HomeMy WebLinkAboutPRR25031 Kendall - Records relating to homeless encampment removal operations (Atty's Office Request)
Jan. 16, 2025
Attn: Public Records Act Request Coordinator
To Whom It May Concern:
This is a request for government records made under the right of access granted by the
Constitution of the State of California as amended by the passage of Prop 59 on Nov. 3, 2004,
as well as the provisions of the California Public Records Act, California Government Code
§6251, with emphasis on the requirements of 6253.1.
I am writing to request records and information related to homeless encampment removal
operations (a.k.a. sweeps) in your jurisdiction. Please provide the following information from
your office:
● A list of all local ordinances your jurisdiction uses to address homeless encampments,
including (if applicable) sit-lie ordinances, anti-loitering ordinances, anti-trespassing
ordinances, ordinances that prohibit all encampments or encampments in specific
locations, ordinances that regulate encampments, etc.
● A list of all cases submitted to your office for prosecution for the alleged violation of the
above ordinances between Jan. 1, 2024 and the date this request is filled. For each
case, please include:
○ Whether your office pursued prosecuting the case
■ If not, please list the reason why not
○ Whether the subject appeared for their court date
○ The date and location of the alleged violation
○ The ordinance that was allegedly violated
○ The name and date of birth of the person who allegedly committed the violation
○ The outcome of the case, including: Whether the case went to trial, whether the
subject went to jail (if so, for how long), whether the subject was sentenced to
pay a fine (if so, how much), whether the subject participated in a diversion
program, etc.
Ideally, you’ll be able to provide a simple spreadsheet with the above requested information. I
do, however, realize you are not required to create a record if one does not exist. Therefore if
you are unable to provide a simple spreadsheet of cases, please provide whatever information
does exist that would contain the requested information including but not limited to copies of
complaints and indictments.
Please also provide information/documents to address the following additional information:
● Whether your department has a team or unit specifically dedicated to interacting with
homeless individuals. If so, please provide the following information:
○ When it was created
○ The annual budget
○ How many people are part of the team
○ Whether the team expanded in any way (in terms of budget, personnel, or
anything else) since June 28, 2024
○ The amount your office spent prosecuting cases involving alleged violations of
ordinances targeting homeless individuals between Jan. 1, 2024 and June 28,
2024, and the amount it spent between June 29, 2024 and Dec. 31, 2024
I realize that you may not track the data I am requesting in exactly the manner that I am
requesting it. If that is the case, please provide whatever documentation you have that will allow
me to ascertain as closely as possible the information I am asking for. Please feel free to
contact me to discuss alternatives that may help expedite this request.
If possible, please provide the requested information in an electronic format. I am a reporter for
CalMatters and this request is in the routine course of newsgathering. I am seeking a fee waiver
for this request as a working journalist serving the public interest by providing insight into a
subject of high importance and interest.
If you contend that any portion of the records requested is exempt from disclosure by express
provisions of law, Government Code § 6253(a) requires segregation and redaction of that
material in order that the remainder of the records may be released. If you contend that any
express provision of law exists to exempt from disclosure all or a portion of the records I have
requested, Government Code § 6253(c) requires that you notify me of the reasons for the
determination not later than 10 days from your receipt of this request. Government Code §§
6253(d) & 6255(b) require that any response to this request that includes a determination that
the request is denied, in whole or in part, must be in writing and include the name and title of the
person(s) responsible for this response.
Additionally, Government Code § 6253(d) prohibits the use of the 10-day period, or any
provisions of the CPRA or any other law, “to delay access for purposes of inspecting public
records.” In responding to this request, please keep in mind that Article 1, § 3(b)(2) of the
California Constitution expressly requires you to broadly construe all provisions that further the
public’s right of access, and to apply any limitations on access as narrowly as possible.
If I can provide any clarification to expedite this request, please contact me at
marisa@calmatters.org or 510-424-369, pursuant to Government Code § 6253.1. I ask that you
notify me of any administrative costs exceeding $50.
Thank you for your timely attention to this matter.
Marisa Kendall