public records disclosure request to chino police department
DESCRIPTION
CPRA RequestTRANSCRIPT
PUBLIC RECORDS DISCLOSURE REQUEST TO CHINO POLICE DEPARTMENT From: Terry Francke <[email protected]> Date: March 4, 2013 3:54:01 PM PST To: [email protected] Subject: California Public Records Act Request Dear Ms. Van Der Linden, This message is to request disclosure of the identity of the Chino Police Department officer involved in the traffic accident on February 24 as reported by the Chino Champion at http://www.championnewspapers.com/articles/2013/02/25/news/doc512beb2fd4d6f023129446.txt Your statement to the Champion, in response to its request, that the officer's name need not be released because the matter is under investigation, is not supported by law. The California Public Records Act permits withholding the name of a person involved in a traffic accident or other incident investigated by law enforcement agencies only if disclosure "would endanger the safety of a person involved in an investigation or would endanger the successful completion of the investigation or a related investigation." Government Code Section 6254, subd. (f). Accordingly, if the Department persists in its position I will recommend to our Board of Directors that we file an action forthwith in San Bernardino County Superior Court for an order to disclose the name and for attorney's fees and costs. As you probably know, the following legal rules apply to this request. Prompt Disclosure: Government Code Section 6253 (b), (d) Records not exempt from disclosure are to be made “promptly available.” No provision of the CPRA, including the response periods noted below, “shall be construed to permit an agency to delay or obstruct the inspection or copying of public records.” Deadlines: Government Code Section 6253 (c) The City is required “promptly” and in no case more than 10 calendar days from the date of this request, to reconsider its position and inform me of its decision. Constitutional Rule of Interpretation: Article I, Section 3 (b) The California Constitution requires that the Public Records Act “shall be broadly construed if it furthers the people's right of access, and narrowly construed if it limits the right of access.” This rule must be heeded in interpreting any exemptions from disclosure the City believes to be applicable. Thank you for your prompt attention to this request. Please contact me if you need further clarification. Cordially,
Terry Francke General Counsel