Online Sheriff’s Blotter
Q: The County Sheriff Department maintains a website that contains a sheriff’s blotter of recent calls and related arrests by community. When I first started using this website to track crime in my community, the information about arrests included the charges filed, felony status, jurisdiction
issuing warrants, etc. That information was removed about 18 months ago and replaced with this statement:
“Due to security concerns, we have discontinued posting detailed inmate information on this website. Information required to be disclosed under Government Code section 6254(f)(1) of the California Public Records Act may be obtained by calling Inmate Records at (714)
647-4666.”
At the time I complained about this, since it was much slower than seeing the information on the website, and it wasted tax dollars by having a manual process replace an automated process. However, it stayed this way.
Then, yesterday (June 29) I was told that they are no longer giving out information about charges filed except to family members. I feel this is a violation of PRA requirements and would like to know what the next step is get the policy changed back. In fact, I would like these changes rolled all the way back to having the information on the website – that’s the more efficient way to get information to the public.
A: Although California’s Public Records Act requires state and local agencies to provide access to most records created, used, or maintained by the agencies, there are broad exemptions for records related to law enforcement. Govt. Code Section 6254(f) (see below).
But this section of the PRA provides that “state and local law enforcement agencies shall make public the following information, except to the extent that disclosure of a particular item of information would endanger the safety of a person involved in an investigation or would endanger the successful completion of the investigation or a related investigation: (1) The full name, current address, and occupation of every individual arrested by the agency, the individual’s physical description including date of birth, color of eyes and hair, sex, height and weight, the time and date of arrest, the time and date of booking, the location of the arrest, the factual circumstances surrounding the arrest, the amount of bail set, the time and manner of release or the location where the individual is currently being held, and all charges the individual is being held upon, including any outstanding warrants from other jurisdictions and parole or probation holds.” Id. (emphasis added).
Accordingly, there does not seem to be any basis for withholding the charges on which an individual is being held from any member of the public in the absence of a specific showing as to why disclosure of the information would endanger the safety of someone involved with the investigation or the successful completion of the investigation. Where information must be disclosed under the PRA, it must be disclosed to any member of the public — not just selected individuals (e.g., arrestee’s family members).
As for whether the Department must post the information on its web site, Section 6253.9 does require that an agency that holds records in an electronic format must make the records available in that format if a member of the public so requests. I am now aware of any authority requiring that an agency post information on its web site simply because it has the capability to do so. To the extent that providing information on the web site would be more efficient and ultimately less costly for taxpayers, as you argue, the Department might be persuaded by such an argument or political pressure based on this argument might be brought to bear on the Department, but the PRA does not appear to require that the information be posted on the web site.
I hope this information is useful to you. Best of luck to you in your efforts.
Law Enforcement Exemption to PRA:
“Except as provided in Section 6254.7, nothing in this chapter shall be construed to require disclosure of records that are …:
(f) Records of complaints to, or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice, and any state or local police agency, or any investigatory or security files compiled by any other state or local police agency, or any investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes, except that state and local law enforcement agencies shall disclose the names and addresses of persons involved in, or witnesses other than confidential informants to, the incident, the description of any property involved, the date, time, and location of the incident, all diagrams, statements of the parties involved in the incident, the statements of all witnesses, other than confidential informants, to the victims of an incident, or an authorized representative thereof, an insurance carrier against which a claim has been or might be made, and any person suffering bodily injury or property damage or loss, as the result of the incident caused by arson, burglary, fire, explosion, larceny, robbery, carjacking, vandalism, vehicle theft, or a crime as defined by subdivision (c) of Section 13960, unless the disclosure would endanger the safety of a witness or other person involved in the investigation, or unless disclosure would endanger the successful completion of the investigation or a related investigation. However, nothing in this division shall require the disclosure of that portion of those investigative files which reflect the analysis or conclusions of the investigating officer.
“Other provisions of this subdivision notwithstanding, state and local law enforcement agencies shall make public the following information, except to the extent that disclosure of a particular item of information would endanger the safety of a person involved in an investigation or would endanger the successful completion of the investigation or a related investigation:
“(1) The full name, current address, and occupation of every individual arrested by the agency, the individual’s physical description including date of birth, color of eyes and hair, sex, height and weight, the time and date of arrest, the time and date of booking, the location of the arrest, the factual circumstances surrounding the arrest, the amount of bail set, the time and manner of release or the location where the individual is currently being held, and all charges the individual is being held upon, including any outstanding warrants from other jurisdictions and parole or probation holds.
“(2) Subject to the restrictions imposed by Section 841.5 of the Penal Code, the time, substance, and location of all complaints or requests for assistance received by the agency and the time and nature of the response thereto, including, to the extent the information regarding crimes alleged or committed or any other incident investigated is recorded, the time, date, and location of occurrence, the time and date of the report, the name, age, and current address of the victim, except that the address of the victim of any crime defined by Section 261, 264, 264.1, 273a, 273d, 273.5, 286, 288, 288a, 289, 422.6, 422.7, or 422.75 of the Penal Code shall not be disclosed, the factual circumstances surrounding the crime or incident, and a general description of any injuries, property, or weapons involved. The name of a victim of any crime defined by Section 261, 264, 264.1, 273a, 273d, 273.5, 286, 288, 288a, 289, 422.6, 422.7, or 422.75 of the Penal Code may be withheld at the victim’s request, or at the request of the victim’s parent or guardian if the victim is a minor. When a person is the victim of more than one crime, information disclosing that the person is a victim of a crime defined by Section 261, 264, 264.1, 273a, 273d, 286, 288, 288a, 289, 422.6, 422.7, or 422.75 of the Penal Code may be deleted at the request of the victim, or the victim’s parent or guardian if the victim is a minor, in making the report of the crime, or of any crime or incident accompanying the crime, available to the public in compliance with the requirements of this paragraph.”