HomeMy WebLinkAboutPRR19268 Muckrock - Christopher Olcott records,019-06-03 04:09 -04:00 California Public Records Act Request: Christ
San Luis Obispo City Clerk] n
�ur�
PRA Office
990 Palm Street j\
San Luis Obispo, CA 93401
June 3, 2019
RE: Christopher Olcott
City Clerk & Custodian of Records,
15034867909 PAGE 1,
RECEIVED
JUN 03 2019
SLO CITY CLERK
Please see the attached California Public Records Act request directed to the
City. You have 10 days to respond.
Responses should be by email to the address in the footer. Records may be
provided as attachments, or directly uploaded to MuckRock.com if too large
(email us to find out how to do so).
*** Note that every response (whether mailed, emailed, or uploaded, and
including all responsive records) you send may be automatically and immediately
visible to the general public on the MuckRock.com internet service used to issue
this request. Please be certain all appropriate redactions have been made prior
to sending records. ***
Thanks,
Anonymous
Filed via MuckRock.com
E-mail (Preferred): 74670-04839724@requests.muckrock.com
For mailed responses, please address (see note):
MuckRock News
DEPT MR 74670
411A Highland Ave
Somerville, MA 02144-2516
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being
sent through MuckRock by the above in order to better track, share, and manage
public records requests. Also note that improperly addressed (i.e., with the
requester's name rather than "MuckRock News" and the department number) requests
might be returned as undeliverable.
;019-06-03 04:09 -04:00 California Public Records Act Request: Christ
RE: G'alil'orwia Public: Records Act !Request -- Ref# ZA05-923081;-0I
2019-06-03 �ZXO,5-923085-01
15034867909 PAGE 2e
Please provide the following public records pursuant to the California. Public Records Act (the.
"Act"), any Sunshine ordinances that apply to your jurisdiction, and Article I of the California,
Constitution, If the recipient cannot address this request, please forward it to the: appropriate
official or staff Member. "You" and `your;" refer to each of the ono. or more requeste.e public
agencies; and not meroly the individual recipient or muni :aer, agent, officer, or e..mployec of the,
public agency. "Including" means "including but not llrnited to." lVe reserve all of our rights under
the Act and other applicable law.
I'lease be certain all responses are; properly redacted. I am not a representative of MuckR,ock,
(The a.g;ency ies addressed in the cover ernaile/faxjletter trantimilting this request)
An a,nonyrnous member of the public°.. Who may be contacted only via enla.il
Your determination and reply to this request. (or notice of 14 -clay extension), including estimated
date of recoI'd availability.. is expected within 10 calendar days. (Gov't Code see. 6253(c))
'Since Act requests are not even required to be in writing ("The California Public Records Act plainly does not require
a written request." Los Angeles Times v. Alameda Corrido+' Transp. Auth. (2001) 88 Cal.App.4th 1381, 1392.) and
may not be distinguished by the purpose of the request (Gov't Code sec. 6257.5), 1 choose not to use any forms you
may have made available for Act requests nor will I identify myself nor provide contact information other than e-mail
address. I will not use any private entity's contracted public records website if doing so would require agreement to
1 of 5
15
'019-06-03 04:09 -04:00 California Public Records Act Request: Christ 15034867909 PAGE 3e
als
RL': California Public Records Act Request --- Rejd ZX05-91.908. -01
The checked items below are incorporated into our request:
Z Pleaso waive fees if possiblo.
Provide us only those copies of records available:
without auv fees
For all copies that worild incur greater fees, please instead provide the (free) Statutorily-
regtlirecl d0te1'Tl1irlati01l of whicli records axe available for in-person inspoetiorl, if we So
choose, and an estimate for copying.
9 C."oIltact 118 pI'ioI' to peI'forming any s(rvic.c.g I'equirinig fess.
Please assist in identifying and locating responsive records and overcoming objections
to their disclosure (Gov't Code sec. 6253.](x)).
Wr Under City (f San Jose v. Superior Court (2017), search personal email and mobile
accounts and devices for requested records, as appropriate.
V Include all olta.6111lcnt.s, exhibits, appendices, aild images, in and to all .responsive
records.
L1CJ Perform a diligent, seaI'ch for respor181ve I'ecords and examine thein before, determining
they are exempt, as you may find that responsive records slave, Segregatable, disclosable
portions that you Inust disclose (Gov't Code sec, 6253(a)) which cannot be determined
unless you actually search for records.
If you waived exemptions by prior disclosure to other members of the public (Gov't
Code sec. 6254.5), we request you clo not withhold that record or portion frons us either.
❑ Immcdirltc disclosuro is requested under 'your local sunshine ordinance.
Pl[vwe provide recclrcls in rollbig or as they are ready.
❑ This is a. written extension of tho 10-(1ay respousc ((!!Mille by ars a.ddi6ioual 0 (lays.
El This is a v>rittcri extension of the 14 --day extension period 1y an additional 0 clays.
2 of 5
1019-06-03 04:09 -04:00 California Public Records Act Request: Christ 15034867909 PAGE 4v
315
RL': C.alij''ornia Public: Records Act Request - Ref,1 ZX05-91a08•:;-01
Please provide records- in:
electronic format (Gov't. Code sec,. 6253.9(x,)), via e.-ina.il attachments
❑ electronic format (Govt Code sec. 6253.9(a)), on C S13/DVD 'CD via mail
❑ paper format, via. mail
If you have I'esponslve. e-inail I'ecoI'ds in .insg oI' .eml formats, please pI'ovide, a lossless
copy of that record in that original format, or in another format that fully preserves all
c-ina.il Ilca.ders and other Incta.dat•a. (Gov't Code 6253.9(a)(1).). If you instead, for cxaulple,
print the email to PDF format, we will lose valuable data associated with the record, and
Wil will r►.oi, Iiave pr(wldl xl. w,% complete copy of the public: record.
If a. mTord is available on S our public website, a UR -L is preferable, to duplication.
Cite statutory authority for all records wit, tcheld/redacted. Inform us of any appeal
procedures if any records are: withheld/redacted.
The following are each distinct )ltd separate requests. If you object to or gleed clarification on a
subset of these requests, you moist still respond to the remaining requests in the legally required
arliount of time.
Electronic copies. via, email, of all records prepared, owned, used, or retained by each agency (see
attached Important. Notes for clarificxtlorls) of:
Rl. a. full copy of this request in the form your agency received it
R2. all complaints filet] regarding the. behavior raf Cilri s,■'Chri ctoplict Olcot# he "Subject")
R3. all claims filed against the City that mention t1w Subjcct,
R.4. every public; records request nliule by any other member of public,: roedia. rnentionincg the
Subject AND every response (including all responsive records). If you have provided it
to other lltcinbers of the public, we expect you to provide it to us as well (Gov't Code.
sec. 625=1.5).
R.5. all press releases or stat.enlents I'e:ga,rding the Subject, OR the widely repoI'ted' Inisde.Ineanor
battery with great bodily injury that: tho Snbjcct. pled guilty to (t.lw "Incident"), OR: the
case: People v Olcott (the "Criminal Case")
R6. every e-mail/SMS j text,/MMS instant %chat, message to or from the City Manager mentioning
the Subject, the incident, the Criminal Case, or the City's investigation of the Subject/I116-
dent ("Investigation"). between April 1, 2016 and the date of receipt of this request (inclusive)
using the. Full Query defined below. eVe. would like the following case -insensitive search query
in the subject, body, or attachments of the entails (the "Full Query,"): "Olcott" OR "assault"
013, "battery" 011 "appalling" Olt. "bar fight" OIl "Olcutt" 011. "111r. Ricks" Olt. "Mr. Rick"
3 of 5
1019-06-03 04:09 -04:00 California Public Records Act Request: Christ 15034867909 PAGE 5,
E: California F'iLbl'E L' Records it rt Request -- IieJ; ZX11,;-Jl.s'08c�-01
OR. "Mr. Ricks" OR "Chavez" OR "McCorinack" OR. "McCorinick" OR, "Funke-Bilu" OR
''Funke" OR. "Avila Beach bar" OR. "drunk" OR. "surveillance" OR. "Mexican)'. Include all
att•achruent,s and Tina-cs. and include. all other cinalls in the threads of responsive cinails (i.e.
every reply or forward to every re9ponsive entail Is also a respoIlsive elnail to this re(luest•).
R.7. every e-iilaili"SMS/text;'A-I1 s .,instant• %chat message to or from the Subject's city -provided
��. cnla.il or phone accounts incntioning the Tncidcnt, the, Criminal Casc, or the. Itivostiga.tion,
between April 1. 2016 and the elate of receipt of this request (inclusive) Using the Lim-
ited Query defined below. \•'A."e would like the following case -insensitive search query in the
Subject, body, or attachments of the messages (tile "Limited (.query'): "fight" OR. "felony"
OR "1riis.denleanor" "iiSSa,Lilt" OR, "battery" OR, "Mr. Ricks" OR, "Mr. Rick" OR "Mr.
R.ickV' OR. "Chavez" OR "McCormack" OR "McCormick" OR: "Funke-Bilu" OR "Funke"
OR, "Avila Beach Isar" 013. "punch" OR "elbow" 013. "administrative leave" OR "fired" OR
"surveillance" OR "Mexican" 013. "drunk". Inchide all attachintents and iniages, and include
all other messages in the threads of responsive ernails (i.e. every reply oI' forward to eveI'y
1'08l)01ASiVC 111CS.S J.gO 15 iilso a respoIlsive inessago to this rc(luest).
R8. every 1ricidmit report, lnvostlgat'1ve report, aftor-C.iCtlon roport, at't'est report or similar the
City has regarding the. Incident or Criminal Case.
R.9. every document or piece: of evidence provided by the. Subject to the City in the Investigation
R.10. all surveillance videos the City has regarding the Incident
R11. all body -cam footage the City has regarding the Incident .0>
R12. every e-niail message to or from any City- employee including the Incident surveillance video
or n. link to the surveillance video (search bet-woen :April 1, 201.6 and the da.tc of receipt of this
request (inclusive)] , which includes any internal copies of the video AND ALSO includes,
but is not limited to, any variation (with or without http/https, www, etc.) of ally of
these uI'ls: yUutul)C`.colii,'watch?v=xbV8_dL.jrx(Z , youtube.colll/watcli'?v=7Iii-DlUmrMbuA
yout•ube.coirl; wa,t•ch?v IJpekHFvtJ-g i youtube.rant'watcll?v nS7stlYvkAo. .Include all
attachments and images, and include all other mossabcs in the threads of responsive cinails
(i.e. every reply of forward to every responsive, message is also a responsive, message, to this
recluest) .
R 13. every message received by the City froin incinbers of the. public regarding ding, the Incident of
punishing or investigating the: Subject search between April 1; 2016 and the date of receipt of
this re(lucst (inclusive)] . Include all atu)chlrtonts and 1lnages, and inchide all other I11essa,gos
in the threads of responsive entails (i.e. every reply or forward to every responsive message
is also a responsive inessage to this request).
1114. every- inessal;e received by the City from Carnile Chaves [search between April 11 2016 arid.
the date of receipt of this request (inclusive..)] . Include all at.tachmeIlts and imagE.s, and
include, all other messages In the threads of responsive. emalls (i.e. every reply or forward to
every responsive inessahc is Also a responsive inessa.ge to this request).
4of5
1019-06-03 04:09 -04:00 California Public Records Act Request: Christ
RL': California Public Records Act Request -- RrM ZX05-92308ci-01
15034867909 PAGE 6,
5/5
R.15. every Inessage reccivec] by the City from Isaaae A1eC;orrna.ek [search between April 1, 201.6
and the date of receipt of this request (inclusive)] . Inc:lude all attachments and images. and
include all other ralessages in the threads of responsive erna.ils (Le, every reply- or liOravard to
every responsive rrlossage is also it, responsive mrssa.gc to this re(luest).
16, every Inessage received by the City froin any Ineinber of the jury in People v Olcott (search
between April 1. 2016 and the date of receipt of this request (inclusive)] , Include all at-
tachments and ianages, and include all other Inessage5 in the threads of responsive cinails
(Le. every reply or forward to every responsive, message Is also a responsive niessage to this
reque8 t ).
R.17. the Full disciplinary record of the Subject -
All of your responses; including a.ny disc.losc..d records; secret: URLs or file share passwords, lna•y be
automatically, instantly, and publicly viewable via the nivackrock.com Internet service used to issue
this request.
Ohttps://www.sanluisobispo.com/opinion/editorials/article229719054.html,
https://calcoastnews.com/2019/04/slo-city-employee-guilty-of-random-assault-video/.
https://www.sanluisobispo.com/news/local/crime/article229342554.html,
https://ksby.com/news/local-news/2019/04/23/slo-city-manager-calls-actions-during-bar-fight-by-city- mployee-appalli
https://ksby.com/news/local-news/2019/04/18/city-of-san-luis-obispo-responds-to-employee-involved-in bar -assault,
https://ksby.com/news/local-news/2019/04/17/slo-city-employee-on-paid-leave-3-years-after-bar-assaul,
https://www.foxnews.com/us/california-city-employee-placed-on-leave-for-knocmking-out-woman-three-ye s -ago
5of5
1
Christian, Kevin
To:74670-04839724@requests.muckrock.com
Subject:RE: California Public Records Act Request: Christopher Olcott (SLO)
From: 74670‐04839724@requests.muckrock.com <74670‐04839724@requests.muckrock.com>
Sent: Wednesday, June 26, 2019 8:45 AM
To: White, Kelly <kwhite@slocity.org>
Cc: CityClerk <CityClerk@slocity.org>; Dietrick, Christine <cdietric@slocity.org>
Subject: RE: California Public Records Act Request: Christopher Olcott (SLO)
San Luis Obispo City Clerk
PRA Office
990 Palm Street
San Luis Obispo, CA 93401
June 26, 2019
This is a follow up to a previous request:
R20 was intended to cover check registers or line items in your accounting system in the case you asserted privilege over
the invoice amounts in R19. However, since you have not done so, R20 is withdrawn.
Thanks!
*** Note this is a public mailbox: every response (whether mailed, emailed, or uploaded, and including all responsive
records) you send will be automatically and immediately published to the general public on the MuckRock.com internet
service used to issue this request. Please be certain all appropriate redactions have been made prior to sending records.
***
Filed via MuckRock.com
E‐mail (Preferred): 74670‐04839724@requests.muckrock.com
Upload documents directly:
https://accounts.muckrock.com/accounts/login/?next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F
%3Fnext%3D%252Faccounts%252Fagency_login%252Fsan‐luis‐obispo‐10638%252Fchristopher‐olcott‐slo‐
74670%252F%253Femail%253Dkwhite%252540slocity.org&url_auth_token=AAAxLzUiVo672WiUAuJIVi6yyko%3A1hgA6
R%3AjNtVPmglWcDv0N4Lyf9nob1YY14
Is this email coming to the wrong contact? Something else wrong? Use the above link to let us know.
For mailed responses, please address (see note):
MuckRock News
DEPT MR 74670
411A Highland Ave
Somerville, MA 02144‐2516
2
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in
order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the
requester's name rather than "MuckRock News" and the department number) requests might be returned as
undeliverable.
‐‐‐
On June 26, 2019:
Subject: RE: California Public Records Act Request: Christopher Olcott (SLO)
Good Morning,
For R18 I will run the additional search and produce any non‐exempt records.
For R19 I have posted<http://opengov.slocity.org/weblink/1/fol/94865/Row1.aspx> the redacted invoices for the work
of firm Hanley & Fleishman on the Olcott investigation. I will run a search for any additional communications.
For R20, please clarify what you are asking for that is different from the invoices.
Kelly White
Legal Assistant/Paralegal
City Attorney's Office
E kwhite@slocity.org
‐‐‐
On June 25, 2019:
Subject: RE: California Public Records Act Request: Christopher Olcott (SLO)
*** Note this is a public mailbox: every response (whether mailed, emailed, or uploaded, and including all responsive
records) you send will be automatically and immediately published to the general public on the MuckRock.com internet
service used to issue this request. Please be certain all appropriate redactions have been made prior to sending records.
***
I will be adding some follow‐up requests:
R18. All emails to, from, cc, or bcc, <Dietrick, Christine> with any of the words: Olcott or Olcutt or Chavez or McCormack
or McCormick or Funke‐Bilu or Funke or Bilu [dates: April 1, 2016 to June 25, 2019]. I understand she is the City's
attorney. However, not all of her records are automatically exempt as A/C privileged or as work‐product. Please provide
justification for any records withheld. You have an obligation under CPRA (Govt Code 6253(a)) to provide all non‐exempt
portions of records that may be reasonably segregated from purportedly exempt portions.
R19. All letters, invoices, bills, receipts, statements of work to/from the firm(s) performing the City investigation of
Olcott. I understand the firm(s) may be attorneys. However, not all of their records are automatically exempt as A/C
privileged or as work‐product. Please provide justification for any records withheld. You have an obligation under CPRA
(Govt Code 6253(a)) to provide all non‐exempt portions of records that may be reasonably segregated from purportedly
exempt portions.
R20. All accounting entries/forms/checks showing payments to or debts owed to the firm(s) performing the City
investigation of Olcott.
In both R19 and R20, you only need concern yourself with records relating to those firms' investigation of Olcott ‐ not
their other work for the City (if that is the case).
3
All "Important Notes" (re fees and search methods, etc.) from my June 3 original request
[https://cdn.muckrock.com/foia_files/2019/06/13/PRR19268_Muckrock_‐_Chrisopher_Olcott_records.pdf] are
incorporated by reference for these follow‐ups.
You have 10 days from today to respond to these follow‐ups.
Thanks,
Anonymous
‐‐‐