Getting your request to them quickly

Should you mail it? Fax it? Email it? I find that sending it by fax and mail is most effective. I did have the Recorder's Office ignore my fax and they date stamped the mailed version. If you can find out the department head's email address, consider making your request a .pdf document and email it to them. I would caution you against sending a word file or .doc since it can be easily changed. I try to keep all my requests to .pdf format so that I can easily view them in Adobe Bridge and so that I can have small file sizes. Try to find out the email address for the contact person. This is a great instant method to get the request to them. Be creative.

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Sorry, but I had to.

This is just too funny. I couldn't help it.

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Senator Larry Craig oh Senator Larry Craig

Keeping with this months theme of "How people abruptly end their career" public records show quite a bit about Senator Larry Craig.

From Roll Call:

Just minutes after Senate Republican leaders issued a statement Tuesday afternoon recommending the Senate Ethics Committee review Sen. Larry Craig’s (R-Idaho) arrest and subsequent guilty plea over an incident at a Minnesota airport men’s restroom, the Idaho Senator publically asked for his constituents’ forgiveness and proclaimed repeatedly that he is not a homosexual.

"I am not gay and I have never been in a restroom in Union Station having sex with anybody." "There's a very clear bottom line here," Craig said. "I don't do that kind of thing. I am not gay, and I never have been." Now this sounds an awful lot like a former prominent pastor. I won't continue to belabor the point, but if you want to see what else the Idaho Statesman paper dug up, click here.

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Contra Costa Newspapers, Inc. v. City of Oakland

July 22, 2004 - The Times sues Oakland in Alameda County Superior Court, demanding the names and salaries of the city's employees. The state's newspapers quickly rally to the case on the side of disclosure. Public employee unions join the case on the side of the city.
Verified Petition for Writ of Mandate (pdf)
Memo. of Points and Authorities in Support of Writ of Mandate (pdf)

Nov. 8, 2004 - Alameda County Superior Judge Steven A. Brick orders the disclosure of the salaries, writing the information is needed "so that citizens can effectively monitor the activities of the government." The data shows that 74 of the cities' 100 highest paid employees are police and firefighters and that some increased their yearly gross by more than $100,000 through overtime.
Order Granting Petition for Writ of Mandate (pdf)

April 18, 2005 - The California First District Court of Appeal upholds Brick's decision in a 3-0 ruling. "Payment of public employees' salaries is a public expense, and the amounts and recipients of that expense are public records," the justices wrote. The decision sharply contradicts the October 2003 decision by a different panel of appellate justices in the Priceless case.
Court of Appeal Ruling (pdf)
Court of Appeal Ruling (doc)

May 27, 2005 - The unions appeal to the Supreme Court, which on July 27 grants review of the case.Numerous groups petition for leave to file as Amici Curiae. The ACLU of Northern California files its petition in support of releasing the records.
ACLU's Petition (pdf)

Aug. 27, 2007 -The Supreme Court rules 7-0 in favor of disclosure of non-police officer salaries. It also carves a small exemption for officer's working in undercover or dangerous positions where release of names may endanger them, but otherwise rules that police salaries can be disclosed. One justice dissents on the issue of releasing police data.
Supreme Court Ruling (pdf)
Supreme Court Ruling (doc)

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100K Club is uncloaked

The California State Supreme Court issued two landmark rulings today. As the San Francisco Chronicle reports:

The salaries and hiring and termination dates of government workers, including police officers, are public information and cannot be kept secret, a divided state Supreme Court ruled today in two related cases.
The California Public Records Act requires the state's Commission on Peace Officer Standards and Training to disclose the names, departments, hiring and termination dates of California law-enforcement officers, the court ruled in one case that began in Sacramento County.
In the other case, involving the city of Oakland, the court said the public-records act also requires the disclosure of names and salaries of public employees making at least $100,000 a year.
Both cases involved news media requests for the disclosure of government personnel information.
"I'm very pleased," said Karl Olson, an attorney representing the Contra Costa Times in the Oakland case. "I think it's a major victory for the public's right to know. The court looked at whether the public interest in seeing how government's money is spent outweighs the assertions of privacy that have been made by the public employee unions, and they correctly concluded the public's interest is paramount."
In the Sacramento County case, a state appeals court had ruled that the information sought by the Los Angeles Times couldn't be disclosed because it was available only from personnel records. The appeals court ruled those records were not public documents.

Here are the rulings:Com. on Peace Officer etc. v. Super. Ct. and Internat. Prof. & Tech. Engineers v. Super. Ct.
California State Supreme Court website.

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Monday's "HOW TO"

I never realized how much work was involved in blogging; Feeds, pings, blog rolls, mutual linking, page impressions, you get the point. That being said I thought having a semi-structured format would be helpful. On Monday's I am going to attempt to have a "HOW TO:" post that will help you, the reader, obtain public records, or at least point you in the direction of resources for obtaining the records you seek. So this week's post will be a resource ... It can be tough finding out what who is in charge of an agency, do they have a public records officer, what are their policies, etc. Debra Bowen, California Secretary of State has a terrific resource called the California Roster. Here is the 2007 Roster.

The California Roster, also known as the Roster of Public Officials, is a listing of California’s public officeholders, including our United States government officials, the Constitutional officers, members of the State Senate and Assembly, the Judicial branch, county officials, and Incorporated city and town officials.
It also includes a history of California’s office holders, descriptions of the state emblems, a listing of all state agencies, departments, boards and commissions, a listing of the unincorporated areas, and information on the state officials for each state in the nation.
The California Roster has been made available exclusively online by the Secretary of State since 2005.

The Secretary's website also has their Public Record Act guidelines posted on their website. Here is the current guideline.
If you have any suggestions or requests for future posts, please leave your comment here.

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Vick signs Plea Agreement

Michael Vick signed the Plea Agreement. He does not admit to gambling or killing any dogs. Let's hope U.S. District Judge Henry E. Hudson rejects the agreement and forces Vick's hand. Other defendants have agreed to the terms, but Vick in an effort to save any potential NFL career has had his legal team persuade the U.S. Attorney's Office to omit conduct that is expressly prohibited by the NFL's personal conduct policy. Since he won't admit to gambling (which could result in a lifetime ban from the NFL) it appears he may be eligible to return to the NFL after serving his prison sentence. I can see the NFL banning him, Vick fighting the ban through arbitration and Vick getting his job back, just like former Canton police officer Bobby Cutts.

From The Atlanta Journal-Constitution:

Michael Vick's father said he pushed his son to quit dogfighting years ago or, at least, put property used for the fights in the name of friends to avoid being implicated some day.

Michael Boddie, in two sometimes tearful interviews with The Atlanta Journal-Constitution this week, said some time around 2001 his son staged dogfights in the garage of the family's home in Newport News, Va. Boddie also said Vick kept fighting dogs in the family's backyard, including injured ones —- "bit up, chewed up, exhausted" —- that the father nursed back to health.

Boddie, who is estranged from his son, dismissed the idea that Vick's longtime friends were the main instigators of the dogfighting operation.

"I wish people would stop sugarcoating it," Boddie said. "This is Mike's thing. And he knows it."

He "likes it, and he has the capital to have a set-up like that." And here is the rest of it.

Well there you have it, even Dad knows the truth about his son. Ron Mexico has no place in the "professional" football arena.

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Father of the Year Canton Police Officer officially Indicted

Former police officer Bobby Cutts, Jr. is officially indicted. You may remember this is the Canton Police Officer who had a checked past, multiple children with multiple women, was married at the time he was in a relationship with Jessie Davis, and is the father of Blake Davis, the adorable child who tragically saw the demise of his mom. Needless to say, defendant Cutts WILL NOT be this years Father of the Year.

Don't forget, Bobby Cutts, Jr. will likely plead, "Not Guilty" in response to the indictment, maintain his innocence similar to his proclamation to the Canton Repository in an exclusive interview in June 2007.

Did Cutts, the Canton police officer, have anything to do with Davis’ disappearance?
“No, I did not,” Cutts said. Cutts looked tired, sullen and depressed. He openly wept during an exclusive interview with The Repository from his home.

I can just see it now, "Oh, THAT Jessie Davis, my son's mom. I didn't know you were talking about that Jessie Davis. Um, let me see (pausing for a moment to look at his attorney) what kind of deal can I get?"

Here are some of the documents worth looking at:
Criminal Complaint - Cutts // Criminal Complaint - Ferrell // Cutts Indictment // Jessie Davis Missing Poster
An article on Cutts' past

Here is Bobby Cutts, Jr.'s new home.

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FAKE Investigator gets 5 years

Kathleen Culhane gets five years for faking documents. The media can't seem to get this straight. So here it is. Kathleen Culhane was a former investigator for the Habeas Corpus Resource Center and then worked as an unlicensed investigator. She WAS NOT A PRIVATE INVESTIGATOR, she has not been a licensed private investigator, PLEASE PLEASE STOP CALLING HER A PRIVATE INVESTIGATOR, DEFENSE INVESTIGATOR, etc. She was an independent contractor for various lawfirms. Those firms payed her to perform work they should have sent to Licensed Private Investigators. You wouldn't hire an unlicensed attorney to represent you in litigation. You wouldn't hire an uncertified mechanic to repair your automobile. You shouldn't hire an unlicensed individual to be your Professional Investigator. First she pleads not-guilty and maintains her innocence, then faced with the overwhelming realization that the TRUTH will come out, she, well lets put it this way, appears to have a case of ... Michael Vick syndrome.

Probable Cause Affidavit Felony Complaint

From a November 18, 2006 article:
"It's clear they're going to prosecute her and try to make a symbol of her," said Culhane's lawyer, Stuart Hanlon. He said Culhane, who has "dedicated her life to fighting against the death penalty," maintains her innocence and will fight to vindicate herself.
From a Thursday, February 22, 2007 article:
Kathleen Culhane, 40, pleaded not guilty in a Sacramento court to 45 criminal charges. She turned herself in Monday night and will be released from jail after posting $50,000 bail, probably by Friday, said her lawyer, Stuart Hanlon.
From a Tuesday, May 1, 2007 article:
A former criminal defense investigator accused of forging statements from jurors, witnesses and others in death penalty cases pleaded guilty to four charges Monday and accepted a five-year prison sentence. Kathleen Culhane, 40, said outside a Sacramento courtroom that she filed incorrect documents on behalf of five condemned inmates because she believes that capital punishment is wrong.
Culhane's attorney, Stuart Hanlon, called the five-year sentence -- she could get out in 2 years and 8 months if she behaves in prison and earns good-time credits -- a "very stiff consequence." Hanlon noted that Culhane has always worked to help others, spending seven years in El Salvador helping war refugees before beginning her work on death penalty cases. "She has taken responsibility for what she did," he said.
This is classic, "She has taken responsibility for what she did." RIIIIIIIIIIIIGHT. If she was taking responsibility for what she did, she would have pled guilty when arraigned and let the chips fall where they may. It cracks me up when you hear the obligatory statement, "I'm innocent, these charges are frivolous, I look forward to my day in Court, I'm going to fight these baseless charges until the very end, blah, blah, blah." It would appear to be a mandatory step in the representation of an alleged suspect. Here's the new protocol. Crime ---> Police investigate ---> "person of interest" is interviewed/detained/arrested ---> Suspect "lawyer's up" ---> Obligatory statement is issued (not my pants, not me on that video, not my gun, don't know how it got in my jacket, I wasn't even there, I didn't know her) ---> Pleads Not Guilty ---> Prosecution shows their hand (King high straight flush) ---> Suspect Pleads Guilty

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Not the FEATURE Vick, Jew or Recorders Office has become

Get Featured is a really neat concept for getting bloggers some often needed exposure. I think the concept could be adapted to... this very blog, and have a FEATURED section for compliance or lack thereof.

Get Featured is free (at the time of this posting) and will provide your blog with 24 hour exposure for one day. Great way to test your key words and analytics. Please check them out.

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Ron Mexico Michael Vick first pled NOT GUILTY now pleads GUILTY

Ron Mexico Michael Dwayne Vick suddenly remembers that he is guilty of organizing dog fights. This after adamently proclaiming his innocence and his vow to clear his "good name." At his arraignment, he pleads not guilty and says he will clear his good name.

Time for the broom. I can only wonder if Ed Jew will realize what Vick realized; EVERYONE IS AGAINST ME, WITNESSES ARE LINED UP TO TESTIFY AGAINST ME, THE TRUTH HURTS. What does this have to do with Public Records? Pacer!!! If you want to learn about what's going on in a Federal case, you need an account with Pacer and you need to search. Here are some interesting Vick documents.

Indictment

Affidavit

Co-defendant Summary of Facts

Co-defendant2 Summary of Facts

Co-defendant Plea Deal

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Sunlight foundation blog on FOIA

Two investigative reporters blog about their experience with FOIA (from Wikipedia) and have links to copies of the documents. I think having image scans of the documents is very helpful for people to see the form and specific exemptions cited. It gives you a chance to overcome the objections ahead of time and it definitely helps to narrow your requests.

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What to ask for and how to identify it

The most frustrating part of Public Records research is when you have someone tell you that they don't understand what you're asking for. They don't even know what records they keep. I found one really helpful resource to help narrow down the specifics of my requests, and to learn what categories of documents different departments keep. Paper Trails: A Guide to Public Records in California by Stephen Levine and Barbara T. Newcombe provides incredible insight into what documents each department of each agency keeps. This is very helpful when you "think" one department has the record and in fact it doesn't. For example if you wanted to know what records the Parks and Recreation department of your county keeps you would look through the index, it tells you to goto C295 through C306. You find different headings for Dock, Harbor, Marina Permit Files; Incident and Accident Reports; Lease Files; Lifeguard Administration Files; Pesticide Spraying Files.

A detailed description of C303: Permits and Reservations Files, Use Permit Files, Facility Use Permits. Records of requests for permission to use a facility. Contents: name of organization, fees, site requested, date, time, correspondence, insurance policies, bond information, registration logs, description of activities, anticipated attendance, receipts, billing. (Very insightful stuff if you ask me). I use this book often.

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Yolo County District Attorney Understands Public Records

Well I think I found a government office that understands Public Records. Jeff W. Reisig is Yolo County's District Attorney. His office has a page providing Guidelines for Access to Public Records.

Guidelines

Directing Your Request

Direct your request to the DA's Public Records Clerk. The DA has designated a Public Records Clerk to facilitate its response to public records requests. If you direct your request to the Public Records Clerk, it will make it easier for us to track and process your request that will result in your receiving a more prompt response.

The Public Records Clerk may be reached by telephone at (530) 666-8413, by e-mail at publicrecords@yoloda.org , and by US mail at:

Yolo County District Attorney - Public Records Clerk 301 Second Street, Woodland, CA 95695

Written Requests are Encouraged

The DA encourages, but does not require, requests for records to be made in writing unless the request involves records maintained by the DA for the purpose of immediate public inspection. Examples of these types of records include:

• Statements of economic interest,
• DA publications and these guidelines.

Written requests help the DA respond to the request and correctly identify the records requested. Denials of written requests will be provided in writing. When requests are made orally, the DA may confirm the request in writing to ensure it has correctly understood the request.

It seems to me that the DA recognizes that public records act requests may be verbal, yet the Yolo County Health Department requires the request to be in writing.

"A member of the public may review files after submitting a written request to review specific files. To help us provide the best customer service, we encourage you to call ahead and make an appointment. This allows us to have the files ready when you get here, and it helps eliminate conflicts for files and computer stations between reviewers.

If you wish to make an appointment, please complete a File Review Request Form and submit as described at the bottom of this page. Please be as specific as possible on the request form when describing the documents that you wish to review/copy. Providing facility names, addresses, and parcel numbers will help us to locate the requested information. If there are any questions please call and speak to Yvette Mitchell at (530) 666-8646."

It's too bad the departments couldn't talk to each other. Maybe County Counsel could help ALL County Departments understand the Public Records Act. Assuming County Counsel understands it. They really need to consider having someone from Californians Aware conduct an in service training, or the Attorney General's office.

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CCC Recorder's Office Strikes Back

So I received Ms. Chambers' response. Obviously she had the assistance of County Counsel. If you look at it, read it, and then think about it, I think I need to goto the Board of Supervisors because it is obvious that they arbitrarily charge more than the direct or indirect costs. They make a surprising admission. Did you catch it? Keep reading. I'm actually a little busy right now, so I can't provide my line by line analysis, but I'm certain to keep you posted on my response, when I can get to it. Paying clients take priority over my time.

One comment I wanted to include was the fact that if you notice the fax transmission on some of the documents, they were sent to or from the recorder's office on July 25, 2007. Why did it take so long to send me the response? The Sunshine Ordinance specifically says not to use the State law time line as a delay tactic. And why can't anybody figure out what the word INSPECTION means? If I ever become independently wealthy, I'm going to sit my rear-end in the public offices and INSPECT every darn file, until Government gets it RIGHT!!!

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