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HomeMy WebLinkAbout9BArgusCourierPart1June 19, 2006 ' CITY OF PETALUMA, CALIFORNIA AGENDA BILL Agenda Title: Receive Agenda Report and Staff Presentation and Meeting Date: give Direction to Staff Regarding Ongoing Requests of the Argus- Courier for Information Contained in Police Department Records Meeting Time: ❑ 3:00 PM ® 7:00 PM Category (check one): ❑ Consent Calendar ❑ Public Hearing New Business ❑ Unfinished Business ❑ Presentation Department: Director: Contact Person: Phone Number: Police, City Attorney Steve Hood Eric Danly 545-8009 Eric Danly Cost of Proposal: Ongoing costs Account Number: N/A Amount Budgeted: $0 Name of Fund: N/A Attachments to Agenda Packet Item: 1. Petaluma Police Department Calls for Service Operations Log 2. Petaluma Police Department Daily Bulletin 3. Petaluma Police Department Arrest Log 4. Petaluma Police Department News Releases: December 29, 2005, March 23, 2006, March 29, 2006, April 7, 2006 5. March 31, 2006 Argus-Courier request for Police Department records and City response 6. May 5, 2006 Press Democrat request for Police Department records and City response 7. May 8, 2006 Argus-Courier request for Police Department records and City response 8. May 11, 2006 Argus-Courier request for Police Department records and City response 9. May 12, 2006 New York Times request for Police Department records and City response 10. May 16, 2006 Argus-Courier request for Police Department records 11. May 18, 2006 Argus-Courier requests for Police Department records and City response 12. May 26, 2006 Argus-Courier request for Police Department records 11. June 7, 2006 City letter to Argus-Courier, Press Democrat and New York Times re records release Summary Statement: The Argus-Courier has for a number- of years published information regarding incidents and complaints reported to the Petaluma Police department. Formerly (prior to the advent of the CAD/RMS system), brief incident/complaint summaries were made available to the Argus-Courier and published. Such incident/complaint summaries are no longer prepared as part of the CAD/RMS system- The Argus-Courier requested the City provide logs of incidents and complaints. Police Department staff did so, and continues to make available to the Argus-Courier and others logs listing all calls for service, all arrests and incidents, and providing arrest details. The Argus-Courier uses the Police Department logs to request additional details concerning the incident/complaint. To expedite the City's response and accommodate Argus- Courier press deadlines, staff have replied to such requests with additional details subject to disclosure, and abbreviated responses concerning very sensitive records (such as records involving cases of alleged child abuse) that are partly or wholly exempt from disclosure. Starting with a request received by the City March 31, 2006, the Argus-Courier has submitted an ongoing series of requests. focusing only on such very sensitive records. The City Attorney's office has worked closely with Police Department concerning such requests. Previously, Police Department staff handled most requests with little or. no involvement of the City Attorney's office. Argus-Courier staff have asserted that the City has changed its records policy, that the City's responses to records requests violate the California Constitution and the Public Records Act, and that the Police Department does not keep the public informed about threats to public safety. This Agenda Bill and Staff Report are intended to: to provide background for the City Council and the public concerning California records laws; report to the public on how the City and its Police. Department keep the community safe and informed, and safeguard individual privacy rights; and permit City Council cormnent and direction on these matters. Recommended City Council Action/Suggested Motion: Receive staff report and provide direction to staff Reviewed by Finance Director: Reviewed by City Attorney: Date: Approved b_ y City Manager: / Date: 611/3 4 Da�t/ Today's Date: Revision # and Date Revised: File Code: # 06/12/06 835334 1 agenda bill /03 CITY OF PETALUMA, CALIFORNIA JUNE 19, 2006 AGENDA REPORT FOR RECEIVE AGENDA REPORT AND STAFF PRESENTATION AND GIVE DIRECTION TO STAFF REGARDING ONGOING REQUESTS OF THE ARGUS-COURIER FOR INFORMATION CONTAINED IN POLICE DEPARTMENT RECORDS 1. EXECUTIVE SUMMARY: The Argus-Courier has for a number of years published information regarding incidents and complaints reported to the Petaluma Police department. Formerly (prior to the advent of the CAD/RMS. system), brief incidenticomplaint summaries were made available to the Argus- Courier and published. Such incident/complaint summaries are no longer prepared as part of the CAD/RMS system. The Argus-Courier requested the City provide logs of incidents and complaints. Police Department staff did so, and continues to make available to the Argus- Courier and others logs listing all calls for service, all arrests and incidents, and providing arrest details. The Argus-Courier uses the Police Department logs to request additional details concerning the incident/complaint. To expedite the City's response and accommodate Argus- Courier press deadlines, staff have replied to such requests with additional details subject to disclosure, and abbreviated responses concerning very sensitive records (such as records involving cases of alleged child abuse) that are partly or wholly exempt from disclosure. Starting with a request received by the City March 31, 2006, the Argus-Courier has submitted an ongoing series of requests focusing only on such very sensitive records. The City Attorney's office has worked closely with Police Department concerning such requests. Previously, Police Department staff handled most requests with little or no involvement of the City Attorney's office: Argus-Courier staff have asserted that the City has changed its records policy, that the City's responses to records requests violate the California Constitution and the Public Records Act, and that the Police Department does not keep the public informed about threats to public safety. This Agenda Bill and Staff Report are intended to: to provide background for the City Council and the public concerning California records laws; report to the public on how the City and its Police Department keep the community safe and informed, and safeguard individual privacy rights; and permit City Council comment and direction on these matters. 2. LEGAL BACKGROUND: a. California Public Records Act Background City records, including Police Department Records, are subject to various laws governing such matters as what records must be retained and for how long, the right of members of the public to access records, records that may be exempt from disclosure to the public under certain circumstances, and records whose disclosure is prohibited. The primary law affecting law enforcement records is the California Public Records Act ("CPRA"). Since November 4, 2004, when Proposition 59 was adopted, Article I, Section 3 of the California Constitution has also safeguarded the public's right to access government records, including law enforcement records. In addition, a number of state statutes outside the CPRA apply to restrict disclosure of certain specified law enforcement records. The CPRA was first enacted in 1968 and modeled on the federal Freedom of Information Act.' The CPRA has been amended many times since its adoption, and has evolved a large body of case law. The CPRA makes all non-exempt, state and local government agency records (including non-exempt portions of otherwise exempt records that can reasonably be separated from the exempt portions) in any form or medium subject to public inspection during office hours, and subject to being made available for copying on payment of duplication costs or a statutory fee.2 The CPRA also includes procedural requirements that apply to disclosure of public agency records. For example, records requesters generally must be notified in writing within 10 days of the agency's receipt of the request whether the agency possesses the records sought and whether they are wholly or partly disclosable, or. whether the time for notice of disclosability will be extended.3 If the agency determines that a request seeks disclosable records, the agency must state the estimated date and time when the records will be made available. However, the CPRA does not specify when records themselves must be disclosed, only that they be made available "promptly." 4 The CPRA's legislative intent is given as follows: "In etiacting this chapter, the Legislature, mindful of the right of individuals to privacy, finds and declares that access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state."5 The CPRA was passed "to ensure public access to vital information about the government's conduct of its business.i6 However, disclosure of records under the CPRA "involves two fundamental yet competing interests: (1) prevention of secrecy in government; and (2) protection of individual privacy."7 Failure of a public agency to disclose records that are subject to disclosure in accordance with the CPRA may be a basis of liability for the agency. Any person may bring an action for injunctive or declaratory relief or writ of mandate to enforce a right to inspect or receive a copy of public records under the CPRA, and prevailing plaintiffs are entitled to recovery of court costs and reasonable attorney's fees.s Also, public agencies may not seek declaratory relief ' ACLUv. Deukmejian (1982) 32 Cal.3d440, 447. 2 Cal. Gov't. Code §6253 3 Cal. Gov't. Code §6253(c) "Cal. Gov't Code §6253(b) s Cal. Gov't. Code §6250 6 City of San Jose v. Superior Court (1999) 74 Cal.App. 4th 1008,1016, citing C.B.S., Inc. v. Block (1986) 42 Ca1.3d 646 7 City of San Jose v. Superior Court (1999) 74 Cal.App. 4th 1008, 1016, citing Black Panther Party v. Kehoe (1974) 42 Cal.App. 3d 645 8 Cal. Gov't. Code §§6258, 6259 concerning their obligation to disclose records; such an action may only be brought by individuals or entities seeking disclosure of public records.9 b. Law Enforcement Records under the CPRA The primary CPRA statute dealing with law enforcement records is Section 6254, subdivision (f). Subdivision (f) is probably the most complex part of the CPRA. Unlike the other exceptions from disclosure under Section 6254, subdivision (f) not only describes records that are exempt from disclosure, but it also prescribes certain records that must be disclosed under certain circumstances. It is important to understand the structure of subdivision (f) in order to understand public agency responsibilities concerning law enforcement records. First, the first paragraph in subdivision (f) exempts from disclosure law enforcement complaint, investigation, intelligence, and security records. Second, the first paragraph of the subdivision prescribes certain information that must be disclosed to crime victims and their representatives (namely: the names and addresses of involved parties and witnesses - except for confidential informants - the incident date, time and location, and witness statements - except for those of confidential informants). Third, paragraph (f)(1) lists certain arrestee information that must be disclosed (namely: name, occupation, physical description - including date of birth, color of eyes, hair, sex, height and weight - time and date of arrest, booking location and circumstances of arrest, amount of bail set, time and manner of release or location where being held, charges on which the individual is being held, outstanding warrants from other jurisdictions and parole or probation holds). Fourth, paragraph (f)(2) lists certain complaint information that must be .disclosed (namely: the time, substance, and location of the occurrence, the time and date of the report, the name and age of the victim, the incident circumstances and general description of any injuries, property or weapons involved). Fifth, paragraph (f)(3) list certain information that must be disclosed to requesters who declare under penalty ofpedury that the request is for scholarly, journalistic, political, governmental, or licensed private investigator purposes (namely: the current address of every arrestee and crime victim must be made available). Sixth, the first paragraph in subdivision (f) exempts from disclosure information that if disclosed would endanger the successful completion of an investigation or the safety of a witness or another involved person or reflect the analysis or conclusions of the investigating officer. In other words, Section 6254(f) of the CPRA begins with a broad exemption from disclosure for law enforcement records, then specifies certain information that must be disclosed to victims, regarding arrests, regarding complaints, and to members of the press and other specified researchers, and then establishes exemptions from disclosure that, when they apply, override public agencies' duty to disclose the records enumerated in subdivision (f). The main such "overriding" exemption is the investigatory exemption. C. Other Laws that Apply to Disclosure of Law Enforcement Records Section 6254(k) of the CPRA exempts from disclosure records whose disclosure is exempted or prohibited under federal or state law, including records that are privileged under the Evidence Code. Essentially, Section 6254(k) imports into the CPRA exemptions from and prohibitions 9 Filarsky v. Superior Court (2002) 28 Cal.4" 419 against disclosure from other statutes and makes clear that they apply to the CPRA. Section 6254(k) helps clarify the applicability of prohibitions against disclosure that are contained in the California Penal Code, the California Welfare and Institutions Code, and in certain local court rules to certain especially sensitive police records. For example, California Penal Code Section 11167.5 (Part of the Child Abuse and Neglect Act) prohibits disclosure of reports submitted by mandatory. reporters of alleged abuse, and investigative reports resulting in a summary report being filed with the Department of Justice in accordance with California Penal Code Section 11169. Some statutory prohibitions against records disclosure include penalties for violating the prohibition. That is true of the protections in the Child Abuse and Neglect Act. Penal Code Section 11167.5(a) provides that "[a]ny violation of the confidentiality provided by this article is a misdemeanor punishable by. imprisonment in a countyjail not to exceed six months, by a fine of five hundred ($500), or by both...... Also,. California Welfare and Institutions Code Section.827 prohibits disclosure of information included in juvenile case files. In addition, Rule 10.15 of the Sonoma County Superior Court Rules is protects from disclosure certain records of juvenile court proceeding. Any records subject to Rule 10.15 may not be released without a court order. Police department records concerning detentions for psychiatric evaluation are protected under California Welfare and Institutions Code Section 5328: That section provides that all information and records obtained in the course of providing services under specified provisions, including Section 5150, to either voluntary or involuntary recipients, are confidential, and may only be disclosed to the individuals and agencies, and for the purposes specified in subdivisions (a)-(x). Welfare and Institutions Code Section 5330 also gives individuals whose reports have been released in violation of Section 5328 a civil cause of action for damages against the individual who released the report. Police department records concerning cases of alleged elder abuse are protected under California Welfare and Institutions Code Section 15633. That statute provides that reports of alleged elder abuse under Welfare and Institutions Code Section 15630 are confidential and may only be disclosed as provided in subdivision (b) of Section 15633. Under Section 15633(a), violations of Section 15633 are misdemeanors punishable by up to 6 months in jail, a fine of $500, or both. Thus, there are a number of statutes outside the CPRA that prohibit disclosure of certain especially sensitive police department records under Section 6254(k) of the CPRA, such as those involving alleged child abuse, eider abuse and psychiatric examination detainees. Further, some of these statutes subject public agencies and public agency officials to criminal and civil liability for unauthorized records disclosure. In addition, disclosure of police records that are privileged or otherwise not subject to discovery may violate constitutional privacy rights.10 An actionable constitutional right of privacy may exist in information implicating a person's reasonable expectations of privacy. t l (Alarcon v. 1 p Alarcon v. Murphy (1988) 201 Cal.App.M I Alarcon v. Mwphy (1988) 201 Cal.App.M 1; Hill v. National Collegiate Athletic Association (1994) 7 Cal.4" 32. Murphy (1988) 201 Cal.App.3d 1, 6-7; Hill v. National Collegiate Athletic Association (1994) 7 Cal.4a', 32). 3. Except for the physical changes in the way Police Department complaint and incident records are created and maintained since adoption of the CAD/RMS system, there has been no change in City policy governing disclosure of Police Department records. Staff respond to most routine records requests without assistance from the City Attorney's office. Requests that involve very sensitive records, such as those containing information that is prohibited. from being disclosed, are coordinated with the City Attorney's office. Proposition 59 has enacted in the California Constitution protection for the public's right of access to California public agency meetings and records. However, the savings provision contained in Article I, Section .3, paragraph (3) provides that nothing in the amendment affects any statute, rule or other authority that protects the right to privacy. Therefore, by its own terms, Proposition 59 has no effect on the authorities described above protecting the privacy of child and elder abuse victims, and psychiatric evaluation detainees. Accordingly, Proposition 59 has not changed the law concerning Police Department records containing such protected information. 4. PETALUMA POLICE DEPARTMENT PUBLIC_ I1 wRMATION POLICIES As can be seen from the above discussion of California public records laws, in addition to being charged with protecting the public, the Police Department, like the other City departments, is obligated to both make available to the public Police Department records that are subject to disclosure, and to safeguard records whose disclosure is prohibited. As is also indicated above, both non -disclosure of records subject to disclosure, and disclosure of certain exempt records, may expose the City and/or City officials to criminal or civil liability. Accordingly, Police Department staff are trained to respond to requests from members of the public, including the press, and to coordinate the response with the City Attorney's office when necessary, such as concerning especially sensitive records. As part of its commitment to keep the Petaluma community safe and informed about Department activities, in addition to responding to records requests from the public, the Police Department has two different public information programs involving release of Department information. The first involves the release of records logs on Tuesday, Wednesday and Friday of each week. Such logs include a Calls for Service Operations Log (listing all calls for service), a Daily Bulletin (listing arrests and incidents), and Arrest Log (providing arrest details). The logs are generated and made available free of charge, whether or not they have been requested. The second public information program involves press releases concerning mattes of public safety. Some recent examples of this policy at work include the press release on December 29, 2005, about a knife assailant that was taken into custody, the press release on March 23, 2006 about a potential kidnapping, the press release on March 31, 2006, about multiple burglaries, and the press release on April 7, 2006, about a female high school student who was accosted. It is Petaluma Police Department policy to issue press releases when the Department has information whose release may help protect the public; such as by alerting community members about unapprehended suspects that may pose a risk, and/or by seeking information from the community that can assist Department investigations. 5. ALTERNATIVES:: Staff have no alternative to recommend to the Council other than continued compliance with the records laws requirements specified above. Staff hope that open dialogue with the Argus- Courier and the public will help result in an informed public and avoid unnecessary public expense. 6. FINANCIAL IMPACTS: Ongoing requests for very sensitive Police Department records involve increased effort of Police Department staff and coordination with the City Attorney's office. The City Attorney's office has advised the Argus Courier that from February 1, through May 25, the City Attorney's office has expended 61.4 hours and the City incurred $9,284 in legal fees for legal analysis and coordination with Police Department staff regarding requests of the Argus-Courier (and requests of its affiliated news papers, the Press Democrat and New York Times) for the very sensitive Police Department requests discussed above. These amounts include only effort of the City Attorney's office. In addition, Police Department staff has expended effort in responding to such requests. Such staff efforts and costs are ongoing, because Argus-Courier requests for such sensitive records are ongoing. 7. CONCLUSION: An editorial and an article in the May 31 Argus-Courier assert that City records policy has changed, and that fewer Police Department records are being made available than previously. The articles also question the need for involvement of the City Attorney's office in requests for the sensitive Police Department records described above, and assert that the City's responses to the Argus-Courier's records requests violate the law, and that the Police Department does not inform the Petaluma Community about potential threats to public safety. The purpose of this Agenda Report is to report to the City Council and the public concerning the City's records disclosure policies, coordination among City departments regarding requests for Police Department records, the City's compliance with California records laws and the constraints imposed by such laws, and the commitment and policies the Petaluma Police Department to protect community safety, ensure the public are informed, and that individual privacy rights are safeguarded.. 8. OUTCOMES OR PERFORMANCE MEASUREMENTS TIIAT WILL IDENTIFY SUCCESS OR COMPLETION: City compliance with public records laws should keep the public informed and avoid liability from either unlawful disclosure or non -disclosure of public records. Compliance with Police Department information release programs should help the public stay safe and informed. 7.RECOMMENDATION: Receive Agenda Report and Staff Presentation and give Direction to Staff Regarding Ongoing Requests of the Argus-Courier for Information Contained in Police Department Records 8353341 POLICE DEPT. CALLS FOR SERVICE RATIONS LOG � Q U c 0 .c 0 J w E z F, c v W 3 3 > 3 3 v v v v v � �L tea+ �F C Z > Q z U m U CQ z z U U U mo qG q U qa 3 v C7 C7 C7 C7 O O O O U q q q q d E > o 3 a g a a 3 v v 3 > n V W Cn a W W W 0.m 0.v W 0.l y 3 co o0. O 3 x E o m x nL S 3 a O x q C2 U @ m ..1 z z .7 W .I J ic. 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DAILY BULLETIN Petaluma Police Department BULLETIN FROM June 6, 2006 TO June 8, 2006 Case # Description - Officer Arrest Miller, Rachael Lynn of 2783 Royal Oak PI, Santa Rosa, CA; Arrested on charge (pe2680) 2006-001893 of. Public Intoxication: Alcohol, Drug, Toluene Or A Combination (M), at N Lipanovich, John Related Case Mcdowell Bl / Professional Dr, Petaluma, on 6/6/2006. 06-0003902 Ruiz, Ernesto Cajiga of 418 Corte Pimado, Rohnert Park, CA; Arrested on charge (pe2017) Walker, of License Suspended/Revoked (M), at 821 Petaluma BI N, Petaluma, on Bert 6/6/2006. Ruiz, Patricia of 7689 Lakeville Ci, Petaluma, CA; Arrested on charge of. Driver (pe1610) Johnson, Unlicensed (M), at Lakeville Hw / S Mcdowell Bl, Petaluma, on 6/6/2006. Steve Rippey, Robert Frank of Po Box 211, Petaluma, CA; Arrested on charge of Bench (pe2363) Novelle, Warrant (Misd) (M), at 323 E Washington St, Petaluma, on 6/6/2006. Lance Chitwood, Brittany Amber of 1751 Walnut Creek Dr, Santa Rosa, CA; Arrested on (pe0865) Begrin, charge of. Petty Theft - Shoplifting (M), at 136 Petaluma III N, Petaluma, on Clay 6/6/2006. Polk, Raymond Michael of Po Box I811 Hc67 Gorda Route 1, Big Sur, CA; Arrested on charge of: Outside Warrant-Misd (M), at Rineharts, Petaluma, on 6/6/2006. Reese, Leslie Charles of 1012 Mcnear Av, Petaluma, CA; Arrested on charge of Obstruct/Resist/Etc Public/Peace Officer/Emergency Med Tech (M), at 514 D St, Petaluma, on 6/7/2006. Rodriguez, Alejandro of 721 Western Av, Petaluma, CA; Arrested on charge of. - Driver Unlicensed (M), at Pbn / Tire Source, Petaluma, on 6/7/2006. (pe2754) Ricci, Chris (pe1855) North, Matt (pe2017) Walker, Bert Printed: Friday, June 9, 2006 07:09 Page: 1 n� CI' BULLETIN FROM June 6, 2006 TO June 8, 2006 Case # Description Officer Arrest Reid, George James of 1821 Lakeville Hw; Petaluma, CA; Arrested on charge of: (pe2026) Bailey, 2006-001926 Vandalism (Less Than $400) (Misd) (M), at 1821 Lakeville Hw, Petaluma, on Deana G7r/it31I11-11 Deroo, William Miles of2884 Bloomfield Rd., Sebastopol, CA; Arrested on (pe2173) Hawkins, charge of: Dui Alcohol/0.08 Percent (M), at Redwood Hw S / E Washington St, Robert Petaluma, on 6/7/2006. Brown, Raymond Eric of 5063 Viking Strand, Bodega Bay, CA; Arrested on (pel512) Hart, Todd charge of: Possess Marijuana 28.5 Grams Or Less (M), at Main / Washington St, Petaluma, on 6/7/2006. Inks, Leslye Marie of 300 Stony Point Rd, Santa Rosa, CA; Arrested on charge of: (pe2398) Page, License Suspended/Revoked (M), at Lakeville / Marina 7-11, Petaluma, on Michael 6/8/2006. Glover, Norman James of 115 Coral St, Santa Cmz, CA; Arrested on charge of: (pe2026) Bailey, (Misd)assault On Peace Officer/Emergency Personnel/Etc (M), at 31 ] N Mcdowell Deann Bl, Petaluma, on 6/8/2006. Chatham, Kenneth Gerard of t Dr, Petaluma, CA; Arrested on charge of: Battery Dv Spouse/Ex Spouse/Date/Etc (Misd) (M), at Petaluma, on 618/2006. Powell, Joshua Scott of 1517 Tamar Dr, Petaluma, CA; Arrested on charge of: Public Intoxication: Alcohol, Drug, Toluene Or A Combination (M), at 1646 Peggy Ln, Petaluma, on 618/2006. (pe1927) Miller, Danny (pe2754) Ricci, Chris Wilson, Andrew Gerald of 810 P St, Petaluma, CA; Arrested on charge of: License (pe2398) Page, Suspended/Revoked (M), at Copeland St / E D St, Petaluma, on 6/8/2006. Michael Printed: Friday, June 9, 2006 07:09 page: 2 tl BULLETIN FROM June 6, 2006 TO June 8, 2006 Case # Description Officer krrest Powell, Joshua Scott of 1517 Tamar Dr, Petaluma, CA; Arrested on charge of (pe2754) Ricci, 1006-001942 Public Intoxication: Alcohol, Drug, Toluene Or A Combination (M), at 1646 Chris Related Case Peggy Ln, Petaluma, on 6/8/2006. 06-0003976 [missing name]; VICTIM of. Public Intoxication: Alcohol, Drug, Toluene Or A Combination (C), at N Mcdowell BI / Professional Dr, Petaluma, CA, on 6/6/2006, 01:59. Reported: 6/6/2006. [missing name]; VICTIM of: License Suspended/Revoked (C), at 821 Petaluma BI N, Petaluma, CA, on 6l6/2006, 07:23. Reported: 6/6/2006. [missmg name]; VICTIM of Driver Unlicensed (C), at Lakeville Hw / S Mcdowell B1, Petaluma, CA, on 6/6/2006, 07:51. Reported: 6/6/2006. Heizer, Matthew of 1637 Caulfield Ln, Petaluma, CA; VICTIM of: Vandalism Less Than $400 (C), at 201 Fair St, Petaluma, CA, on 616/2006, 10:31. Reported: 6/6/2006. (pe2680) Lipanovich, John (pe2017) Walker, Bert (pe1610)Johnson, Steve (pe2026) Bailey, Deann Savon Drugs of [missing address]; VICTIM of: Forge/Etc Prescriptions (C), at 939 (pe2026) Bailey, Lakeville St, Petaluma, CA, on 6/6/2006, 14:10. Reported: 6/6/2006. Deann [missing name]; VICTIM of Obstruct/Resist/Etc Public/Peace Officer/Emergency (pe2759) Damm, Med Tech (C), at 1000 Petaluma BI N, Petaluma, CA, on 616/2006, 15:37. Aaron Reported: 6/6/2006. Incident/Offense [missing name]; VICTIM of Bench Warrant (Misd) (C), at 323 E Washington St, (pe2363) Novelle, 06-0003915 Petaluma, CA, on 6/6/2006, 16:30. Reported: 6/6/2006. Lance Incident/Offense Jungle Vibes of 136 Petaluma BI N, Petaluma, CA; VICTIM of Petty Theft- (pe0865) Begrin, 06-0003917 Shoplifting (C), at 136 Petaluma BI N, Petaluma, CA, on 6/6/2006,18:15. Clay Reported: 616/2006. Incident/Offense [missing name]; VICTIM of Outside Warrant-Misd (C), at Rineharts, Petaluma, (pe2754) Ricci, 06-0003919 CA, on 6/612006, 2127_ Reported: 6/6/2006. Chris Incidem/Offense North, Matthew S. of 969 Petaluma Blvd North, Petaluma, CA; VICTIM of: (pel855) North, 06-0003923 Obstruct/Resist/Etc Public/Peace Officer/Emergency Med Tech (C), at Us] 01 Sb Matt At Lakeville St, Petaluma, CA, on 6/7/2006, 00:49. Reported: 6/7/2006. Printed: Friday, June 9, 2006 07:09 Page: P, BULLETIN FROM June 6, 2006 TO June 8, 2006 Case # Description Officer mcident/Offense [missing name]; VICTIM of: Property For Destruction (C), at 421 Orinda Av, (pe2483) Buffo, )6-0003924 Petaluma, CA, on 6/7/2006, 03:42. Reported: 6/712006. Gary Verke, Paula Rene of I Kiwi, Petaluma, CA; VICTIM of: Burglary - From Vehicle (pe1958) Morgan, (C), at 1 Kiwi Ct, Petaluma, CA, between 21:00, 6/6/2006 and 06:00, 617/2006. Anthony Reported: 6/7/2006. Tot. Est. Loss: $20. [missing name]; VICTIM of: Driver Unlicensed (C), at Pbn / Tire Source, (pe2017) Walker, Petaluma, CA, on 6/7/2006, 07:33. Reported: 6/7/2006. Bert Open Clovis of 1310 Redwood Wy, Petaluma, CA; VICTIM of: Burglary (Fel) (pe1958) Morgan, (C), at 1310 Redwood Wy, Petaluma, CA, between 18:00, 6/6/2006 and 08:30, Anthony 6/7/2006. Reported: 6/7/2006. Tot. Est. Loss: $4,500. Deaf Dog of 301 Mountain View Av, Petaluma, CA; VICTIM of: Petty Theft - All (pe2759) Damm, Other (C), at 304 Mountain View Av, Petaluma, CA, on 6/7/2006, 11:20. Aaron Reported: 6/7/2006. of Petaluma, CA; VICTIM of 72 Hour (pe2026) Bailey, Mental Health (C); at etaluma, CA, on 6/7/2006, 12:00. Dennn Reported: 6/712006. Reid, Dennis John of 1821 Lakeville Hw, Petaluma, CA; VICTIM of Vandalism (pe2026) Bailey, (Less Than $400) (Misd) (C), at 1821 Lakeville Hw, Petaluma, CA, on 6/6/2006, Dennn 14:00. Reported: 6/7/2006. [missing name]; VICTIM of. Battery On Person On School/Hospital/Park Property (pe1927) Miller, (Misd) (C), at 333 Casa Grande Rd, Petaluma, CA, between 12:51, 6/7/2006 and Danny 13:15, 6/7/2006, Reported: 6/7/2006. [missing name]; VICTIM of: Dui Alcohol/0.08 Percent (C), at Redwood Hw S / E (pe2173) Hawkins, Washington St, Petaluma, CA, on 6/7/2006, 14:46. Reported: 6/7/2006. Robert [missing name]; VICTIM of Possess Marijuana 28.5 Grams Or Less (C), at (pe1688) Baseman, Putnam Plaza, Petaluma, CA, on 6/7/2006, 15:08. Reported: 6/7/2006. William of , Petaluma, CA; VICTIM of Cause (pe1512) Hart, Todd Harm/Death Of Elder /Dependent Adult (Fel) (C), at _ , Petaluma. CA, on 6/7/2006, 16:23. Reported: 6/7/2006. Printed: Friday, June 9, 2006 07:09 Page: 4 h A BULLETIN FROM June 6, 2006 TO June 8, 2006 Case # Description Officer Incident/Offense [missing name]; VICTIM of: Property For Destruction (C), at Caulfield Ln / (pe1749) Crosby, 36-0003908 Persimmon Ct, Petaluma, CA, on 6/6/2006, 08:05. Reported: 6/7/2006. Edward Trader Toes of 215 North Mcdowell, Petaluma, CA; VICTIM of (pe2140) Spiller, Vandalism:damage Property (Misd) (C), at 169 N Mcdowell Bl, Petaluma, CA, Walter between 18:46, 6/7/2006 and 18:56, 6/712006. Reported: 6/7/2006. [missing name]; VICTIM of Possess Marijuana 28.5 Grams Or Less (C), at Main (pe1512) Hart, Todd / Washington St, Petaluma, CA, on 6/7/2006, 19:18. Reported: 6/7/2006. [missing name]; VICTIM of Public Intoxication: Alcohol, Drug, Toluene Or A (pe2483) Buffo, Combination (C), at 14 Martha St, Petaluma, CA, on 6/712006, 21:53. Reported: Gary 6/7/2006. Kassa, Awetsh D. of 763 Lakeville Ci, Petaluma, CA; VICTIM of Annoying (pe0865) Begrin, Telephone CalLobscene/Threatening (C), at 763 Lakeville Ci, Petaluma, CA, Clay between 18:08, 6/3/2006 and 18:39, 6/7/2006. Reported: 6/7/2006, Petaluma, CA; VICTIM of: 72 Hour Mental (pe2483) Buffo, Health (C), at 400 N Mcdowell Bl, Petaluma, CA, on 6/8/2006, 02:01. Reported: Gary 6/8/2006. [missing name]; VICTIM of: License Suspended/Revoked (C), at Lakeville / (pe2398) Page, Marina 7-11, Petaluma, CA, on 6/8/2006, 04:36. Reported: 6/8/2006. Michael [missing name]; VICTIM of: (Misd)assault On Peace Officer/Emergency (pe2026) Bailey, Personnel/Etc (C), at 311 N Mcdowell BI, Petaluma, CA, on 6/8/2006, 08:28. Deann Reported: 6/8/2006. , Petaluma, CA; VICTIM of Battery Dv (pe1927) Miller, Spouse/Ex Spouse/Date/Etc (Misd) (C), at Petaluma, CA, on Danny 6/8/2006, 15:44. Reported: 6/8/2006. [missing name]; VICTIM of. Public Intoxication: Alcohol, Drug, Toluene Or A (pe2754) Ricci, Combination (C), at 1646 Peggy Ln, Petaluma, CA, on 6/812006, 20:00. Reported: Chris 6/8/2006. incident/Offense [missing name]; VICTIM of License Suspended/Revoked (C), at Copeland St / E )6-0003977 D St, Petaluma, CA, on 6/8/2006, 22:16. Reported: 6/8/2006. �rinled: Friday, June 9, 2006 07:09 (pe2398) Page, Michael Page: 5` POLICE DEPT. ARREST LOG Uses SGRANT Petaluma Police Department 061091200607:11:09 CASE ID DATE_ARR NAME AGE RACE SEX CHARGE 060003943 06/07/2006 00:00:00 ➢ERGO, WILLIAM MILES 58 W M DUI ALCOHOL/0.08 PERCENT 060003941 06/07/2006 00:00:00 REID, GEORGE JAMES JR 40 W M VAN➢ALISM (LESS THAN $400) 060003926 06/07/2006 00:00:00 RODRIGUEZ, ALEJANDRO 23 H M DRIVER UNLICENSED 060003923 06/07/2006 00:00:00 REESE, LESLYE CHARLES III 40 W M OBSTRUCT/RESIST/ETC 060003952 06/07/2006 00:00:00 BROWN, RAYMOND ERIC 22 W M POSSESS MARIJUANA 28.5 GRAMS OR 060003954 06/07/2000 00:00:00 SS W M PUBLIC INTOXICATION: ALCOHOL, 060003954 06/07/2006 00:00:00 '. 15 H M PUBLIC INTOXICATION: ALCOHOL, 060003938 06/07/2000 00:00:00 14 H F BATTERY ON PERSON ON 06000393H 06/07/2006 00:00:00 - 15 W F BATTERY ON PERSON ON 060003938 06/07/2006 00:00:00 16 H F BATTERY ON PERSON ON 060003944 06/07/2006 00:00:00 15 W M POSSESS MARIJUANA 28.5 GRAMS OR 000003958 06/OB/2006 00:00:00 INKS, LESLYE MARIE 41 W F LICENSE SUSPENDED/REVOKED 060003977 06/08/2006 00:00:00 WILSON, ANDREW GERALD 32 W M LICENSE SUSPENDED/REVOKED 060003961 06/08/2006 00:00:00 GLOVER, NORMAN JAMES 40 W M (MISD)ASSAULT ON PEACE 060003976 06/06/2006 00:00:00 POWELL, JOSHUA SCOTT 18 W M PUBLIC INTOXICATION: ALCOHOL, 0GO003976 06/08/2006 00:00:00 POWELL, JOSHUA SCOTT 1B W M PUBLIC INTOXICATION: ALCOHOL, 060003973 06/08/2006 00:00.:00 CHATHAM, KENNETH GERAR➢ 39 B M BATTERY DV SPOUSE/EX C:1FoxTmpltemprpt Page 1 ✓ POLICE DEPT. PRESS RELEASES i�+ NEWS RELEASE For Immediate Release/Broadcast DATE: Thursday, December 29, 2005 CASE NUMBER: PPD 05-8958 Occurred Date and Time: Thursday, December 29, 2005, 1456. hours. Incidents: 664-211 PC (Attempt Robbery) and 243 (e)(1) Spousal Battery Suspect: Donald Newman, 48-years-old, Petaluma resident Victim: Female victim, 49 year old, Petaluma resident Location: Lynch Creek Pedestrian and Bicycle Trail Summary: On today's date at approx. 2:46 PM, the victim and Suspect Newman were stopped near the Lynch Creek Pedestrian and Bicycle Trail. This is a popular trail connecting east and west Petaluma. The female victim reported to police that suspect Newman, who she has been dating, assaulted her, and threatened her with a knife, trying to force the victim to purchase drugs and alcohol for him. The victim fled and called police. Officer Joel Stemmer and Officer Walt SpMer, who were deployed on the department's new Dual Purpose (Off and On Road) Motorcycles, quickly responded from the eastside of Petaluma along the trail and located Newman. Newman was taken into custody without incident. Newman was transported to County Jail. Both officers had been on patrol for public nuisance violations along the city trails. Officers having been patrolling the trails on the motorcycles during the past two weeks because of an increased amount of complaints about trespassing, drug usage and vandalism. The Petaluma Police Department has purchased four Dual Purpose Kawasaki 400 motorcycles. Six officers have been trained and are assigned to the motorcycles. The specialized unit is assigned to the Traffic Unit and has been focusing on safety and crime prevention along the miles of trails and park land in the city limits. The motorcycles are also deployed during -parades and special events :in the city. - - - - Prepared by: Sgt. Tim Lyons NEWS RELEASE UPDATE For Immediate Release/Broadcast DATE: March 23, 2006 Occurred Date and Time: March 23, 2006 @ 1847 hrs. Incidents: Possible Kidnapping; Case # 06-1997 Location: . 35 Washington St. Suspect: Javier Alejandro Garcia Mendoza, 22 yrs, Petaluma HMA, 5' 4", 200, brown hair & eyes, dark complexion with a mustache. Victim 1: Maria DeJesus Silva Carrion, 20 yrs, Petaluma HFA; long brown hair, brown eyes, 5' 3" 1101bs. Victim 2: Mayryn Estela Garcia Silva, 1 %z yrs, Petaluma Vehicle: Light Blue 1987 Acura, Integra, CA License# 5RSP838 Summary: This is an update of the previous news release issued on this case. At approximately 0800 today the Petaluma Police Department was notified by a member of the victim's family that the victim and suspect had returned to the victim's home in Petaluma. Petaluma Police Department Detectives responded to the victim's home and contacted both the'victim and suspect. It was learned that there had been some miscommunication among family members that prompted them to report the victim had been taken against her will. While in the Bakersfield area the suspect and victim learned from other family members that the Police had been contacted and a possible kidnapping had been reported. Upon learning this the suspect and victim returned to Petaluma. At this time it does not appear that the victim was kidnapped by the suspect however Detectives are continuing their investigation Prepared by: Dave Kahl, Sergeant NEWS RELEASE For hnmediate Release/Broadcast DATE: March 31, 2006 Occurred Date and Time: March 29, 2006-March 30, 2006, Location: Area between 6tn St.- 8tb St. and G St. — I St. Crime: Multiple Auto Burglaries At about 0700 hrs. Petaluma Police Department began receiving calls of auto burglaries that bad occurred sometime. between Wednesday night and Thursday morning. A total of seven thefts from autos were reported, five of which were burglaries. An unknown object was used to break the front passenger window to gain entry in all five burglaries. The other two cars were left unlocked by the owners. Car stereos were removed in three of the incidents, along with various items from the interiors and glove boxes. It appears that one suspect maybe involved in all, or most of the incidents; Petaluma Police Department is continuing to process the vehicles and property for fingerprints and other evidence. Anyone who may have seen any suspicious persons in this area between 7:30 pm-7:00 am on. Wednesday night or Thursday morning are asked to call Community Service Offrc er Anthony Morgan at 778-4372. Prepared by: Sergeant M. Hunter J`` NEWS RELEASE For Immediate Release/Broadcast DATE: April 7, 2006 Occurred Date and Time: April 7, 2006, 0945 Incidents: Suspicious Circumstances Location: Jefferson @ Payran St., Petlauma Suspects: White male adult, 20-30 years old, shoulder length hair, wearing unknown color baseball style cap. Suspect Vehicle:. Older silver colored compact style pick up truck in poor condition. A yellow bumper sticker with red stripes was affixed to the tail gate... Summary: On listed date and time an 18 year old female high school student was walking along Jefferson St. at Payran St. The above listed suspect drove up to the victim and asked if. she wanted a ride. The victim refused and continued walking. The suspect drove away, turned around and again drove by the victim. The suspect again stopped and asked the victim for a cigarette. The victim yelled at the suspect to leave her alone. The suspect then drove off at a high rate of speed. A school alert form has been sent out to schools in the area alerting them to this activity. Anyone with information is asked to contact Officer P. Gilman at 778-4372. Prepared by: Dave Kahl, Sergeant 2� 3-31 -06 ARGUS-COURIER REQUEST Hood, Steve From: csamson@arguscourier.com Sent: Friday, March 31, 2006 9:10 AM To: Grant, Sue Cc: Hood, Steve; jburns@arguscouder.com; ybieberich@arguscouder.com Subject: Request for information on abuse cases Dear Sue: Our reporter Yovanna Bieberich has asked for information about the following child abuse and elder abuse cases since mid -February. Your response to all of them has been either "confidential" or "no info to be released." We understand and appreciate the department's right withhold informationabout a specific case if doing so would jeopardize an investigation. However, if the investigation is complete or if releasing some details would not jeopardize the investigation, we would expect that information to be released under the requirements of the California Public Records Act. We believe you should be able to tell us.some information about these cases, such as the nature of abuse and some: of the circumstances such as the age and gender of the victim. We are not asking for the -names of the victims. But we would like to report, for example, that "police investigated a report that an 86-year-old man in a convalescent home was beaten by an employee" or "police investigated a.report that a 7-year-old girl was struck repeatedly by a relative." Please review the following cases again and provide details such as type of abuse (physical abuse?), age and gender of victim. Have any arrests been made on any of these cases? twenty child abuse cases: 2043 2044 1868 1427 1369 1374 1216 1293 1300 1147 1108 1087 1044 1016 1019 1026 880 776 774 799 and one elder abuse case: 2061 Sincerely, Chris Samson Managing Editor Petaluma Argus-Courier m e y e r s I n a v e riback silver & wilson professional law corporation April 10, 2006 Mr. Chris Samson, Managing Editor Petaluma Argus-Courier 1304-Southpoint Blvd., Suite 101 Petaluma, CA 94954 Re: Request for Public Records Dated March 31 2006 Dear Mr. Samson: Eric W. Daniy Attorney at Law 707.545.80D9 As you know, we represent the City of Petaluma. This letter concerns your email request dated March 31, 2006 and received by the City on that same day. Pursuant to the California Public Records Act ("CPRA'), the letter requests Petaluma Police Department records on twenty (20) child abuse cases and one (1) elder abuse case. More precisely, your request sought information, such as nature of abuse; age and gender of victim, and whether arrests have been made, for the identified case numbers, After carefully reviewing the records in the City s possession, we have determined that the case records requested are exempt from disclosure under California Government Code Sections 6254(k) and 6255. Government Code Section 6254(k) applies to records whose disclosure Is exempted or prohibited under federal or state law. Government Code Section 6255 applies to information where the public interest in nondisclosure clearly outweighs the public interest in disclosure. Therefore, -your request for such information is denied, in accordance with the following. We have determined that all but one of the twenty (20) child abuse records requested are exempt from disclosure under Government Code Section 6254(k) because they are reports made pursuant. to Carfomia Penal Code Section 11166 and, pursuant to Penal Code Section 11167.5, such reports shall be kept confidential and may only be disclosed to those individuals and agencies specified in subdivision (b) of Penal Code Section 11167.5. The Petaluma Argus-Courfer is not one of those individuals or agencies identified in subdivision (b) of Penal Code Section 11167.5. Furthermore, as you may be aware, Penal Code Section 11167.5(a) provides that'la]ny violation of the confidentiality provided by this article is a misdemeanor punishable by imprisonment in a county jail not to exceed six months, by a fine of five hundred ($50% or by both..." Therefore; not only is disclosure prohibited, disclosure will subject the City to criminal liability. The only record sought concerning minors not made pursuant to the mandatory reporting requirements of California Penal Code Section 11166 and the prohibition against disclosure in Section 11167.5, is exempt from disclosure under Government Code Section 6254(k) because the report was made pursuant to California Welfare and Institutions Code Section 5156 and, pursuant to Welfare and Institutions Code Section 5328, such reports shall be confidential and shall only be disclosed to those individuals, agencies, and purposes provided in subdivision (a)-(x). Again, the Petaluma Argus-Courler is not one of those individuals, agencies, or purposes identified in subdivisions (a)-(x). Welfare and Institutions Code Section 401 Mendocino Avenue, Suite 100 I Santa Rosa, California 95407 I tel 707.545.8009 I fax 707.545.6617 1 www.meyersnave.com 0A-KLA-N0 — S-AN-LE-AND-RU — SANTAIIU-SA — SACfrANLE10T0 • S A N ERANCISC0 • L05 A N G E L E S "1 t Mr. Chris Samson, Managing Editor Petaluma Argus-Courier Apol 10, 2006 Page 2 5330 provides the individual whose report has been released in violation of Section 5328 a cause of action for damages against the individual who released the report Also, some or all of the twenty (20) child abuse reports, and the excerpts sought from such reports, may be exempt from disclosure under California Government Code Section 6254(k) due to their inclusion in a juvenile case file. The. disclosure of such files is only permissible to those persons and agencies identified in California Welfare and Institutions Code.Section 827(a)(1)(A){0)..The Petaluma Argus-Courier is not one of those individuals or agencies identified in subdivision (a)(1). Additionally, Rule 10.15 of the Sonoma County Supedor Court Rules, is applicable to any case subject to a juvenile court proceeding. Any records subject to.Rule 10.15 may not be released without a court order. Additionally, the March 31, 2006 letter requests information on one elder abuse case. This record is exempt from disclosure under Government Code Section 6254(k) because the report was made pursuant to California Welfare and Institutions Code Section 15630 and, pursuant to Welfare and Institutions Code Section 15633, such reports:shall be confidential and may only be disclosed as provided in subdivision (b) of Welfare and Institutions Code Section 15633. The Petaluma Argus-Courier is not one of those persons or agencies identified in subdivision (b). Pursuant to Welfare and Institutions Code Section 15633(a), a violation of Section 15633 is a misdemeanor punishable by'jail time and a fine. In addition to the express prohibitions against disclosure addressed above, the child abuse and elder abuse records requested are also exempt from disclosure under California Government Code Section 6255i which provides that records may be withheld from disclosure when, based.on the facts of the particular case, 'the public interest served by not disclosing the records clearly outweighs the public interest served by disclosure of the record." Here, the Legislature has already in essence applied this balancing test by enacting the provisions of California law addressed above prohibiting disclosure of the reports requested. I am responsible for this determination concerning your records request in my capacity as City Attorney of the City of Petaluma, in consultation with authorized representatives of our client the City. If you have any questions, or are able to refer me to controlling legal authority that supports a different result, please contact me. City of Petaluma Cc: Chief Steve Hood, Petaluma Police Department 816232 ik 0 PRESS. DEMOCRAT REQUEST p-1 The nr•,aloca Fss 427 Menducinn Avenue (p5401) P,O, nos 910, Santa Rnra. Catirmiin 55402 (707)526¢5R5 May 5, 2006 Chief Steve Flood Petaluma Police Department 969 Pctalttma Blvd. N. Petaluma, Calif. 94952-1921 Re: Public Records Act Request Deiir Chief Hood, Pursuant to the California Public Records Act (Government Code section 6250 el seq.) and the California Conttitution, as amended by passage of Proposition 59 on November 12004, I am writing to request access to public informatics included in the following records, which I understand to be in the possession of your agency: 06-0002043, OG-0002044, 06.000108, 06.000.1427; %4)OO1369..06-0001374, 06- 0001216,06-0W1293, W0001300,06-ODDI147.06-0003108,O&O 01087,06-0001044, M-0001016, O6-0001019. 06-0001.026. 06-000880, 06.00MG, 06-000774, OG-o0O799 and OG-CM2061. These are ease numbers drawn from the Petaluma Police Department log. Per Government Cede Sections 6254F(2) and 6254F(3) and Proposition 59, I am swking the following information lion these reports; the dme, substance and Iocation of the complaint or7equestfor service and the time and nature of the departments response in each case. f also am seeking the age or any victims, the factual circumstances ,%wounding the crime or incident, and a general descriptio weapons involved. n of any imjmties, property or 1 ask for a determination on this request within IO days afyour receipt of it and an even question. earlier reply if you can make that detetminativn without having to review the records in � ' 1 r you detennine that any or all or the information is exempt from disclosure, I ask that you reconsider tb LLdetermination in view of proposition 59, which has amended the state Constitution to require that all exemptions be "narrowly construed." proposition 59 may modify or overturn authorities 0m which you have relied in the past, . ,.-c-su�art7 n�r.9ta�tin:ve CnUnt� nay ut! U6 02i45p - - � P• If you nonetheless determine that the requested records are subject to a still -valid exemption. I would further request that: (I) you exercise your discretion to disclose some or all of the records notwithstanding the exemption; and (2) that, with respect to records containing both exempt and non-exempt content, you redact the exempfcontent and disclose Cho resL Finally, should you deny part or this entire request, you are required to provide a written response descdlring the legal authority or authorities on which you rely. Please also address the question whether Proposition 59 requires disclosure even though authorities predating Proposition 59 may appear to support your exemption claim. If I can provide any clarification that will help expedite your attention to this request, please contact me at 521-5201. I am sending a copy of this letter to your legal adviser to help encourage a speedy determination, and 1 would likewise be. happy to discuss my request with him at any time. Th you for your time and attention to this matter. S' Co ely, ✓wz Metm Team Leader The Press Democrat ee; Eric W. Danly, Meyers, Nave et al CatherineBamett. The Press Democrat David McCraw; The New York T'tmes Co. �ID