Recorded Securus Phone Calls and/or Communications Records and Contracts and Supporting Documents - San Mateo County

Robert Teel filed this request with the Sheriff's Office of San Mateo County, CA.
Status
Completed

Communications

From: Robert Teel

To Whom It May Concern:

Pursuant to the California Public Records Act (California Government Code §§ 6250), I hereby request the following records:

Please provide:

(1) all (i) audio or visual records and recordings, or (ii) written transcriptions, notes, reports, spreadsheets, logs, or memoranda, or (iii) other information, about, in connection with, or of, any and all phone calls, emails, videos, or other communications made or received by detainees or inmates using any Securus phone or communication system, including without limitation the Securus Secure Call Platform or the AdvanceConnect Direct Bill, Traditional Collect, Inmate Debit, Jail Voicemail, Video Visitation, Securus Online, or Secure Instant Email, for any detention facilities operated by you, including without limitation the detention facilities set for below, and including without limitation records and recordings of:

(a) the content of the communication;
(b) the prisoners’ first and last names;
(c) the phone numbers they called or received calls from;
(d) the date, time, and duration of the calls;
(e) the inmates’ Securus account numbers;
(f) the metadata for the communication;
(g) the recording URL where the audio recordings of the calls can be downloaded; and
(h) any other information collected by Securus or you in connection with such calls; and

(2) all contracts, agreements, correspondence, documents, statements, writings and recordings of every kind (mechanical, electronic, typed or written) by and between the San Diego County Sherriff’s Department or any other law enforcement agency and Securus, including but not limited to, letters, correspondence, memoranda, notes, audio recordings, spreadsheets, reports, logs, and transcriptions in the possession of, or subject to the control of you or Securus.

List of Detention Facilities:

San Mateo County – Maguire Correctional Facility
San Mateo County – Maple Street Correctional Center
San Mateo County – Men’s and Women’s Transitional Facility
San Mateo County – Women’s Correctional Facility

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,

Robert Teel

From: Adam Ely

Please find attached letter extending the response deadline pursuant to California Government Code 6353(c)(3).

From: Robert Teel

Dear Deputy Ely,

Thank you for your reply. Without limiting the request, please provide all materials available in electronic format under California Government Code Sec. 6253.9 first, and an estimate of the direct cost for such production. Similar requests in other jurisdictions have all been produced electronically. To the extent any materials cannot be produced electronically, I would appreciate an estimate of the direct cost of duplication as it may be more efficient to arrange an inspection.

Thank you for your consideration.

Sincerely,
Robert Teel

From: Annabelle Gaiser

Dear Mr. Teel,

I sent this email to you on Friday but it bounce back. Please reply and confirm that you receive it this time. My apologies.

Thank you.

Annabelle Gaiser
County of San Mateo | County Counsel's Office
400 County Center, Sixth Floor | Redwood City, CA 94063
Tel.: (650) 363-4748 | Fax: (650) 363-4034
Email: agaiser@smcgov.org<mailto:agaiser@smcgov.org> | Website: http://www.smcgov.org<http://www.smcgov.org/>
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From: Robert Teel

Hello Annabelle,

I did receive the email and will follow up in more detail in the next few days. Please do not close your file.

In the meantime, suffice it to say I disagree with your agency's failure to produce any responsive materials at all and the manner in which the denial was made. In particular, regarding your agency's determination that public disclosure is outweighed by non-disclosure, please be informed the requested information implicates the public's rights under the Fourth and Sixth Amendment to the U.S. Constitution, the California Constitution Article 1, and the California Penal Code

There is no higher public interest in disclosure than that. To the extent the conduct of either the agency or Securus offends the constitutional and legal rights of detainees or members of the public, the public is most certainly entitled to know.

Setting aside the recordings themselves, I have asked for all emails, contracts, and other records between the agency and Securus. These are not investigative records in any way shape or form and do not fall within any exemption cited or available.

I have reviewed emails, contracts, documents, and call logs/spreadsheets from other jurisdictions from both within California and other states. There is nothing exempt about these records and materials. Further, it is the agency's burden to redact any information it feels is entitled to non-disclosure.

I wil review the cases and other statutes you have cited and follow up in the next few days. Several agencies I have dealt with have destroyed emails in an effort to hide their contents from coming to light. Accordingly, I need to request that all of the materials I requested, and in particular emails and attachments between Securus and the Sheriff's office, be maintained as evidence should resort to legal process be necessary.

Please reconsider your blanket denial of my request in toto in order to avoid needless legal proceedings. Thank you for your consideration.

Sincerely,
Robert Teel

From: Adam Ely

Mr. Teel,

Please find attached the documents responsive to your request.

Adam Ely
San Mateo County
Deputy County Counsel
(650) 363-1824

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