Title
[Withdrawn without prejudice] Hearing of Sunshine Ordinance Complaint Filed July 11, 2018
Body
To: Honorable Members of the Open Government Commission
From: Janet C. Kern, City Attorney
Re: Hearing of Sunshine Ordinance Complaint Filed July 11, 2018
Background
On June 16, 2018, complainant James Howley filed with the Alameda Police Department a request for records under the California Public Records Act (Exhibit 1). He requested:
"copies of any and all content, including but not limted to: all of the officers' body camera footage and any related audio; any and all dash cam vide and related audio; dispatcher logs; police reports; internal memos; and any and all related department policies from the incidents involving James Howley (Case # 18-940/Resisting Arrest) that occurred on Sunday, February 18, 2018, at the following locations: my home address 330 Westline Drive, # B424, Alameda, CA 94501; Alameda Hospital 2070 Clinton Avenue Alameda CA 94501 and John George Psychiatric Hospital 2060 Fairmont Drive, San Leandro, CA 94578" and
"any and all information related to the quantity, date and outcome of any and all complaints made against Officer Kevin Campi # 30, Officer Jeannette Cazares # 85 and Officer Sara Cardona # 11.
On June 27, 2018, the City Attorney's Office responded to Mr. Howley (Exhibit 2) that both categories of records he sought were exempt under the California Public Records Act, the first category under Government Code, section 6254 (f) [police files that relate to an ongoing investigation] and the second category under Penal Code section 832.7 [peace officer's personnel files are confidential and may be disclosed only through certain procedures.]
On July 11, 2018, Mr. Howley filed a Sunshine Ordinance Complaint (Exhibit 3) naming the Alameda Police Department as the Department against which the complaint was filed and alleging a violation of access to public records and citing Section 2-93 and 2-93-7 of the Sunshine Ordinanc...
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