SB 978 Policies/URL (Tuolumne County District Attorney)

Beryl Lipton filed this request with the Tuolumne County District Attorney of Tuolumne County, CA.
Multi Request SB 978 Policies/URL
Status
Completed

Communications

From: Beryl Lipton

To Whom It May Concern:

This is a request for public records under the California Public Records Act (CPRA).

Under SB 978, a law passed in 2018, "each local law enforcement agency shall conspicuously post on their Internet Web sites all current standards, policies, practices, operating procedures, and education and training materials that would otherwise be available to the public if a request was made pursuant to the California Public Records Act."

Pursuant to CPRA, I request the following records:

• All current standards, policies, practices, operating procedures, and education and training materials in use by this agency.

If these records are already available online, please provide me with the direct links to them. Otherwise, I would prefer these records in an electronic format.

If there are any fees for searching or copying these records, please inform me if the cost will exceed $10. However, I would also like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public’s understanding of police practices. As the Senate Rules Committee wrote in its May 26, 2018 floor analysis:

"Making regulations of law enforcement agencies easily accessible to the public helps educate the public about law enforcement policies, practices, and procedures, increases communication and community trust, and enhances transparency while saving costs and labor associated with responding to individual requests for this information."

This information is not being sought for commercial purposes. Furthermore, the requested materials are required by law to be made easily available due to their importance to the public.

The California Public Records Act requires a response within 10 business days. If access to the records I am requesting will take longer, please contact me with information about when I might expect copies or the ability to inspect the requested records.

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.

I can be reached via email at the address attached to this request.

I appreciate your time and look forward to hearing from you soon.

Respectfully,
Beryl Lipton

From: Tuolumne County District Attorney

Good afternoon,

I am writing in response to your California Public Records Act request addressed to the Tuolumne County District Attorney's Office for "All current standards, policies, practices, operating procedures, and education and training materials in use by this agency."

Pursuant to Government Code § 6253(c)(2) this letter is to notify you unusual circumstances exist in that there is a need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request, and I anticipate being able to forward any and all responsive documents, if any, on or before July 20, 2021.

Cody M. Nesper
Deputy County Counsel
Tuolumne County
2 South Green Street
Sonora, CA 95370
(209) 533-5517

The information contained in this electronic mail message is information protected by the attorney-client or the attorney work product privilege, or both. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by electronic mail. If the person actually receiving this electronic mail, or any other reader of this electronic mail is not the named recipient, employee or agent responsible to deliver to the named recipient, any use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please advise the sender immediately by reply e-mail and delete this message.

From: Tuolumne County District Attorney

Good afternoon,

Tuolumne County as determined public records responsive to your request exist; however, additional time is required to produce the requested records. We anticipate providing responsive records on or about August 20, 2021.

Kind regards,

Cody M. Nesper
Deputy County Counsel
Tuolumne County
2 South Green Street
Sonora, CA 95370
(209) 533-5517

The information contained in this electronic mail message is information protected by the attorney-client or the attorney work product privilege, or both. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by electronic mail. If the person actually receiving this electronic mail, or any other reader of this electronic mail is not the named recipient, employee or agent responsible to deliver to the named recipient, any use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please advise the sender immediately by reply e-mail and delete this message.

From: Tuolumne County District Attorney

Good morning -

In response to your status request below, my client performed a diligent search of department records and reports the following:

1. California District Attorney's Association (CDAA) training materials exist however they are subject to copyright, and as a result, the County cannot provide copies without violating copyright law. You are referred to CDAA if you would like to purchase those training materials.

1. The Tuolumne County District Attorney's Office does not currently have a training manual in use, however a use of force policy which is used for training is accessible by the public on the DA Office's website, quick link section, located at: https://www.tuolumnecounty.ca.gov/166/District-Attorney

No other responsive records were found. If you have any questions, please contact my office.

Best regards,
Christopher J. Schmidt
Deputy County Counsel
County of Tuolumne
(209) 533-5517

The information contained in this electronic mail message is information protected by the attorney-client privilege or the attorney work product privilege, or both. It is intended for the use of the individual named above and the privileges are not waived by virtue of this having been sent by electronic mail. If the person actually receiving this electronic mail, or any other reader of this electronic mail is not the named recipient, employee or agent responsible to deliver to the named recipient, any use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please advise the sender immediately by reply e-mail and delete this message.

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