Request #20-8
  Closed

Napa Police Department
PRA Office
1539 First Street
Napa, CA 94559

January 15, 2020

This request is being made jointly by a coalition of 40 news organizations including KQED, Bay Area News Group / Southern California News Group, Capital Public Radio, Southern California Public Radio and The Los Angeles Times, collectively known as the California Reporting Project.

Attn:
Public Records Coordinator

To whom it may concern,

This is a public records request seeking records in your agency’s possession that are disclosable under Senate Bill 1421’s amendments to Cal. PEN. 832.7 and 832.8.

As you know, this coalition of news organizations filed a request with your agency on Jan. 1, 2019, for records disclosable under Senate Bill 1421’s amendments regarding a five-year time period: 2014 to 2018. This request seeks similar records from 2019. Responses to this request must include any documents from investigations from previous years that concluded in 2019 and any incidents that occured in 2019 that are completed and disclosable.

Under the California Public Records Act § 6250 et seq., this coalition of organizations engaged in the dissemination of information to the public request access to and copies of the following information in electronic, searchable/sortable format, where applicable. Each element requested should be considered severable for purposes of invoking a time extension or exemption under either local or state law.

SUSTAINED FINDINGS:

Records from Jan. 1, 2019, to present of sustained findings(1) that a peace officer committed sexual assault(2) or dishonesty-related misconduct(3).

The response should reasonably include all applicable records specified by statute(4), including but not limited to: all investigative reports; photographic, audio and video evidence; transcripts and recordings of interviews; all materials compiled and presented for review to the district attorney or to any person or body charged with determining whether to file criminal charges against an officer in connection with an incident, or whether the officer’s action was consistent with law and agency policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take; documents setting forth findings or recommended findings; and copies of disciplinary records relating to the incident, including any letters of intent to impose discipline, any documents reflecting modifications of discipline due to the Skelly or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action.

To the extent that your agency maintains an index of sustained misconduct that includes entries derived from findings of sexual assault or dishonesty-related misconduct, please include that record in your response.

USE OF FORCE

Records from Jan. 1, 2019, to present relating to the report, investigation, or findings of incidents in which the use of force by a peace officer against a person resulted in death, or in great bodily injury(5). This request also seeks all records of incidents in which a peace officer discharged a firearm, regardless of whether any injury occurred.

The response should reasonably include all applicable records specified by statute6, including but not limited to: all investigative reports; photographic, audio and video evidence; transcripts and recordings of interviews; autopsy reports; all materials compiled and presented for review to the district attorney or to any person or body charged with determining whether to file criminal charges against an officer in connection with an incident, or whether the officer’s action was consistent with law and agency policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take; documents setting forth findings or recommended findings; and copies of disciplinary records relating to the incident, including any letters of intent to impose discipline, any documents reflecting modifications of discipline due to the Skelly or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action.

To the extent that your agency maintains an index of serious uses of force, please include that record in your response.

To avoid confusion, please identify any ongoing use of force investigations that are not yet disclosable but will be upon completion.

To the extent the records exist in electronic format, please provide them in that format.

We also draw your attention to Government Code section 6253.1, which requires a public agency to assist the public in making a focused and effective request by (1) identifying records and information responsive to the request, (2) describing the information technology and physical location in which the records exist, and (3) providing suggestions for overcoming any practical basis for denying access to the records or information sought. The purpose of this request is to obtain the above referenced documents. Please provide your full compliance with 6253.1 should the need arise.

To the extent that a portion of the information we have requested is not immediately available, we request that whatever documentation is immediately available be turned over first.

Please limit all communications regarding this request to email. Please do not telephone us regarding this matter.

For documents that could be provided in electronic, searchable format, where applicable: We can handle a variety of data formats, and we would be happy to correspond about this request to figure out what would be the easiest or best way to provide the requested records.

Please notify us via email if the responsive records are larger than 15 MB to make arrangements about how to best provide the records.

If this request is denied in whole or part, we ask that you justify all individual deletions/redactions or withheld records by reference to specific exemptions of the law. We will also expect you to release all segregable portions of otherwise exempt material.

Please contact us by email if you have any questions about this request. We look forward to receiving the required determination within 10 days.

1. “Sustained” finding as defined by Cal. PEN. Code § 832.8(b).
2. “Sexual Assault” as defined by Cal. PEN. Code § 832.7(b)(1)(B)(ii).
3. Misconduct as defined by Cal. PEN. Code § 832.7(b)(1)(C).
4. Cal. PEN. Code § 832.7 (b)(2).
5. Cal. PEN. Code § 832.7 (b)(ii).
6. Cal. PEN. Code § 832.7 (b)(2).

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Received

January 15, 2020 via email


Departments

Police

Documents

Public

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Staff

Point of Contact

City Clerk's Office

Request Closed Public

 

Clerk's Office sent final response on 2/10/2020.

 
February 10, 2020, 7:41am
Document(s) Released Public
Stonehouse Drive Exec. Summary_Redacted.pdf
February 10, 2020, 7:41am
External Message   Hide Public

Dear Requester:  

The City has received your request for records dated January 15, 2020, which the City sent an extension notice on January 27, 2020. The City now responds to your requests as follows.

The City interprets the phrase “use-of-force incidents” and “use-of-force finding” to mean events resulting in death, shooting injury, or great bodily injury as defined by Government Code 12525.2 (substantial risk of death, unconsciousness, protracted obvious disfigurement, protracted impairment of body member or organ).

You have provided a date range of January 1, 2019 – present within your request. NPD has determined that there is only one incident responsive to your request during this specified timeframe. Please note that no incidents occurred in 2019, however, the officer involved shooting death which occurred on December 5, 2018 is considered to be responsive to your request since the investigation concluded in 2019.

The City is providing responsive records for the Administrative Report related to the incident dated December 5, 2018. You may view the responsive records by clicking on the link below.

Please note that the Administrative Report does not include additional supplemental information such as witness statements, emails, interviews, and digital media. The majority of this information including the dispatch recording, crime scene photos/maps, and body camera footage can be found in the video presented during the December 10, 2018 Press Conference, which is available on the City’s website and by clicking on the link below to download:

https://www.cityofnapa.org/741/Press-Releases:

https://www.dropbox.com/s/zxjeeg2rr57glzu/Vineyard%20Terrace%20OISfinalfinal.mp4?dl=0

Please also note that confidential information has been redacted pursuant to Penal Code Section 832.7(b)(5), which expressly contemplates redaction of information implicating privacy concerns including address, phone, identity of family members, claimants and witnesses, as well as medical, financial or other private information. (See also Government Code Section 6254(c), (k), 6255 and Evidence Code Section 1040.)

The decisions expressed in this letter have been made by me, in consultation with Assistant City Attorney David Jones. We trust this satisfies your request, and we will consider the request closed.

Thank you,

Caitlin Saldanha

Deputy City Clerk

February 10, 2020, 7:41am by Caitlin Saldanha, Deputy City Clerk (Staff)
Document(s) Released Public
CRPletter.pdf
February 10, 2020, 7:38am
Document(s) Released Public
CRPletter.pdf
February 10, 2020, 7:38am
Request Published Public
January 27, 2020, 2:10pm
External Message   Hide Public

Good Afternoon,

The City of Napa is in receipt of your January 15, 2020 Public Records request. This request will require the City to search for requested records from multiple departments and from locations separate from the City Clerk’s Office. For these reasons, the City is invoking the extension of time provided by California Government Code Section 6253(c).  Accordingly, I anticipate that we will be able to more fully respond to your request no later than Monday, February 10, 2020, if not sooner.

Please feel free to contact me directly if you have any questions.

Thank you,

Caitlin Saldanha

Deputy City Clerk 

January 27, 2020, 2:10pm by Caitlin Saldanha, Deputy City Clerk (Staff)
Department Assignment Public
Police
January 15, 2020, 4:57pm
Request Opened Public
Request received via email
January 15, 2020, 4:57pm