HomeMy WebLinkAboutPRR25032 Kendall - Records relating to homeless encampment removal operations (PD Request)
Jan. 16, 2025
Attn: Public Records Act Request Coordinator
San Luis Obispo Police Department
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 for your agency:
● A list of all local ordinances your department 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 citations issued for violating the above ordinances between Jan. 1, 2024 and
the date this request is filled. For each citation, please include:
○ The date
○ The location
○ The ordinance that was allegedly violated
○ The name and date of birth of the person cited
○ Whether the case was prosecuted, and if so, what the outcome was (Did the
subject go to jail? If so, for how long? Did they receive a fine? If so, how much?)
● A list of all arrests issued for violating the above ordinances between Jan. 1, 2024 and
the date this request is filled. For each arrest, please include:
○ The date
○ The location
○ The ordinance that was allegedly violated
○ The name and date of birth of the person arrested
○ How long the person was detained
○ Whether the case was prosecuted, and if so, what the outcome was (Did the
subject go to jail? If so, for how long? Did they receive a fine? If so, how much?)
● Does your department have a team or unit specifically dedicated to interacting with
homeless individuals? If so, please provide the following information:
○ When it was created
○ Its annual budget
○ How many officers are part of that team
○ Whether the team expanded in any way (in terms of budget, personnel, or
anything else) since June 28, 2024
● Please provide a copy of your department’s official encampment management policy, or
whatever policy you have that dictates how encampment sweeps are handled
○ If your department has no such policy but is working on creating one, please
provide the date the policy is expected to go live.
○ Please include your department’s policy that dictates how an encampment is
selected for a sweep (how encampments are prioritized, what criteria an
encampment has to meet to be considered for a sweep, etc.)
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