FOIA - #BlackLivesMatter - PD comms during protests (San Jose Police Department) • MuckRock

4 Communications
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Communications

From: J Ader

06/12/2020

Subject: California Public Records Act Request: FOIA - #BlackLivesMatter - PD comms during protests (San Jose Police Department)

To Whom It May Concern:

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

All internal notes, memos, bulletins, alerts, and emails created and/or received from 5/27/2020 to 6/12/2020 containing/mentioning any of the following terms:

- #ICantBreathe
- Icantbreathe
- I Can't Breathe
- George Floyd
- #GeorgeFloyd
- Derek Chauvin
- #DerekChauvin
- #JusticeforFloyd
- Justice for Floyd
- #JusticeforGeorge
- #BlackLivesMatter
- #BLM
- Black Lives Matter

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,

J Ader

From: San Jose Police Department

06/18/2020

Subject: Re: California Public Records Act Request: FOIA - #BlackLivesMatter - PD comms during protests (San Jose Police Department)

Good afternoon,

The Department objects to this request on the basis that the request is overly burdensome. The California Supreme Court has held that a public records request which compels the production of a huge volume of material may be objectionable as unduly burdensome. See California First Amendment Coalition v. The Superior Court of Sacramento (1998) 67 Cal.App.4th 159.

Your request seeks records “…all internal notes, memos, bulletins, alerts, and emails created and/or received …”; as the Department has over 1,400 personnel, the process of fulfilling your request would necessitate compiling, examining, and producing an enormous volume of records. Furthermore, records relating to operations plans, tactical strategies, investigations, or those which would compromise the safety of officers will not be released as they are exempt from public disclosure pursuant to Government Code 6254(f); your request seeks 10+ key terms and an extensive review of responsive records would be required to determine which records are exempt from public disclosure.

Should you desire to pursue the request, please provide further input to narrow the request.

Thank you,

April Benoit #1180N

Research & Development

San Jose Police Department

201 W. Mission St. San Jose, CA 95110

Main: (408) 277-5200 | Direct: (408) 537-1658

April.Benoit@sanjoseca.gov<mailto:April.Benoit@sanjoseca.gov>

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From: J Ader

06/18/2020

Subject: RE: California Public Records Act Request: FOIA - #BlackLivesMatter - PD comms during protests (San Jose Police Department)

Officer Benoit,

Thank you for your reply. I understand this request has been deemed unduly burdensome, thus I would like to amend my request to the following:

Pursuant to the Illinois Freedom of Information Act., I hereby request the following records:

All documents posted/sent from the COPLINK platform, TLOxp, WSIN system, and/or NCRIC database posted and/or received from 5/27/2020 to 6/12/2020 containing/mentioning any of the following terms:

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

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.

Please let me know if you need any further information or clarification from my end.

Sincerely,
- J. Ader