Contra Costa County Sheriff's Office

Since I started this Public Record journey, I have had problem after problem with one specific department. I don't know why they feel they can respond however they wish, or why it takes multiple letters to the point that I go and speak with County Counsel in person about it. Well this months winner is the Contra Costa County Sheriff's Department. I know some in LE have a holier than thou attitude, but they take the cake. I will post some of my previous chronicles later, including when Judge Haight agreed with my position.

For now, I offer my CPRA REQ for records authorizing them to charge their insane fees for copies. My request was sent via facsimile and email. Take a look.

Well, they responded and asked for an extension of time to gather the responsive documents.

After a little sleuthing, I learn that Lt. Dennis S. Kahane is an attorney. Lt. Kahane also ran for Rep. Central Committee of the 3rd Supervisor District. He's in charge of or was in charge of Sheriffs Charities, Inc.

There also appears to be some litigation in Contra Costa County involving Lt. Kahane, and it definitely appears to be protracted.

I received their response recently, and AGAIN the Sheriff's Office cannot figure out that I am requesting to INSPECT the files. I have made no determination as to whether I am going to need copies, pay for copies, or pay them for the copies. I get the impression the Sheriff's Office would prefer that people don't question them, or appear in person. We'll I'll just have to draft my response soon. Here's theirs:

Click here...it's not over yet

Looks like Antioch Police Department is getting CPRA REQ'd

Public Advocates, Inc. and Bay Area Legal Aid have asked Antioch Police to respond. Request

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Public Record Act Policies

Below you will find a few different agency or department Public Records Act policies. I find it very helpful to start with the agency's own printed policy to start my quest. If they have a published policy they might actually KNOW the law. Notice the word might is italicized. The First Amendment Project put together a really nice tri-fold .pdf that I have found was helpful and clearly explains the Law and its provisions.

Here are a few Public Record Act Policies I found today. You may want to bookmark or download them.

California Attorney General (has nice training .pdf) (Summary of Public Records Act)

California Environmental Protection Agency (Policy)
For more information contact Cal/EPA’s public records officer: Jami Ferguson at 916 322-2935 or jferguso@calepa.ca.gov

California Department of Corporations (Policy)

Department of Boating and Waterways (Policy)

State Water Resources Control Board (Policy)

Orange County Sheriff/Coroner (Policy)

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Contra Costa County Clerk-Recorder

So I decided to travel to the Clerk-Recorder's new digs for a two-part purpose. Number 1, I have a client who has a nice judgment against a certain horse-trainer and I wanted to see if anything had changed since I last checked his property (such as new liens being placed, nothing better than just getting in line). Number 2, its new, and from the infomercial I saw on basic cable, it looked nice. I was curious to see the electronic imaging of records, ease of use, ordering, etc.

I thought to myself, what a wonderful facility, finally someone is getting in line with the Technological Boom. Then I saw their fees. Recorder Fees and Clerk Fees.

So "plain" photocopies are $1.00 each? According to the Recorder's published fees, they are. They cite California Government Code section 27366 as their authority. So let's take a look at Gov. Code section 27366 which states, "The fee for any copy of any other record or paper on file in the office of the recorder, when the copy is made by the recorder, shall be set by the board of supervisors in an amount necessary to recover the direct and indirect costs of providing the product or service or the cost of enforcing any regulation for which the fee or charge is levied."

So I decided to check the Contra Costa County Better Government Ordinance since it is one of the Sunshine Ordinances in the Bay Area.

"For documents assembled and copied to the order of the requester, a fee not to exceed 10 cents per page may be charged, plus any postage costs." Contra Costa County Code, Title 2 Administration, Chapter 25-4, section 25-4.610(d).

I decided to ask Stephen L. Weir, Clerk-Recorder for his thoughts and authority to arbitrarily charge $1.00 per plain page copy.

My letter dated July 5, 2007 was faxed and mailed. The facsimile transmission shows it was received without error.

A response dated July 16, 2007 was signed by Barbara Chambers, Assistant County Recorder. Interestingly they attached a copy of my July 5, 2007 letter, yet it was date stamped, "Received July 10, 2007". I guess they ignore the faxed request. The response stated, "I am enclosing a copy of the board order that was done in 1994 pursuant to Government Code 27366 regarding the board setting the copy fees for the Recorder's office."

Does it sound odd that they are relying on a 1994 order? What about OPEN GOVERNMENT. What about the Sunshine Ordinance?

So I decided I need to look into this a bit more. Here is my July 23, 2007 Public Records Act Request to Barbara Chambers.

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The START

Okay, so I am starting this blog to diary or journal my experiences with obtaining Public Records under the California Public Records Act and Freedom of Information Act. I believe in WE THE PEOPLE, FOR THE PEOPLE, BY THE PEOPLE. My goal is to keep you posted on my progress, obstacles faced, and any resolutions.

Since I am not an attorney, I can not provide legal advice, it would not be safe to take what I say as legal advice, do not rely on my advice. I have just enough of an education to get myself into trouble, I do not need your troubles adding to mine. That said, here we go...

Click here...it's not over yet