Harbormaster Curtis Havel and Eva Kanemoto Communications, and Law Enforcement Update

Robbie Powelson filed this request with the Richardson Bay Regional Agency of San Rafael, CA.
Est. Completion None
Status
Fix Required

Communications

From: Robbie Powelson


To Whom It May Concern:

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

All emails communications and their attachments that were sent, received, drafted or otherwise created between Harbormaster Curtis Havel and Eva Kanemoto between August 18, 2019 and May 14th, 2021.

All telephonic text communications between Curtis Havel and Eva Kanemoto between August 18, 2019 and May 14th, 2021.

All email communications between Curtis Havel or Jim Malcolm between Sheriff DeputiesDaniel White, Roy Olson, David Chellson, Pierre Ahuncain, as well as Michael Mckiney of Sausalito Police between April 23rd 2021 to May 14th 2021

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,

Robbie Powelson

From: Richardson Bay Regional Agency

Good Morning,
Please see the attached response to your Public Record Act request.
Thank you,
Sasha

[Title: Primary Logo - Description: County of Marin Primary Logo Visit us at http://www.marincounty.org/cl]<http://www.marincounty.org/cl>
. . . . . . . . .
Sasha Sanderson
Civil Legal Specialist
County of Marin
Office of the County Counsel
3501 Civic Center Drive, Suite 275
San Rafael, CA 94903
415 473 7890 T
415 473 3796 F
415 473 2226 TTY
CRS Dial 711
SSanderson@marincounty.org<mailto:SSanderson@marincounty.org>
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Email Disclaimer: https://www.marincounty.org/main/disclaimers

From: Robbie Powelson

To whom it may concenr,

It has come to my attention through other FOIA requests I have made that there were records regarding to Eva Kanemoto that were suppressed without justification in this PRA request. I have in my possession direct communications between Eva Kanemoto and Curtis Havel on August 10th and 11th. In the email I possess, Havel is solicitous of Ms. Kanemoto's and offers her some kind of assistance - specifically what appears to be the illegal towing and impounding of anchorage residents dinghies from public shores.

The suppression of these records is especially concerning, as Mr. Havel has since left the Richardson Bay Regional Agency and is now gainfully employed by Eva Kanemoto and Clipper Harbor. Their professional and financial relationship turns the thus far unjustified suppression of these records into a very serious matter of public concern.

Furthermore I would here, reject the privileges that are asserted to protect communications with law enforcement. I have received records relating to law enforcement communications between Havel and others in past PRA requests. These communications have regularly been not about any criminal matter or concern or any attorney client privileges as you assert.

Mostly they have been sharing information about social media surveillance of people living anchored out that are not related to criminal matters. Furthermore, the RBRA has a policy of creating detailed work orders for law enforcement to organize the confiscation of boats, but that are not themselves related to any criminal matter and are not protected under 6254(f). These work orders are clearly of the public interest, as the RBRA is under intense scrutiny for the destruction of occupied boat homes in contradiction to RBRA's public statements - which reduces the 6255 as an acceptable defense. Furthermore, I am asking communications with law enforcement whom the RBRA public touts as community partners. As a community partner that works closely with the RBRA, the communication with law enforcement is outside the attorney-client privilege or attorney work product doctrine.

To summate, I ask you justify why the August 10th and August 11th communications between Curtis Havel and Eva Kanemoto were excluded from this PRA request. I also ask you reconsider your asserted privileges of law enforcement communications. I ask you respond to this letter by January 17th. If no satisfactory explanation for the suppression of these documents is presented by then, I will prepare to file a writ of mandate in superior court for compliance with the Public Records Act so that the suppression of these documents can be reviewed by a judge.

From: Richardson Bay Regional Agency

Dear Mr. Powelson,

This request was responded to on May 27, 2021, and a response to your follow up was provided on January 28, 2022. This request is considered complete and closed.

Sincerely,

Kelsey Magnuson (she/her)
CIVIL LEGAL SPECIALIST
County of Marin
Office of the County Counsel
3501 Civic Center Drive, Suite 275
San Rafael, CA 94903
415 473 6130 T
415 473 3796 F
CRS Dial 711
KMagnuson@marincounty.org<mailto:email@marincounty.org>

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