TO: RULES AND OPEN GOVERNMENT FROM: Anthony Mata
COMMITTEE
SUBJECT: PUBLIC RECORDS APPEAL - DATE: November 9, 2021
KATHERINE WEILAND
Approved Date 11/10/21
RECOMMENDATION
Deny the appeal from Katherine Weiland (aka Katherine Reichenbach) regarding the City’s response to her request for public records seeking records, specifically body worn camera footage, related to a complaint submitted to the San Jose Police Department’s Internal Affairs Unit (number I2020-2023), related to event number 20-211-0547.
BACKGROUND
Ms. Weiland represents herself, as a party to event number 20-211-0547.
A request (Attachment A) was received July 2021 by the Operational Support Services Division, who provided the request to the Research & Development Unit. This request sought “SJPD bodycam footage” in connection to a complaint that had been submitted to the Internal Affairs Unit. Further details were provided by the requester to determine the event of interest, resulting in the identification of event number 20-211-0547. Due to the circumstances of the event, the requester was informed that additional discussion would be required to review the event.
A denial notification (Attachment B), dated July 28, 2021, was provided via email to Ms. Weiland.
This email informed the requester that the request for body camera footage had been denied.
On July 28, 2021, Ms. Weiland requested an explanation as to why her request was denied and asked to discuss the situation with other personnel (Attachment B).
On July 29, 2021, further explanation as to why the request was denied was provided and Ms. Weiland was advised that her request to speak with someone would be presented to the Commander of the Research & Development Unit. At this time, a contact number was requested (Attachment B).
On July 29, 2021, Ms. Weiland provided a contact number and referenced additional incidents (Attachment B).
RULES COMMITTEE: 11/17/21
FILE: 21-840
ITEM: I
RULES AND OPEN GOVERNMENT COMMITTEE
November 9, 2021
Subject: Public Records Appeal – Katherine Weiland
On July 29, 2021, Ms. Weiland was asked to provide event numbers for the referenced additional incidents, to be reviewed by the Department (Attachment B).
On July 29, 2021, Ms. Weiland provided additional event numbers for the referenced additional incidents (Attachment B).
On August 4, 2021, Ms. Weiland was advised that the incidents required further review by sworn staff (Attachment C).
On August 7, 2021, Ms. Weiland was advised that the incidents required further review by the City Attorney’s Office due to the circumstances of all event numbers provided (Attachment C).
On August 11, 2021, Lieutenant Steve Donohue, Commander of the Research & Development Unit, contacted Ms. Weiland via phone to discuss the request. At this time, Ms. Weiland was advised that the request for body worn camera footage was not approved.
On October 8, 2021, Ms. Weiland submitted an appeal (Attachment D) to the Office of the City Clerk regarding the denial of her request for body worn camera footage.
ANALYSIS
Ms. Weiland requested body worn camera footage pertaining to an Internal Affairs Complaint and call for service, both responded to by the San Jose Police Department.
The California Public Records Act generally exempts most records of law enforcement investigative records from public disclosure under Government Code Section 6254(f).
Specifically, this Section defines the circumstances in which a party would be entitled to investigative records, in this instance, the requested body worn camera footage. The incident implicated by Ms. Weiland’s request does not meet the definition of a crime due to the circumstances of the call for service. Therefore, it was determined that there was no crime victim or other entitled party. The incident does not meet the circumstances in which Ms. Weiland would be entitled to the investigative records.
It is important to note, that if the City were to waive the exemption under Government Code Section 6254(f) and provide these investigative records without a subpoena or court order to a person to whom the Public Records Act does not require disclosure be made, the City would then have to provide these specific investigative records to any member of the public that requests them.
CONCLUSION
Based on the foregoing, staff made the decision to withhold the requested records. Staff recommends that the decision to withhold the requested records be upheld by the Rules and Open Government Committee.
RULES AND OPEN GOVERNMENT COMMITTEE
November 9, 2021
Subject: Public Records Appeal – Katherine Weiland
COORDINATION
This memorandum was coordinated with the City Attorney’s Office. /s/
ANTHONY MATA
Chief of Police
Attachments
For questions, please contact Lt. Steve Donohue, Research & Development Unit, at (408) 277-5200.
[External Email]
From: Katherine Weiland
To: Villarreal, Monique
Subject: Re: Public Records Request
Date: Thursday, July 29, 2021 4:05:06 PM
[External Email]
From: Villarreal, Monique
To: Lowry, Jessica
Subject: Fw: Public Records Request
Date: Wednesday, November 10, 2021 1:17:06 PM
From: Villarreal, Monique
Sent: Thursday, July 29, 2021 1:32 PM
To: Katherine Weiland
Subject: RE: Public Records Request
Hello Katherine,
Thank you for the additional information. Please provide any other event numbers, so that all documentation can be reviewed and considered for your request.
Best regards,
Monique Villarreal
San Jose Police Department
Research & Development Unit
201 W. Mission Street, San Jose, CA 95110
Direct: 408.537.1656, Main: 408.277.5200
From: Katherine Weiland >
Sent: Thursday, July 29, 2021 6:41 AM
To: Villarreal, Monique <[email protected]> Subject: Re: Public Records Request
It was a Dvro violation and the officer didn’t report it correctly so I reported in person the next day with my DV advocate and then after I started my internal affairs complaint the same officer came back to my home unannounced and told me I was required to report to him with a supervisor.
He did not follow procedure and recognize the severity of the DVRO violation a couple weeks before my trial- where my husband was purchasing large amounts of guns and gun parts. But he also treated me very poorly- and that was ignored and found unfounded as a courtesy complaint because they said he didn’t scream at me or use profanities or get violent.
I had to file a different report. Twice. But this is the incident that I would like to see.
The family court judge recognized and had my husband admit to buying guns and pieces up to thousands of dollars but did nothing as well because he claimed it was “for his cousin”.
I would very much like you to look into the situation and I could supply the Dvro or conclusion of the internal affairs. [External Email]
I feel very lucky that the guns purchased were not used against me prior to my DVRO hearing and fighting for my safety and children’s safety.
Sent from my iPhone
On Jul 29, 2021, at 2:31 AM, Villarreal, Monique <[email protected]> wrote:
Hello Katherine,
California Government Code 6254(f) is the reference language supporting why the request was denied. The Government Code is the primary source considered when reviewing events to determine if a requestor is an entitled party to receive records related to an investigation. Said interested parties include victims of incidents specified within the Government Code, 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.
Notes of the event state that you were the reporting party. The notes do not indicate that a crime occurred.
I can request an additional review of the event and present your request to speak with someone to the Commander of the Research & Development Unit. Please advise of the best contact phone number to reach you.
Best regards,
Monique Villarreal
San Jose Police Department
Research & Development Unit
201 W. Mission Street, San Jose, CA 95110
Direct: 408.537.1656, Main: 408.277.5200
From: Katherine Weiland < >
Sent: Wednesday, July 28, 2021 8:51 PM
To: Villarreal, Monique <[email protected]> Subject: Re: Public Records Request
Hi,
I did want to clarify and find out specifically what is the grounds of denial as I am the victim in this situation and was the one reporting a crime.
Can you be more specific about the denial to release the footage and if there is any way to speak to anyone else on the matter prior to the appeal?
Sent from my iPhone
On Jul 28, 2021, at 6:39 PM, Villarreal, Monique <[email protected]> wrote:
Hello Katherine,
Incident number 20-211-0547 has been reviewed.
The requested record of body camera footage is considered a record of investigation.
California Government Code 6254(f) details to whom records of records of investigation can be provided.
(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, the Office of Emergency Services 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. However, 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 (b) of Section 13951, 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, this subdivision does not require the disclosure of that portion of those investigative files that reflects the analysis or conclusions of the investigating officer.
The incident was determined not to fall under the parameters referenced in California Government Code 6254(f). Therefore, the request is being denied.
Should you desire to appeal this response, please submit your appeal to:
Open Government Manager
City of San José, Office of the City Manager
200 East Santa Clara Street
San José, CA 95113
[email protected]
Or City of San José, Office of the City Clerk
200 East Santa Clara Street
San José, CA 95113
[email protected]
Best regards,
Monique Villarreal
San Jose Police Department
Research & Development Unit
201 W. Mission Street, San Jose, CA 95110
Direct: 408.537.1656, Main: 408.277.5200
[External Email]
You don't often get email from . Learn why this is important From: Villarreal, Monique
Sent: Tuesday, July 27, 2021 3:47 PM
To: Katherine Weiland
Subject: RE: Public Records Request
Thank you for the quick response. The incident will be reviewed and a determination will be provided by August 6.
From: Katherine Weiland <
Sent: Tuesday, July 27, 2021 3:42 PM
To: Villarreal, Monique <[email protected]> Subject: Re: Public Records Request
This was the original incident and card I have from officer miskeenyar.
The case number was 20-211-0547
Please let me know if this is what you would need and what the status would be. Thank you so much.
<image001.jpg>
Sent from my iPhone
On Jul 27, 2021, at 6:36 PM, Villarreal, Monique
<[email protected]> wrote:
Hello Katherine,
The attached request was received by the Operational Support Services Division of the San Jose Police Department and provided to the Research & Development Unit for processing.
The request requires review of the referenced incident as the requested body camera footage is considered records of investigation and California Government Code 6254(f) details to whom records of records of investigation can be provided. I am not able to search for the incident using the referenced Internal Affairs complaint number. Please advise if you have the event number or I would need to submit a request to the Internal Affairs Unit.
Best regards,
Monique Villarreal
San Jose Police Department
Research & Development Unit
201 W. Mission Street, San Jose, CA 95110
This message is from outside the City email system. Do not open links or attachments from untrusted sources.
This message is from outside the City email system. Do not open links or attachments from untrusted sources.
This message is from outside the City email system. Do not open links or attachments from untrusted sources.
Direct: 408.537.1656, Main: 408.277.5200
[External Email]
From: Villarreal, Monique
To: Katherine Weiland
Subject: RE: Public Records Request
Date: Saturday, August 7, 2021 11:10:00 PM
Hello Katherine,
Due to the circumstances of all events provided, further discussion is required with the City Attorney’s Office (CAO). I hope to connect with the CAO on Monday and will advise of the outcome as soon as possible.
Best regards,
Monique Villarreal
San Jose Police Department
Research & Development Unit
201 W. Mission Street, San Jose, CA 95110
Direct: 408.537.1656, Main: 408.277.5200
From: Villarreal, Monique
Sent: Wednesday, August 4, 2021 11:23 AM
To: Katherine Weiland < >
Subject: RE: Public Records Request
Hello Katherine,
I was out of the office due to funeral services.
The circumstances of your experience require further review by sworn staff. Staff will be available tomorrow to review all events provided. I will provide a final decision after this process is complete.
Best regards,
Monique Villarreal
San Jose Police Department
Research & Development Unit
201 W. Mission Street, San Jose, CA 95110
Direct: 408.537.1656, Main: 408.277.5200
From: Katherine Weiland < >
Sent: Tuesday, August 3, 2021 3:50 PM
To: Villarreal, Monique <[email protected]> Subject: Re: Public Records Request
This message is from outside the City email system. Do not open links or attachments from untrusted Hi Monique
I wanted to check the status of my request. I had sent the two other incident numbers but haven’t heard back. There is no investigation currently for the incident in July and again I was the victim of the crime that went unreported in that moment until I went in person to the mission SJPD ago report.
Please let me know the status with the new information and if I should appeal.
Thank you,
Katherine Reichenbach
Sent from my iPhone
On Jul 27, 2021, at 6:36 PM, Villarreal, Monique <[email protected]> wrote:
Hello Katherine,
The attached request was received by the Operational Support Services Division of the San Jose Police Department and provided to the Research & Development Unit for processing.
The request requires review of the referenced incident as the requested body camera footage is considered records of investigation and California Government Code 6254(f) details to whom records of records of investigation can be provided.
I am not able to search for the incident using the referenced Internal Affairs complaint number. Please advise if you have the event number or I would need to submit a request to the Internal Affairs Unit.
Best regards,
Monique Villarreal
San Jose Police Department
Research & Development Unit
201 W. Mission Street, San Jose, CA 95110
Direct: 408.537.1656, Main: 408.277.5200
<PRAR Katherine Reichenbach.pdf>
sources.
1 Villarreal, Monique
From: Katherine Weiland < >
Sent: Friday, October 8, 2021 4:15 PM
To: City Clerk <[email protected]>
Subject: Appeal for Body Cam Footage/public records
[You don't often get email from . Learn why this is important at http://aka.ms/LearnAboutSenderIdentification.]
[External Email]
To whom it may concern
I requested body cam footage from a report that took place in 2020 and was denied despite being the victim of the crime. I was told I could appeal and it be reviewed through this email.
This message is from outside the City email system. Do not open links or attachments from untrusted sources.