California Public Records Act Request Oakland

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November 20, 2013

Re: Public Records Act Request

Dear Public Records Liaison: I am writing on behalf of the Stanford Law School International Human Rights and Conflict Resolution Clinic to request copies of the following records pursuant to the California Public Records Act. Govt. Code §§ 6250 et seq. Records containing any settlement or other agreement entered into from January 1, 2003 to the present, between the City of Oakland and plaintiffs alleging police misconduct or police abuse; AND records of any claim or lawsuit against the City of Oakland from January 1, 2003 to the present where the City compensated plaintiffs alleging police misconduct or police abuse. The Act includes “any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.” Govt. Code § 6252(e). If the records include any information which is exempt from disclosure, the records must still be provided though the exempted information may be redacted. Govt. Code § 6253(a). California courts have consistently held that settlement agreements are subject to disclosure. See, e.g., Register Div. of Freedom Newspapers, Inc. v. County of Orange, 158 Cal. App. 3d 893, 909 (1984). “[T]he public interest in finding out how decisions to spend public funds are formulated and in insuring governmental processes remain open and subject to public scrutiny” outweighs any concern in maintaining secrecy of settlement agreements. Id. This holds true even if the City made assurances to the parties to the agreement that the information would remain confidential. Id. Such assurances “are inadequate to transform what was a public record into a private one.” Id.; see also San Gabriel Tribune v. Superior Court, 143 Cal. App. 3d 762, 776 (1983) (“[A]ssurances of confidentiality are insufficient in themselves to justify withholding pertinent public information from the public.”).

The California Public Records Act provides 10 days for you to respond to this request. Govt. Code § 6253. Since we would like to view the records as soon as possible, we would appreciate if you would please copy the records requested above and send them to me via electronic copy, or if that is not possible, permit us to view them in person. We are an academic institution and will use this information for scholarly purposes, so we respectfully request a waiver of any fees. However, if necessary, we will pay the required “fees covering direct costs of duplication” and any statutory fees. Govt. Code § 6253(b). We would like this information as soon as possible, so if you have any questions regarding this request, please do not hesitate to call me at +1.650.725.1797 or email me at [email protected]. Thank you for your attention. Sincerely,

Stephan Sonnenberg
Clinical Lecturer, International Human Rights & Conflict Resolution Clinic Stanford Law School

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