“In enacting this chapter, the legislature, mindful of the right of individuals to privacy, finds and declares that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state.”
The
Police agencies are required to comply with the California Public Records Act (the act) as codified in California Government Code § 6250-6270. The act allows the public to access and review the “police blotter” (list of times and circumstances of all calls to police, names and details of arrests, warrants, charges and hearing dates) that is compiled daily by police agencies. This investigation found that the Scotts Valley Police Department is in full compliance with the act. The Capitola Police Department, the Santa Cruz County Sheriff’s Department, the Santa Cruz Police Department and the Watsonville Police Department provide only limited information and are not in compliance with the act.
Arrest log: abbreviated version of the incident log (police blotter) made available to the press and public upon request
Local agencies: includes counties; cities, whether general law or charter; school districts; municipal corporations; special districts; political subdivisions; any board, commission or agency; other local public agencies; or entities that are legislative bodies of a local agency pursuant to subdivisions
Media release log: abbreviated version of the incident log (police blotter) made available to the press and public upon request
Member of the public: person who is not a member, agent, officer or employee of a federal, state or local agency acting within the scope of his or her membership, agency, office or employment
Police blotter: an incident log that contains a list of times and circumstances of all calls to the police, names and details of arrests, warrants, charges and hearing dates, that is compiled daily by police agencies
Public agency: any federal, state, regional or local agency
Public records: information relating to the conduct of the public’s business prepared, owned, used or retained by any state, regional or local agency regardless of physical form or characteristics
Capitola Police Department.
Livermore Police Department.
Santa Cruz County Sheriff’s Department.
Santa Cruz Police Department.
Scotts Valley Police Department.
Watsonville Police Department.
911 Dispatch Staff.
All
First Amendment Project site, www.thefirstamendment.org.ca-html.
Contra Costa
Times, “Half of Police Agencies
Withhold Incident Logs,”
Public Records Act Government Code § 6250-6270.
California Government Code § 6254 (f)(2) requires the following information in police blotters:
“the time, substance, and location of all complaints or requests for assistance received by agency and the time and nature of the response including the extent the information regarding crimes alleged or committed or any other incident investigated is recorded, the time, date and location of the occurrence, the time and date of the report, the name and age of the victim, the factual circumstances surrounding the crime or incident, and a general description of any injuries, property or weapons involved.”
Information in the “police blotter” (time and circumstances
of calls to police, names and details of arrests, warrants, charges and hearing
dates) MUST be disclosed unless such disclosure would endanger an investigation
or the life of an investigator. Additional information that may not be disclosed
without a court order includes the name(s) of suspects under investigation,
juveniles’ identities, names of victims of domestic violence and the names of
the victims of child abuse or molestation. On
Members of the Grand Jury visited the five police agencies in the county as private citizens to request information. In only one case did they have to identify themselves as Grand Jurors to obtain information. They also visited the Livermore Police Department as a comparison to the local agencies. This department readily provided all information of police activity as requested by private citizens.
In addition to the California State Highway Patrol, there
are five police agencies within
· Capitola Police Department
· Santa Cruz Police Department
· Santa Cruz County Sheriff’s Department
· Scotts Valley Police Department
· Watsonville Police Department
This report examined whether local police agencies comply with the California Access to Public Records Act. It also looked at whether they comply with their own policies and procedures and whether those policies and procedures are consistent with the act.
1. The department does not provide a complete police blotter but provides information in the form of a media release log.
Response: Capitola Police Department PARTIALLY AGREES.
The department, along with the other partner agencies who are members
of the
2. The department’s access to public records policy is in accordance with the California Access to Public Records Act.
Response: Capitola
Police Department AGREES.
3. When Grand Jury members, without identifying themselves as such, requested information in regard to police activity, copies of the log were provided.
Response: Capitola
Police Department AGREES.
1. The department does not provide a complete police blotter but provides information in the form of an arrest log.
Response:
2. When the access to public records policy was requested from the Sheriff’s Department, a copy of the California Public Records Act [Law Enforcement Records Exempt Records – 6254 (f)] was provided.
Response:
3. The arrest log was not made available when requested by public citizens.
Response:
4. The arrest log was made available when citizens identified themselves as members of the Grand Jury.
Response:
5. Copies of the arrest log could only be made by hand.
Response:
1. The department does not provide a complete police blotter but provides information in the form of a media release log.
Response: Santa Cruz Police
Department PARTIALLY AGREES.
The department, along with the other partner
agencies who are members of the
2. The department’s access to public information policy is in accordance with the California Access to Public Records Act.
Response: Santa Cruz Police Department AGREES.
3. When members of the Grand Jury, without identifying themselves as such, requested information regarding police activity, it was provided in the form of a media release log.
Response: Santa Cruz Police
Department PARTIALLY AGREES.
Members of the Grand Jury identified
themselves to the Police Department Records Manager.
4. The media release log could be read at the department, but information could only be copied by hand.
Response: Santa Cruz Police
Department AGREES.
The “media release cases” have been
available on the department web site since
1. The department issues an event history (police blotter) that contains all the information that the public is entitled to.
Response: City of
2. The department also issues a media log which is a synopsis of the event history.
Response: City of
3. The department’s access to public information policy is in accordance with the California Access to Public Records Act.
Response: City of
4. When members of the Grand Jury, without identifying themselves as such, requested information regarding police activity, both the event history and the media log were provided and copies were allowed to be made.
Response: City of
1. The department does not provide a complete police blotter but provides information in the form of a media release log.
Response:
Watsonville Police Department DISAGREES.
There
is nothing in the
Any
person or organization may request a public record in an electronic format, but
“the cost to construct a record, and the cost of programming and computer
services necessary to produce a copy of the record…shall be born by the requester”
(GC 6259.9). The Watsonville Police Department has not received any request for
the creation of any report construed as a “police blotter.” The Santa Cruz
Records Management System users – which include the Watsonville Police
Department – in response to the news media request for basic information on
reports filed that are subject to the CPRA, and partly to comply with
Government Code 6259.9, created the media log. Not all information detailed in
Government Code 6254 (f)(1) and 6254 (f)(2), however, is listed in the log, but
all information subject to public disclosure under these sections is provided
upon request.
2. The department’s access to public records policy is in accordance with the California Access to Public Records Act.
Response:
Watsonville Police Department AGREES.
3. When Grand Jury members, without identifying themselves as such, requested information regarding police activity, copies of the media release log were provided.
Response:
Watsonville Police Department AGREES.
1. The information of police activity provided in the media release log is not in compliance with the California Access to Public Records Act.
2. The information provided in the media release log is not in compliance with the department’s own policies and procedures.
3. The staff was courteous when providing information to unidentified Grand Jurors.
1. The information provided in the arrest log is not in compliance with the California Access to Public Records Act.
2. The information provided in the arrest log is not in compliance with the department’s own policies and procedures.
3. The staff was neither courteous nor helpful when Grand Jury members requested information, whether as private citizens or as Grand Jury members.
1. The information provided in the media release log is not in compliance with the California Access to Public Records Act.
2. The information provided in the media release log is not in compliance with the department’s own policies and procedures.
3. The staff was courteous when providing information to unidentified Grand Jurors.
1. The Scotts Valley Police Department complies with the California Public Records Act.
2. It provides information to the public in compliance with department’s own policy and procedures manual.
3. The staff was courteous and friendly when visited by unidentified Grand Jurors.
1. The information provided in the media release log is not in compliance with the California Access to Public Records Act.
2. The information provided the media release log is not in compliance with department’s own policies and procedures.
3. The staff was courteous to the public in providing information to unidentified Grand Jurors.
1. The Capitola Police Department should create a police blotter that is in compliance with the California Access to Public Records Act and with its own policy in regard to public access to information.
Response: Capitola Police Department DISAGREES.
The Capitola Police Department has a daily
summary report available to the public, which meets the mandates of the
2. The staff should be educated in its own internal policies and procedures and trained to handle requests for information by the public.
Response: Capitola Police Department AGREES.
Training has been completed.
3. The staff should be commended for its courtesy in response to public requests for information.
Response: Capitola Police Department AGREES.
Staff has been commended for handling the Grand Jury inquiry in a courteous fashion.
1. The Santa Cruz County Sheriff’s Department should create a police blotter that is in compliance with the California Access to Public Records Act and with its own policy in regard to public access to information.
Response: Santa Cruz County Sheriff's Office AGREES.
The recommendation requires further analysis. A new policy is being formulated and will be implemented in the upcoming months. A technological solution regarding the creation of a police blotter is being explored via several databases, which currently do not communicate with each other. A test run on our antiquated Tiburon Records Management System will occur by September 6, 2005. The results will be analyzed to determine if a temporary solution can be found pending replacement with a new modernized records management system.
2. The staff should be educated in its own internal policies and procedures and trained to handle requests for information by the public.
Response: Santa Cruz County Sheriff's Office AGREES.
The recommendation has not yet been implemented, but will be implemented in the upcoming months. A policy is being formulated at this time.
3. The staff should make information in the arrest log readily available to the public in a courteous and efficient manner.
Response: Santa Cruz County Sheriff's Office AGREES.
This recommendation has not yet been implemented, but
will be implemented in the near future via training.
1. The Santa Cruz Police Department should create a police blotter that complies with the California Access to Public Records Act and with its own policy in regard to public access to information.
Response: Santa Cruz Police
Department PARTIALLY AGREES.
The recommendation has not yet been
implemented. The Santa Cruz Police
Department has a daily summary report available to the public, which meets the
mandates of the California Access to Public Records Act, and contains that information
referenced in the Grand Jury Report as “police blotter” information. The Santa
Cruz Consolidated Emergency Communications Center is developing enhancements to
the daily summary, or police blotter, for member agencies, which can be
produced and will automatically redact protected and confidential information
from the report. This will be available to the public after staff training,
which is expected to occur in the next 90 days. The “media release cases” are
not meant to replace, nor does it replace, specific requests for public
information under the Public Records Act.
2. The staff should be educated in its own internal policies and procedures and trained to handle requests for information by the public.
Response: Santa Cruz Police
Department AGREES.
The Santa Cruz Police Department staff is
educated and trained on department policy; therefore, this recommendation was
implemented prior to receipt.
3. The staff should be commended for its courtesy in response to public requests for information.
Response: Santa Cruz Police
Department AGREES.
The Santa Cruz Police Department staff has
been commended for handling public requests for information; therefore, this
recommendation has been implemented.
1. The Scotts Valley Police Department should be commended for its compliance to the California Access to Public Records Act.
Response: The City of Scotts Valley DID NOT RESPOND.
No response necessary.
2. The staff should be commended for its courtesy to the public.
Response: The City of Scotts Valley DID NOT RESPOND.
No response necessary.
1. The Watsonville Police Department should create a police blotter that is in compliance with the California Access to Public Records Act and with its own policy in regard to public access to information.
Response:
Watsonville Police Department PARTIALLY AGREES.
Again,
the CPRA does not define “police blotter” nor does it require one be created.
The department and its partners in the SCRMS group are developing a
standardized event log, sometimes called a police blotter, which can be
produced electronically. This log is not a substitute for specific requests for
public information under the CPRA. This project has not yet been implemented,
but will be implemented in the future, with a time frame for implementation.
2. The staff should be commended for its courtesy in response to public requests for information.
Response:
Watsonville Police Department AGREES.
Entity |
Findings |
Recommendations |
Respond Within |
|
Capitola Police Department |
All in pertinent section |
All in pertinent section |
90 Days September 30, 2005 |
|
Santa Cruz County Sheriff’s Department |
All in pertinent section |
All in pertinent section |
60 Days August 30, 2005 |
|
Santa Cruz Police Department |
All in pertinent section |
All in pertinent section |
90 Days September 30, 2005 |
|
Scotts Valley Police Department |
All in pertinent section |
All in pertinent section |
90 Days September 30, 2005 |
|
Watsonville Police Department |
All in pertinent section |
All in pertinent section |
90 Days September 30, 2005 |