Glendale Coalition for Better Governments Submits a Record Request Demand on City of Glendale
The Glendale Coalition for Better Government (hereinafter the GCBG) is a non-profit corporation registered with the state of California. Pursuant to its rights under the California Public Records Act (Government Code Section 6250 et seq.), the GCBG hereby requests to obtain a copy of the documents related to the event described below, which it believes to exist and is in the custody of your agency:
On December 1, 2015, the Glendale City Police Department conducted an oral interview of candidates to fill the vacancy for the position of Police Captain in the Glendale City Police Department. To conduct this examination, the police department assembled a panel of qualified individuals. The GCBG has identified the individuals of this panel to be:
1. Chief Sam Gonzalez, Chief of Police Azuza Police Department
2. Chief Kim Raney, Chief of Police Covina Police Department
3. Chief Mark Matsuda, Chief of Police Torrance Police Department
4. Chief John J. Neu, Chief of the Los Angeles County District Attorney’s Bureau of Investigation
Hereinafter collectively identified as “Panel Members” .
The GCBG requests all documents from the Glendale Police Chief, Robert M. Castro, or any other person from the Glendale City Police Department, sent or received to and from any “Panel Member” conducting the December 1, 2015, oral interview as identified above.
The documents are also to include any document that would be directed to persons that would normally receive correspondence on behalf of above individuals such as, but not limited to, assistants or secretaries that might maintain the calendar or business affairs of such Panel Member.
The documents are also to include any replies from Panel Members or their assistants.
We are requesting the documents covering the time period from September 1, 2015, through December 31, 2015.
The documents requested is to any and all above indicated persons relating to The Event but not limited to the interview to be conducted, the selection process, the qualification of the candidates, expressions of opinion or recommendation regarding any particular candidate, and the identification of any of the candidates. All documents relating to the oral examination for the Police Captain position in the city of Glendale that was conducted on December 1, 2015.
Finally on December 9, 2015, during the civil service commission meeting, Director of Human Resources, Mr. Matt Doyle, stated that there was an improper communication between Chief Castor and some or all panel members which caused his decision to cancel the examination. Request is also hereby made to produce any documents with regards to the improper communication stated by Mr. Matt Doyle.
We ask for a determination on this request within 10 days of your receipt of it, and an even earlier reply if you can make that determination without having to review the record(s) in question.
Government Code Section 6255, subdivision (a), provides: “The agency shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of this chapter or that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.” Gov. Code § 6255(a); see also San Diego County Emp. Retirement Ass’n, 2011 WL 2535585, (holding that the burden of proof is on the proponent of nondisclosure to demonstrate a clear overbalance on the side of confidentiality.) “Moreover, if only part of a record is exempt, the agency is required to produce the remainder, if segregable. (§ 6253, subd. (a).)” County of Santa Clara, 170 Cal. App. 4th at 1321.
If you determine that any or all or the information qualifies for an exemption from disclosure, we ask you to note whether, as is normally the case under the Act, the exemption is discretionary, and if so whether it is necessary in this case to exercise your discretion to withhold the information.
If you nonetheless determine that the requested records are subject to a still-valid exemption, we would further request that with respect to records containing both exempt and non-exempt content; you redact the exempt content and disclose the rest.
The Glendale Coalition for Better Government is an organization dedicated to advocating for sustainable, responsible and transparent government in the City of Glendale CA. The GCBG is investigating the events that lead to the cancellation of the oral examination conducted on December 1, 2015. The GCBG seeks to discover if any improper action has occurred in the process of examination, promotion, and hiring of peace officers in violation of the civil service rules and procedures. The purpose of this investigation is to insure and protect the legal rights of peace officers who serve the city of Glendale and deserve a fair, impartial, and equal process for the promotion and advancement of their careers as prescribed by law in their service for Glendale.
Should any costs be involved in the coping and or delivery of said documents, please contact the undersigned for prompt and immediate payment.
1. The term “Person” and/or “Persons” as used herein means a “member of the public”, “State Agency”, and “Public agency” as those terms are defined in State of California Statutes and Administrative Codes, Government Code §6250, et. seq., and related sections respectively, and of its respective predecessors, successors, shareholders, officers, directors employees, agents, representatives, assigns or person action or purporting to on his/her behalf and attorneys.
2. The term “documents” and/or “document” as used herein means all “writings”, “originals”, and “duplicates” as those terms are defined in Government Code Section §6252, respectively. Every kind, source, authorship, both originals and/or non-identical copies thereof, in agency possession, custody or control, or known by the agency to exist, irrespective of whether the document is one intended for or transmitted internally by the agency, or intended for or transmitted to any other person or entity, including, without limiting any government agency, department, administrative entity, personnel, or employee. The foregoing, these terms include any and all typed, duplicated, handwritten or combination thereof, authored or used, hand-writings, typewritten, printed, photo stated, photographed, or any means of recording upon any form, printed, pictorial, magnetic or paper tapes, photographic films or prints, magnetic or punched cards, discs, drums, or graphic matter, however, produced or reproduced, of every kind or description or communication, preserved and communicated in some manner-verbal or nonverbal, qualitative or quantitative information, mediated by any technology, including but not limited to: records, letters, correspondence, telegrams, telexes, accounting, notes of any type, minutes of any meeting memorandum, intra-office and inter-office communications, reports, written analyses, contracts, modifications, of such contracts, licenses, agreements, schedules, work papers, summaries, interviews, telephone conversations, affidavits, printed matter (including published books, articles, speeches, and newspaper clippings, press releases, charts, drawings, specifications, parts lists, evaluations, advice, recommendations, commentaries, conclusions, studies, testing, data, reports and results, ledgers, books of account, vouchers, bank checks, invoices, charge slips, receipts, digest, analysis, communications, broadcasts, working papers, statistical records, cost sheets, stenographer’s notebooks, transcriptions, desk calendars, appointment books, diaries, time sheets or logs telephone logs, maps, illustrations, diagrams, photographs, tape recordings, movies, films, transcriptions, videotapes, electronic or magnetic recordings, computer data, including but not limited to punch cards, magnetic tapes and printouts, job and transaction files, books, notes or recordings of any conversations, or anything similar to any of the foregoing, however denominated, as well as all copies, duplicates, and drafts of the foregoing and including any electronic communication(s).
Thank You for your courtesy and cooperation in this matter.