HomeMy WebLinkAboutPRR18308 Hanson - PRR Clarifications 18260, 18261, 1826211/27/2018
San Luis Obispo City Assistant Attorney
Jon Ansolabehere
Re: Public Records Request Clarifications
Dear Atty. Ansolabehere,
REMVED
NOV 2 9 2018
SLd CITY ATTORNEY
This in reference to your 10/18/2018 response of my PRR numbers 18260, 18261 and 18262.
Regarding item 1: You state that Heather Goodwin from the City Clerk's office notified me
that neither the City nor its third party storage provider was in possession of any Sub Fire audio
files as they had been destroyed. We have been petitioning for copies of these files since the
days following the 12/26/2015 fire. These files should not have been destroyed as we had an
open request for them long prior to the mandatory destruction date. We were cited that the
request for these files was awaiting the completion of the Sub Fire SLOFD report. Upon asking
for the files numerous times we were informed of their destruction rather than releasing the
information.
Regarding item 2: The City states that it does not have any Records destruction forms
pertaining to the Sub Fire. It is a mandate, as I have shown, that city records must be signed off
by both the City Attorney and the City Clerk. Please provide those signatures and appropriate
copies of the Destruction Authorization Forms as I could not find any mention of The Sub or
SLOFD records being destroyed in the email response from the City.
Regarding item 3: Please provide the qualifications and training for SLOFD EMTs. Please
provide the ambulance experience of current SLOFD EMTs prior to being hired and the
number of current SLOFD EMTs with no prior ambulance experience. I am seeking to find out
how trained our SLOFD EMTs are for their duty performance. Please provide the written
policy for the minimum requirements to be a paramedic/EMT for the SLOFD.
I do not believe that your review of this matter has complied with any requests of this
information via California PRR. Please verify these PRRs. The items requested should have a
strong paper trail of existing, or of the information being destroyed.
Thank you
Raymond Hanson
rhansonOsdrs.biz
805-704-8106
City Attomey's Office
990 Palm Street, San Luis Obispo. CA 93401-3249
805, 781,7140
aiocit`y orq
October 18, 2018
Via E-Mail to rhanson@sdrs.biz
Raymond Hanson
Sub Corporation, Inc.
3960 S. Higuera St # 213
San Luis Obispo, CA 93401
RE: Public Records Act Request
Dear Mr. Hanson,
I have been asked to respond to three of your four Public Records Act ("PRA")
requests the City received on October 9, 2018 wherein you asked the following:
1. "Please provide all the information from the 911 calls relating from the
1212512015 Sub Fire. Please also provide all radio transmissions during the times
of 10:00 am to 11:59 pm on 1212512015. Please reference the attached copy of
"Black Panther Party vs Kehoe."
2. "Please provide the `Request for records Destruction Form' for all files written,
audio ' and digital pertaining to the 1212512015 Sub Fire. We have had prior
requests for these forms on PRRI8057 and PRR185081 (see attached). We were
informed that there were no chain of custody files on hand. On 0412112001 the
SLO city Council mandated all records for destruction be approved by the city
attorney and recorded by the City Clerk (see attached Resolution No. 9174). This
mandate was reaffirmed by the city council in 2015. The City statute specifies the
minimum time all records must be maintained. This statute does not authorize for
(sic) any `auto destruction' without the prior approval of the city attorney. As I
have had many requests in the past since 1212512015 for files and recordings of'
the Sub fire this information should have be (sic) exempt from destruction."
3. "Please provide all San Luis Obispo Fire Department EMTs (sic) employment
records prior to being hired by the City of San Luis Obispo Fire Dept. In the spirit
of privacy all ages, address and personal information of EMTs may be redacted.
Please provide the ambulance experience of EMTs prior to being hired and the
current number of EMTs with no prior ambulance experience. Please reference
the attached Braun vs. City of Taft and "City of Jose v. Ted Smith."
1 Please reference PRR18058 instead of PRR18508.
Regarding Item 1 above, on September 4, 2018, Heather Goodwin from the City
Clerk's office notified you via e-mail that neither the City nor its third -party storage provider
was in possession of any audio records, including 911 calls, for the Sub fire. A copy of that e-
mail and records destruction request is attached for your reference.
Regarding Item 2, the City does not have any records destruction forms which
specifically identify the Sub fire in the document destruction part of the form. Regarding, the
automatic deletion of certain radio records, see response to Item 1 above.
Regarding Item 3, it is unclear what you mean by "all ...EMTs (sic) employment
records prior to being hired by the City..." Taken literally, you are asking for employment
records for before the employee was ever an employee. I don't think this what you mean.
Please clarify if you are seeking application materials, resumes, cover letters, etc. which would
be included in each employee's personnel file. Once we understand the precise records being
sought, then we can evaluate them to determine if they are exempt from disclosure per
Government Code § 6254(c).
Based on my review of this matter, the City has fully complied with all of your requests
as required under the PRA. Please let me know if you have any questions or comments. Thank
YOU.
Sille ely,
zbiiAnsolabehere
/Assistant City Attorney
Cc: Teresa Purrington, City Clerk
Roger Maggio, Fire Marshall