Request #19-2865
  Open

To Whom It May Concern:

**Note that every response (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.**

Pursuant to the California Public Records Act (CPRA), I hereby make the following 5 distinct requests for records from Oakland Police Department ("agency"):
1. Every communication (including without limitation any message on an agency's officers/employees personal email/devices pursuant to City of San Jose v. Superior Court (Smith), S218066) to or from ICE between Jan 1, 2018 until the date of receipt of request (inclusive) that is a public record pursuant to Govt Code 7283.1(c) which reads in relevant part "All records relating to ICE access provided by local law enforcement agencies, including all communication with ICE, shall be public records for purposes of the California Public Records Act (Chapter 3.5 (commencing with Section 6250)), including the exemptions provided by that act and, as permitted under that act, personal identifying information may be redacted prior to public disclosure. Records relating to ICE access include, but are not limited to, data maintained by the local law enforcement agency regarding the number and demographic characteristics of individuals to whom the agency has provided ICE access, the date ICE access was provided, and whether the ICE access was provided through a hold, transfer, or notification request or through other means."
2. The contents of any internal tracking mechanism, database, or log your agency uses to manage or related to "ICE access", "Notification requests", "Hold requests", and/or "Transfer requests" (all as defined under Govt Code 7283) showing all items between Jan 1, 2018 until the date of receipt of request (inclusive), pursuant to Govt Code 7283.1(c)
3. Records showing "whom the agency has provided ICE access, the date ICE access was provided, and whether the ICE access was provided through a hold, transfer, or notification request or through other means" pursuant to Govt Code 7283.1(c) , showing all items between Jan 1, 2018 until the date of receipt of request (inclusive)
4. Every inter- or intra-agency memorandum regarding whether or not to comply with an ICE access request of any kind between Jan 1, 2018 until the date of receipt of request (inclusive)
5. Every guideline, policy, ordinance, resolution (incl any 'sanctuary' OR 'non-sanctuary' declarations) that you follow to determine whether or not to comply with an ICE access request of any kind.
6. Every presentation your agency has given to the jurisdiction's governing entity (board of supervisors, council, etc.) or public re: ICE access requests

You have an obligation under CPRA to, for *each* of the 6 requests made, to provide a notice of determination that you: have no responsive records, have disclosed all responsive records, have withheld all responsive records, have disclosed some and withheld some responsive records (incl. redaction), and to provide statutory authority for any records withheld in whole or in part.

I would prefer the request fulfilled electronically, by attachments, if possible.

For all electronic copies, you have an obligation to provide electronic records in the original format you hold them.
Therefore, where emails, text messages, chat logs, or similar are provided, we would like them in a format that provides *all* the parts of the record, namely all headers, metadata, attachments, and inline images.
.eml or .msg message formats are best. However, if you convert messages to PDFs or screenshots of iPhone messages, etc. in order to perform redaction, please ensure you include all headers, metadata, attachments, and inline images when converting; the usual From/To/Subject/Sent headers are not enough. If you withhold parts of e-mail or text records (such as headers) without statutory justification, you may be in violation of the CPRA and we may challenge your response.

Please consider your obligations under City of San Jose v. Superior Court (Smith), S218066 to search personal accounts/devices storing public records -- which we do explicitly request.

Please send only those records available without any fees - since we have asked for electronic copies, we expect all will be available without fees. Nevertheless, for any records for which you would charge fees, instead of copies, please provide us the (free) statutorily-mandated CPRA determination of what records exist, so we may inspect them in person if we so choose to do so, and notify us of the expected costs if we wished to move forward with copies.

Please provide responsive records on a rolling basis as you approve/redact them for disclosure.

Thank you in advance for your anticipated cooperation in this matter.

I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Anonymous Person


Received

June 5, 2019 via web


Due

December 20, 2019


Departments

Police Department

Documents

Public

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Staff

Point of Contact

Alisha Banda

Due Date Changed Public
12/20/2019 (was 11/20/2019).
November 19, 2019, 9:38am
Due Date Changed Public
11/20/2019 (was 10/14/2019).
October 19, 2019, 3:33pm
Due Date Changed Public
10/14/2019 (was 07/24/2019).
September 11, 2019, 1:05pm
Due Date Changed Public
07/24/2019 (was 06/17/2019).
June 24, 2019, 12:31pm
Department Assignment Public
Police Department
June 5, 2019, 7:04am
Request Opened Public
Request received via web
June 5, 2019, 7:04am