Pinole PD - Bay Area Transparency Incident

Anonymous Journalist filed this request with the Pinole Police Department of Pinole, CA .
Status
Completed

Communications

From: Anonymous Journalist

To Whom It May Concern:

Pursuant to the California Public Records Act, I hereby request the following records, all of which require a City of San Jose v Superior Ct (2017) search of personal accounts.

1. All incident reports of the Incident. The "Incident" is the encounter between your officers and Bay Area Transparency on 2020-10-30.
2. All bodycam footage and dashcam footage of the Incident
3. All internal emails regarding the Incident
4. All PR videos created regarding the Incident
5. All internal emails *about the creation* of your PR videos about this Incident. Your Police Department appears to have misled the public about both the duration of the detention and the location of the subject before the encounter and I would like to discover why the PD put out the video that it did.

The requested documents will be made available to the general public on MuckRock.com , and this request is not being made for commercial purposes.

Provide those records available without fees, using electronic reproduction via email.

I have won 11 public records appeals in California and I will litigate all violations of the Public Records Act immediately.

Thank you for your expected cooperation in this matter.

Sincerely,

Anonymous Person

From: Pinole Police Department

Good evening,

I'm writing in response to your March 2nd request for:

1. All incident reports of the Incident. The "Incident" is the encounter between your officers and Bay Area Transparency on 2020-10-30.
2. All bodycam footage and dashcam footage of the Incident
3. All internal emails regarding the Incident
4. All PR videos created regarding the Incident
5. All internal emails *about the creation* of your PR videos about this Incident. Your Police Department appears to have misled the public about both the duration of the detention and the location of the subject before the encounter and I would like to discover why the PD put out the video that it did.
We will conduct a search for the requested records and provide you with a response in accordance with the CA Public Records Act, Government Code 6250 et seq.

Please let me know if you have any questions.

Thank you,

Heather Iopu
Pinole City Clerk
(510) 724-8928
hiopu@ci.pinole.ca.us<mailto:hiopu@ci.pinole.ca.us>

From: Anonymous Journalist

The City of Pinole is currently in violation of Gov Code 6253(c). You have not yet provided a notice within 10 days for each of the 5 requests whether or not disclosable public records exist, and an explanation if they are not disclosable. Please do so immediately, and provide rolling records as soon as possible.

Sincerely,
Anonymous

From: Pinole Police Department

Good morning,

I am writing in response to your 3/2/2021 request for information. I have provided you with responses to each of the five requests, below.

1. All incident reports of the Incident. The "Incident" is the encounter between your officers and Bay Area Transparency on 2020-10-30.

Responsive records are being withheld pursuant to Cal. Gov. Code section 6254(f).

2. All bodycam footage and dashcam footage of the Incident

A portion of the responsive records are being withheld pursuant to Cal. Gov. Code section 6254(f). Redacted footage of the incident is available publically, here:

https://l.facebook.com/l.php?u=https%3A%2F%2Fyoutu.be%2FaazcJKfNjc0%3Ffbclid%3DIwAR1oxNWDDuWmrt43V8SjvgZbAlcX_uP7WwoNtP1RMC681uboJSFfrkmBhD8&h=AT2eFgIVUjClgJpTFgBzPXGXXKaYWELXQRNrs7R9gLZFRUvZxP_GjkZaiMrNHoKjUWkMsF---6OHqghFONyVlDPUf1FZA1dI1WhgFk_fd09Gw61XZZ_iW2AHEVkULgM4YA&__tn__=-UK-R&c[0]=AT3pDq-SmTZQS-y_ARSeaLFd1anVRFv_vl3b4RHkhN78iqTa8ZHdSQZqilGKCDkirr8IhVoPlsD6g-oEduNlaycycPI5h6CTCrx7lPG0SvoxDIPP3F1crBS7ye3SS31K_Thcb6Z4k7S2lCGpTAYM_4Mbdcx9rzBsLaZ4v5GmEaFstdM<https://l.facebook.com/l.php?u=https%3A%2F%2Fyoutu.be%2FaazcJKfNjc0%3Ffbclid%3DIwAR1oxNWDDuWmrt43V8SjvgZbAlcX_uP7WwoNtP1RMC681uboJSFfrkmBhD8&h=AT2eFgIVUjClgJpTFgBzPXGXXKaYWELXQRNrs7R9gLZFRUvZxP_GjkZaiMrNHoKjUWkMsF---6OHqghFONyVlDPUf1FZA1dI1WhgFk_fd09Gw61XZZ_iW2AHEVkULgM4YA&__tn__=-UK-R&c%5b0%5d=AT3pDq-SmTZQS-y_ARSeaLFd1anVRFv_vl3b4RHkhN78iqTa8ZHdSQZqilGKCDkirr8IhVoPlsD6g-oEduNlaycycPI5h6CTCrx7lPG0SvoxDIPP3F1crBS7ye3SS31K_Thcb6Z4k7S2lCGpTAYM_4Mbdcx9rzBsLaZ4v5GmEaFstdM>

3. All internal emails regarding the Incident

Responsive records are being withheld pursuant to Cal. Gov. Code section 6254(f).

4. All PR videos created regarding the Incident

The PR video created regarding the Incident is public record, and may be found here:

https://l.facebook.com/l.php?u=https%3A%2F%2Fyoutu.be%2FaazcJKfNjc0%3Ffbclid%3DIwAR1oxNWDDuWmrt43V8SjvgZbAlcX_uP7WwoNtP1RMC681uboJSFfrkmBhD8&h=AT2eFgIVUjClgJpTFgBzPXGXXKaYWELXQRNrs7R9gLZFRUvZxP_GjkZaiMrNHoKjUWkMsF---6OHqghFONyVlDPUf1FZA1dI1WhgFk_fd09Gw61XZZ_iW2AHEVkULgM4YA&__tn__=-UK-R&c[0]=AT3pDq-SmTZQS-y_ARSeaLFd1anVRFv_vl3b4RHkhN78iqTa8ZHdSQZqilGKCDkirr8IhVoPlsD6g-oEduNlaycycPI5h6CTCrx7lPG0SvoxDIPP3F1crBS7ye3SS31K_Thcb6Z4k7S2lCGpTAYM_4Mbdcx9rzBsLaZ4v5GmEaFstdM<https://l.facebook.com/l.php?u=https%3A%2F%2Fyoutu.be%2FaazcJKfNjc0%3Ffbclid%3DIwAR1oxNWDDuWmrt43V8SjvgZbAlcX_uP7WwoNtP1RMC681uboJSFfrkmBhD8&h=AT2eFgIVUjClgJpTFgBzPXGXXKaYWELXQRNrs7R9gLZFRUvZxP_GjkZaiMrNHoKjUWkMsF---6OHqghFONyVlDPUf1FZA1dI1WhgFk_fd09Gw61XZZ_iW2AHEVkULgM4YA&__tn__=-UK-R&c%5b0%5d=AT3pDq-SmTZQS-y_ARSeaLFd1anVRFv_vl3b4RHkhN78iqTa8ZHdSQZqilGKCDkirr8IhVoPlsD6g-oEduNlaycycPI5h6CTCrx7lPG0SvoxDIPP3F1crBS7ye3SS31K_Thcb6Z4k7S2lCGpTAYM_4Mbdcx9rzBsLaZ4v5GmEaFstdM>

5. All internal emails *about the creation* of your PR videos about this Incident. Your Police Department appears to have misled the public about both the duration of the detention and the location of the subject before the encounter and I would like to discover why the PD put out the video that it did.
Pursuant to Times Mirror Company v. Superior Court, 53 Cal.3d 1325 (1991), any internal emails regarding the creation of the community briefing videos are exempt from disclosure. Records withheld.

We now consider this request complete.

Thank you,

Heather Iopu
Pinole City Clerk
(510) 724-8928
hiopu@ci.pinole.ca.us<mailto:hiopu@ci.pinole.ca.us>

From: Anonymous Journalist

Thank you for your response. I intend to litigate your refusal to provide records. Times Mirror, and presumably the deliberative process privilege, has no applicability to *all* of the emails in #5. Gov Code 6254(f) applies only to open investigations, and there is no evidence there is in fact an open investigation here.

Have a good day.

Sincerely,
Anonymous

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