Q: Six months ago I filed a CPRA request to view my case file and receive the information which is to be provided to victims of crimes. I received files in which the “witness” names were redacted but no written notification as to why the names were redacted or what I might be able to do in order to see the names (the “witnesses” were people who had possession on my laptop as such they either became witnesses by providing information or suspects by not).
I went through the Records Supervisor, and I also contacted the City Attorney for a meeting but was denied. The conclusion was a letter from the City Attorney advising me that all the necessary information/reasons was relayed to me four months ago during a “phone conversation” with the Records Supervisor (I question that but it was a phone conversation hence I have no independent validation of what took place in that “phone conversation.”
The City Attorney went on to say that it was explained to me that releasing the names of the “witnesses” would endanger the witnesses.
I have now asked the Records Supervisor, the Police Chief, a Police Captain (when the Chief refused to talk with me), the County Human Rights Commission, the City Attorney and the City Council. All of whom declined to speak with me. It has now been more than six months and I stuck, any ideas?
A: First Amendment Coalition and responds to FAC hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.
Under the Public Records Act, as the victim of an incident, you are entitled to certain information relating to the incident, including “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, [and] the statements of all witnesses,
other than confidential informants.” Gov’t Code 6254(f).
If the police are withholding the names of witnesses from you, they should state why, and it seems the only legitimate reason for the police to withhold this information would be because they consider these witnesses to be “confidential informants.”
You might want to write to the agency asking for a written explanation on why the witness names are redacted, which should compel a written response.
If you are at a dead end with the agency, then the last resort would be to file a lawsuit against the police agency to attempt compel disclosure of the witness names.
Such lawsuits are typically initiated by a verified petition (i.e., a request filed under oath) that asks the court to issue a writ of mandate, which is a type of order directing the public agency to take a specified action.
Attorney’s fees are available to a plaintiff who prevails in litigation filed pursuant to the Act, Gov’t Code § 6259(d). If you do write to the agency requesting a more complete explanation of why witness names are being withheld, you may want to remind them of this, in particular the fact that you will be able to recover your attorneys’ fees in the event you or your nonprofit are compelled to bring a lawsuit to compel a complete response toyour request.