming City Council Public Safety Committee meeting.
Please let me know if you are interested in when that Public Safety Committee meeting will be scheduled and I can also make sure you have copies of the agenda, any staff reports or PowerPoints used.
Please let me know if you have any questions about this reply to your FOIA or if I can be of further assistance to you.
Best,
[cid:image002.jpg@01CFB0B1.D88D69C0]William H. Boyer
Public Information Officer * City Manager's Office * City of Pasadena
(626) 744-4755, Office * (626) 744-4774, FAX
www.cityofpasadena.net<http://www.cityofpasadena.net/> * Citizen Service Center, (626) 744-7311
www.twitter.com/PasadenaGov<http://www.twitter.com/PasadenaGov> * www.facebook.com/cityofpasadena<http://www.facebook.com/cityofpasadena>
From: City of Pasadena
Thank you for your public records request to the City of Pasadena. The city will promptly research your request and contact you should there be any questions. Documents will be prepared and delivered by each department via the mode requested (USMAIL).
Your public records request number is: 0003916
Please refer to this number if contacting the city regarding this request.
From: Boyer, William
Greetings. Wanted to provide you with the latest update from the City on the OIR report.
City officials today (Aug. 7, 2014) met with the Office of Independent Review Group for the purposes of receiving its report related to the officer-involved shooting of Mr. Kendrec McDade.
The City currently has the report and is reviewing it. As of today, no determination has been made if any of it can be disclosed to the public or press. Consistent with our earlier statements, the City does plan to present the report's recommendations, along with the Police Department's responses, at an upcoming City Council Public Safety Committee meeting.
The City had requested that the OIRG provide an independent investigation and evaluation, with recommendations, about the thoroughness and objectivity of the Pasadena Police Department's post-shooting investigation; the officers' training and, as a result, a review of the tactics they used, plus any other "lessons learned" from this event. The report's recommendations are the key part of the report.
Police Chief Phillip Sanchez stated, "The Pasadena Police Department requested the independent review by OIR Group and the OIR report recommendations will be taken very seriously."
I will make sure you are aware of when that Public Safety Committee meeting is scheduled regarding this matter and I will also make sure you have copies of the agenda, any staff reports or PowerPoints used. Please direct any follow-up questions you may have to me. Thank you.
[cid:image002.jpg@01CFB263.84E99240]William H. Boyer
Public Information Officer * City Manager's Office * City of Pasadena
(626) 744-4755, Office * (626) 744-4774, FAX
www.cityofpasadena.net<http://www.cityofpasadena.net/> * Citizen Service Center, (626) 744-7311
www.twitter.com/PasadenaGov<http://www.twitter.com/PasadenaGov> * www.facebook.com/cityofpasadena<http://www.facebook.com/cityofpasadena>
From: Boyer, William
Dear News Media Representative,
Wanted to update you on your new and/or pending CPRA request for the OIR report. This is the most current info I have as of 5:50 p.m., Sept. 11, 2014.
The City intends to provide you with a formal response next week. Currently, please be advised that the City intends to provide the requested document in a redacted form that removes references to legally-protected police officer personnel records. Unless there is a new court order directing the City otherwise, the City will provide the redacted document at the same time to all media outlets that have made similar CPRA requests for the materials no later than close of business Thursday, September 18, 2014.
In the meantime, please let me know if you have any questions.
Best,
WHB
[cid:image003.jpg@01CFCDEA.126D7B80]William H. Boyer
Public Information Officer * City Manager's Office * City of Pasadena
(626) 744-4755, Office * (626) 744-4774, FAX
www.cityofpasadena.net<http://www.cityofpasadena.net/> * Citizen Service Center, (626) 744-7311
www.twitter.com/PasadenaGov<http://www.twitter.com/PasadenaGov> * www.facebook.com/cityofpasadena<http://www.facebook.com/cityofpasadena>
From: Boyer, William
Dear News Media Representatives,
Just want to make sure you are aware that City is indeed headed back to court on this tomorrow. As some of you may already know, the City once again received notice from the PPOA that they will seek another Temporary Restraining Order in this matter to block the City's release of the OIR report and the hearing will be tomorrow on Tuesday, September 16, at 8:30 a.m.<x-apple-data-detectors://1>, in front of Los Angeles County Superior Court Judge James Chalfant. Several other attorneys representing various clients and interests are expected to be there too.
If a TRO is granted, and depending on what the TRO covers, the City most likely will not be releasing a redacted version of the OIR as I indicated to you in the email below. We will have to wait and see what happens tomorrow.
Please let me know if you have any questions.
Thank you.
WHB
From: Boyer, William
Dear News Media Representative:
Wanted to make sure you were aware that another TRO was issued today preventing the City's release of the OIR report on the Kendrec McDade shooting.
The matter was heard this morning before Superior Court Judge James Chalfant. Judge Chalfant renewed the TRO at the request of Pasadena Police Officers Association, preventing the release of even the redacted OIR Report that the City intended to release. The matter returns to his court on October 14, 2014.
The following statement issued by from City Manager Michael J. Beck is being provided for your use in preparation for any news stories, etc. Please let me know if you have any additional questions. Best. --WHB
"The City understands and appreciates the interest of the public and the news media in accessing the Office of Independent Review's report on the shooting of Kendrec McDade. The City continues to support both the principles of open government and our officers' privacy rights as guaranteed by state law. We believe we had the right balance between the two and we were prepared to issue a redacted report. However, as a result of the Court's action this morning, the City has been ordered not to disclose the report or any elements thereof at this time. It is important for the City to be able to release as much information as permissible and we look forward to a fair resolution of this issue."
--Pasadena City Manager Michael J. Beck
[cid:image002.jpg@01CFD1B7.D485E9C0]William H. Boyer
Public Information Officer * City Manager's Office * City of Pasadena
(626) 744-4755, Office * (626) 744-4774, FAX
www.cityofpasadena.net<http://www.cityofpasadena.net/> * Citizen Service Center, (626) 744-7311
www.twitter.com/PasadenaGov<http://www.twitter.com/PasadenaGov> * www.facebook.com/cityofpasadena<http://www.facebook.com/cityofpasadena>
From: Boyer, William
Dear News Media Representatives,
Several of you asked me to get back to you ASAP today on this and this is what I can share--my apologies for the late response today.
Superior Court Judge James Chalfant today shared in court that a redacted version of the OIR Report may be ordered to be released in the next week. At this point, the parties are awaiting an order from the judge on exactly what the City may disclose and timing of release. It is possible that the police officers association, or others, may seek an appeal on the order, which could delay a final decision on the case until sometime in 2015.
Please let me know if you have any additional questions. Thank you.
[cid:image002.jpg@01CFF85C.E19E95A0]William H. Boyer
Public Information Officer * City Manager's Office * City of Pasadena
(626) 744-4755, Office * (626) 744-4774, FAX
www.cityofpasadena.net<http://www.cityofpasadena.net/> * Citizen Service Center, (626) 744-7311
www.twitter.com/PasadenaGov<http://www.twitter.com/PasadenaGov> * www.facebook.com/cityofpasadena<http://www.facebook.com/cityofpasadena>
From: Boyer, William
Dear News Media Representative,
I am sending you this email as you have previously indicated that you wanted to be kept updated on developments in the OIR matter.
For those of you who were not in court today and/or did not have another representative from your organization there, I wanted to make sure, please, that you knew this morning Superior Court Judge James Chalfant entered the judgment in the case regarding the release of the OIR report, directing the City to release the OIR Report with redactions consistent with what the City had proposed, plus some minor additional changes by the judge himself.
Judge Chalfant, however, stayed the judgment for 20 days, allowing other interested parties to pursue this matter with the Court of Appeal. You need to contact the other parties directly if you want info from them.
The City is pleased with Judge Chalfant's decision to release a redacted version of the report. It is the City's hope that the matter can be resolved quickly should an appeal be filed so that the information can be provided.
My apologies for not sending this sooner, but I have been in one meeting after another today and this was the soonest I was able to get to send something to you. Please let me know if you have further questions.
Best,
[cid:image003.jpg@01CFFF6A.6F0BBC10]William H. Boyer
Public Information Officer * City Manager's Office * City of Pasadena
(626) 744-4755, Office * (626) 744-4774, FAX
www.cityofpasadena.net<http://www.cityofpasadena.net/> * Citizen Service Center, (626) 744-7311
www.twitter.com/PasadenaGov<http://www.twitter.com/PasadenaGov> * www.facebook.com/cityofpasadena<http://www.facebook.com/cityofpasadena>
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