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HomeMy WebLinkAboutPRR23131 Wilson - Sexual Misconduct Subject:The Tribune Public Records Request 4/28 Dear Tera, Pursuant to my rights under the California Public Records Act (Government Code Section 6250 et seq.), I am requesting the following information: — A police report from 2022 filed by the Fremont Theatre Entertainment Group with the San Luis Obispo Police Department concerning employee Kevin Holmes for alleged sexual misconduct with a 15-year-old employee — Any investigation records concerning sexual misconduct from Fremont Theatre in 2022 I am a representative of the news media as a reporter with Mustang News. This request is made as part of news gathering and not for commercial use. I am requesting the records in electronic form as I am sure that the records you hold are in electronic form. As you know, agencies may only charge the actual costs of duplication of requested records. If you determine that any or all of the records I’m looking to obtain will incur a charge, I ask you to note whether it is necessary in this case to charge for records that are requested. I also ask for a signed notification citing the legal authorities on which you rely if you determine that any or all of the information is to be charged for. If there are any charges for the records I’m looking to obtain, I ask for that to be communicated to me before you secure the documents I’m requesting. Furthermore, if there are any charges for the records I’m looking to obtain, I ask for those charges to be waived. I ask that these records be given to me as digital files emailed to me at ewilson@thetribunenews.com. I also request any database-related information to be sent to me electronically in .csv file format. If you determine that any or all of the information qualifies for an exemption from disclosure, I 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 determine that some but not all of the information is exempt from disclosure and that you intend to withhold it, I ask that you redact it for the time being and make the rest available as requested. In any event, please provide a signed notification citing the legal authorities on which you rely if you determine that any or all of the information is exempt and will not be disclosed. I ask for a determination on this request within 10 days of your receipt of it, and an even 1 prompter reply if you can make that determination without having to review the records in question. Please contact me with any questions at ewilson@thetribunenews.com. Sincerely, Elizabeth Wilson Reporting Intern, San Luis Obispo Tribune 2 June 10,2023 RE:Request for Public Records Regarding Oct.24,2022 sexual assault reported at Fremont Theatre Dear Tera: I request the release of records under the California Public Records Act,Gov’t Code §§6250 et seq.,California Penal Code §§832.7-832.8,and Art.I,§3(b)of the California Constitution.I seek copies of all records in your office’s possession, regardless of who created them.Please provide all records from the date of the above-mentioned incident until the date that this request was received. I seek a copy of all records relating to the report,investigation,findings and administrative discipline related to the sexual assault reported at Fremont Theatre on October 24,2022.Records include all investigative reports;photographic,audio,and video evidence;transcripts or recordings of interviews;the transcript of the call made to 911 starting at 7:11 p.m.;all materials compiled and presented for review to the district attorney;and copies of disciplinary records relating to the incident,including any letters of intent to impose discipline.Please redact personally identifiable information as fit. Please respond to this request in ten days,either by providing the requested information or providing a written response setting forth the specific legal authority on which you rely in failing to disclose each requested record,or by specifying a date in the near future to respond to the request.See Cal.Gov’t Code §6255.Pursuant to section 6253,please disclose all reasonably segregable non-exempt information from any portions of records you claim are exempt from disclosure. If any records requested above are available in electronic format,please provide them in an electronic format,as provided in Govt.Code §6253.9.To assist with the prompt release of responsive material,we ask that you make records available to us as you locate them,rather than waiting until all responsive records have been collected and copied. Please send any documents in electronic format to ewilson@thetribunenews.com. Thank you in advance for providing the records we have requested.Please do not hesitate to contact me with any questions regarding this letter. Sincerely, Elizabeth Wilson