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| Department : | Mill Valley Police Department |
Overall Grade : F+ |
Total Score : 41% |
| Address : | 1 Hamilton Drive |
| City : | Mill Valley |
| State : | CA |
| Zip : | 94941 |
| County : | Marin County |
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| Auditor : | Malaika Fraley |
| Media Organization : | Contra Costa Times |
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| ORAL REQUEST |
Oral Request Grade : D |
Oral Request Score : 52% |
| Time In : 02:25 pm |
Time Out : 02:29 pm |
Elapsed Time : 0 hour and 04 minutes |
| Agency Personnel Handling the Request : Peggy Butz, Records |
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| Conditions Requires by Agency : Name/ID
Purpose |
points deducted : -10 |
| Explanation : |
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| “I’d like to see the most recently filed statement of economic interests for your commander or senior officer at this office. I believe it’s called the Form 700. It shows the official’s income, property holdings and investments.” |
|
| Form 700 : |
points deducted : -10 |
| Yes, it exists, but it must be requested from a different department or agency |
| Name on Form 700 : |
| Response Date : 12/04/2006 |
| Explanation : City Clerk |
|
| “I’d also like to see the crime information for all burglaries, armed robberies, and sexual assaults, occurring November 1 through November 15, that provide all the details the public has a right to see.” |
| Crime Information : |
points deducted : -2 |
| Unknown, auditor did not pursue documents |
| Response Date : 12/15/2006 |
| Fee Charged : |
| Explanation : |
|
| Calls between Nov. 1-15 for these crimes |
Armed Robbery : |
| Burglary : |
Sexual Assault : |
| Crime information provided included |
| Time and Date of Incident : |
| Time and Date of Report : |
| Victim's Name in Burglary and Robbery : |
| Victim’s Age : |
| Facts Surrounding the Crime : |
| Description of Injuries Resulting from Crime : |
| Description of Property Stolen : |
| Description of Weapons Involved : |
|
| “I’d also like to see the arrest information for arrests made in connection to those crimes reported November 1 through November 15.” |
| Arrest Information : |
points deducted : -2 |
| Unknown, auditor did not pursue documents |
| Response Date : 12/15/2006 |
| Fee Charged : |
| Explanation : |
|
| Arrests resulting from the incidents above |
Armed Robbery : |
| Burglary : |
Sexual Assault : |
| Arrest information provided included |
| Time and Date of Arrest : |
| Arrestee’s Occupation : |
| Arrestee’s Date of Birth : |
| Arrestee’s Sex : |
| Time and Date of Booking : |
| Location Where Being Held : |
| Charges Arrestee is Held On : |
| Time and Manner of Release : |
|
|
| “Most recent record of asset forfeiture fund disbursements. (See Health & Safety Code § 11495(a).)” |
| Asset Forfeiture Funds Disbursement : |
points deducted : -5 |
| No such documents exist that are responsive to this request |
|
| “Officer salary schedule—the document fixing the salaries assigned to each rank, grade and step for each peace officer position maintained by the department.” |
| Officer Salary Schedule : |
points deducted : -10 |
| Yes, it exists, but it must be requested from a different agency |
| Response Date : 12/15/2006 |
| Explanation : Finance Department |
|
| “The most recent death in custody report sent to the Department of Justice. (See Government Code § 12525).” |
| Recent Death in Custody Report : |
points deducted : -5 |
| No such documents exist that are responsive to this request |
| Response Date : 12/15/2006 |
| Explanation : |
|
| “The complete employment contract of the department’s highest ranking peace officer. (See Government Code Section 6254.8).” |
| Employment Contract of Chief/Sheriff/Commander : |
points deducted : -10 |
| No response from the agency at all |
| Response Date : |
| Explanation : |
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“Fees charged for copies of crime reports provided to crime victims or their representatives for insurance or other compensation purposes. I would like to obtain a copy of whatever document states the fee to be charged for records or reports including:
the names and addresses of persons involved in, or witnesses other than confidential informants to, the incident, the description of any property involved, the date, time, and location of the incident, all diagrams, statements of the parties involved in the incident, the statements of all witnesses, other than confidential informants, to the victims of an incident, or an authorized representative thereof, an insurance carrier against which a claim has been or might be made, and any person suffering bodily injury or property damage or loss, as the result of the incident caused by arson, burglary, fire, explosion, larceny, robbery, carjacking, vandalism, vehicle theft, or a crime as defined by subdivision (c) of Section 13960,
as required in Government Code § 6254, subdivision (f).”
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| Crime Victim's Report Fee Policy : |
points deducted : -5 |
| Yes, it exists and is available |
| Response Date : 12/15/2006 |
| Explanation : |
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| NOTE: These items were collected, but for research only (not graded): |
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| “Most recent summary of officer discipline statistics (See Penal Code Section 832.7(c ).” |
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| Statistical Data on Officer Discipline : No such documents exist that are responsive to this request |
| Response Date : |
| Explanation : |
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| “Individual Officer Compensation Records
Namely, the document or documents disclosing the total dollar compensation actually paid to each peace officer employed by this department for the first 11 months of 2006, identifying the officer only by rank, unless the number of officers occupying that rank is three or fewer, in which case a number may be assigned, e.g. Officer 1, Officer 2, etc.”
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| Officer Compensation Records : Yes, it exists, but it must be requested from a different agency |
| Response Date : 12/15/2006 |
| Explanation : Finance Department |
|
| “Officer Workers Compensation Claims
Namely, a copy of all workers compensation claims filed by peace officers employed by this department for the first 11 months of 2006, identifying the officer only by rank, unless the number of officers occupying that rank is three or fewer, in which case a number may be assigned, e.g. Officer 1, Officer 2, etc.” |
| Officer Worker’s Comp Claims : Yes, it exists, but it must be requested from a different agency |
| Response Date : 12/15/2006 |
| Explanation : Finance Department |
|
| “Officer Second Job Records
Namely, a copy of the most current record or records disclosing the second jobs, if any, held by each peace officer employed by this department, identifying the officer only by rank, unless the number of officers occupying that rank is three or fewer, in which case a number may be assigned, e.g. Officer 1, Officer 2, etc.”
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| Officer Second Job Records : No such documents exist that are responsive to this request |
| Response Date : 12/15/2006 |
| Explanation : |
|
| “Media Relations/Public Information Policy/Policies
I would like to obtain a copy of any document that states the department’s policies and procedures for dealing with requests for information or other activities of journalists or news organizations. If there is a policy or procedural guideline for dealing with requests for information from non-media citizens, please provide a copy of that as well. Please also provide, whether included in the general policies or not, any orders or directives concerning:
the public disclosure of the names of officers whose use of a weapon or other conduct has led to the death of a person, and the timing of the disclosure;
the public disclosure of the names of minors who are accident or crime victims but are not suspected of committing crimes or otherwise subject to juvenile court jurisdiction.”
|
| Media Relations and Public Information Policy : Yes, it exists and is available |
| Response Date : 12/15/2006 |
| Explanation : |
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| AUDITOR’S EXPERIENCE |
| 12/4/06
Time in: 2:25 p.m.
Time out: 2:29 p.m.
Contact: Peggy Butz, Records 415-389-4100
At the front desk, I asked with whom could I make a public records
request. Peggy Butz, who was extremely unpleasant, "helped me." I gave
her my oral request and she asked why I wanted it. I said for research.
Research for what, she asked. For a project, I said.
She said I would have to talk to Records Supervisor Deborah Ross, who
was not there that day. She said if I returned the following day,
Deborah would be able to show me them. I asked if any one else can help
me today, she said no. I then gave Peggy why written request, and she
was really put out.
She asked my again, what the project was for. I said, "My employer." She
asked, "Who's your employer." I said, "My boss." I was kinda being a
smartass at this point because she was being so rude to me.
She time-stamped my copy and gave me her card before I left.
On Dec. 15, I received an email with a pdf letter from Mill Valley
Police Department Capt. James Wickham. The letter reads as follows:
Dec. 15, 2006
Malaika Fraley
650-520-6603
VIA EMAIL malaika.fraley@gmail.com
Re: Public Records Act Request of Dec. 5, 2006
Dear Malaika:
This letter shall serve as the City of Mill Valley's ("City") written
response to your request for certain records pursuant to the California
Public Records Act (Givernment Code section 6250 et seq.) received by
the CIty on Dec. 5, 2006. You asked to inspect the following records.
The City's response to each request is stated after the request.
1. Most recent record of asset forfeiture fund disbursements.
Response: There are no records responsive to your request.
2. Most recent summary of officer discipline statistics.
Response: There are no records responsive to your request.
3. Officer salary schedule.
Response: Records responsive to your request are available for your
viewing. Please contact Finance Director Eric Erickson at 415-388-4033
to arrange a time for inspection.
4. Individual Officer Compensation Records. Documents disclosing the
total compensation actually paid to each peace officer employed by the
department for the first 11 months.
Response: Based on your request, it appears you are not requesting the
identity of the officer. Redacted records responsive to your request are
available for viewing. Please contact the finance director to arrange a
time for inspection.
5. Officer Workers' Compensation Claims
Response: Please be advised that workers compensation claim forms
contain information, which disclosed, would constitute an unwarranted
invasion of personal privacy. Information of this type is exempt from
disclosure under California Penal Code section 832.7. As a result, we
are able to provide limited information from the claims such as the
number of claims filed by the city's peace officers for the first 11
months of 2006. Please contact the finance director to arrange a time
for inspection.
6. Officer Second Job Requests
Response: There are no records responsive to your request.
7. The most recent death in custody report sent to the Department of
Justice.
Response: There are no records responsive to your request.
In addition to viewing the above listed documents, you have requested
copies of the following documents:
9. A. Documents stating the department's policy and procedure for
dealing with requests for information from journalists or news
organizations and from non-media citizens.
Response: Records responsive to your request will be made available.
B. Documents stating the department's policy concerning the disclosure
of the names of peace officers whose use of their weapon or other
conduct that has led to the death of a person.
Response: There are no records responsive to your request.
C. Documents stating the department's policy concerning the disclosure
of the names of minors who are who are accident or crime victims but are
not suspected of committing crimes or otherwise subject to juvenile
court jurisdiction.
Response: Records responsive to your request will be made available.
10. A. Documents reflecting the fees charged for copies of crime reports
provided to crime victims or their representatives for insurance or
other compensation purposes.
Response: Records responsive to your request will be made available.
B. Documents stating the fee to be charged for copies for copies of
documents containing information's required to be disclosed pursuant to
Government Code section 6254 (f).
Response: Records responsive to your request will be made available.
As well, it is my understanding that you spoke with an employee and
requested to view the 700 Form for the highest ranking officer. Please
be advised that this document and all 700 Forms are available for
viewing at the city clerk's office at 26 Corte Madera Avenue.
Finally, you also requested to view arrest logs for Nov. 1, 2006 through
Nov. 15., 2006. Records responsive to your request will be made
available.
Please let us know in writing if we have misinterpreted any part of your
request.
Very truly yours,
Capt. James Wickham
Mill Valley Police Department
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