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21-143 5/21/2021 Jason Green
<br />To Gary Kirby,
<br /> We are writing this letter in response to recent communications from your agency regarding its obligation to
<br />release records under Senate Bill 1421’s amendments to Cal. PEN. 832.7 and 832.8. In particular, the lack of
<br />responsive records/small number of use-of-force records you deem releasable indicate that your agency is
<br />misinterpreting the Penal Code’s requirement to release all records in which an officer’s force results in “great
<br />bodily injury.” Recent court rulings have clarified that “great bodily injury” must be construed to mean “great
<br />bodily injury” and not the narrower term “serious bodily injury,” and that “the Legislature intended that
<br />agencies and the courts use the case law construing ‘great bodily injury’ in applying 832.7(b)(1)(a)(ii).” See
<br />Richmond POA v. City of Richmond, Contra Costa Co. Sup. Ct. Case MSN19-0169, Ruling (July 31, 2020). In that
<br />case, the city of Richmond initially released just 13 cases over a six‐year period; following the court’s order, it
<br />again reviewed force incidents and released more than 160. Similar conclusions were reached by the court in
<br />The Sacramento Bee, et al., v. Sacramento Co. Sheriff’s Dept., No. 34‐2019‐80003062 (Sacramento Sup. Ct., Nov.
<br />8, 2019). There is ample California case law broadly interpreting the term “great bodily injury.” See People v.
<br />Washington, 210 Cal.App.4th 1042, 1047‐1048 (2012) (“some physical pain or damage, such as lacerations,
<br />bruises, or abrasions” constitutes great bodily injury); People v. Jung, 71 Cal.App.4th 1036, 1042 (1999) (same);
<br />People v. Wallace, 14 Cal.App.4th 651, 665-666 (1993) (cuts and burns from being flex-tied, burning sensation
<br />from an insecticide-like substance were great bodily injury); People v. Bustos, 23 Cal.App.4th 1747, 1755 (1994)
<br />(multiple abrasions, lacerations, and contusions were great bodily injury); People v. Corona, 213 Cal.App.3d 589
<br />(1989) (a swollen jaw, bruises to head and neck and sore ribs were “great bodily injury”); People v. Sanchez, 131
<br />Cal.App.3d 718 (1982) (multiple abrasions and lacerations to victim’s back and bruising of eye and cheek were
<br />“great bodily injury”) disapproved on other grounds in People v. Escobar, 3 Cal.4th 740, 751, fn. 5 (1992); People
<br />v. Jaramillo, 98 Cal.App.3d 830, 836–837 (1979) (multiple contusions, swelling and discoloration of the body,
<br />and extensive bruises were “great bodily injury.”).
<br /> Some California police agencies have leaned on a different term, “serious bodily injury,” which is the basis of
<br />annual reporting of force incidents required by the State Department of Justice. However, in drafting SB 1421
<br />the Legislature specifically rejected use of the term “serious bodily injury,” which is defined more narrowly in
<br />law, and instead chose to use the term “great bodily injury.”
<br /> As with shooting incidents, a use of force resulting in great bodily injury does not have to be investigated by an
<br />agency for the records to be released. Similarly, the agency does not need to have made any findings that an
<br />Police Department 6/1/2021
<br />Yes, PC 832.7, GC
<br />6254(f)(4)1:00 $0
<br />21-144 5/24/2021 Pascale Zamor
<br />Good Morning, I hope you are well. I would like to obtain the Redwood City Building Permits for the months of
<br />February and April 2021 in PDF format. Is it possible for you to send over the report in the previous format. I
<br />attached a previously received report for reference. Can you please send them to me when they become
<br />available? I appreciate your help with this request. Have a great week. Thank You,Building 5/25/2021 No 0:30 $0
<br />21-145 5/24/2021 Dana McCombs
<br />I would like to request a copy of the winning Proposal for Electrical Maintenance and Repair Services for
<br />Redwood City with a due date of January 22, 2021. Submitted to Lily Ng.Public Works 6/3/2021 No 0:45 $0
<br />21-146 5/24/2021 Debbie Castanha
<br />Requesting all technical & price proposals received in response to RFP CM21-01 ("Disparate Impact Analysis for
<br />a Local Preference Policy"), as well as all proposal evaluation materials such as scoring sheets.
<br /> Thank you. Debbie Castanha * this is a second request, per your suggestion to check in again after mid April
<br />2021.
<br />City Manager 6/3/2021 Yes, GC 6255 1:15 $0
<br />21-147 5/25/2021 Giselle Balladares
<br />We are requesting records of Isabel Cortes Cortes - with date of birth: 12/18/1974;
<br /> I am specifically looking for case #1059830, she was charged with Petty Theft, she was arrested on
<br />05/14/1998.
<br /> If there are not records found, please provide a letter explaining so for legal purposes. Police Department 6/1/2021 No 0:30 $0
<br />21-148 5/25/2021 Rey Sunga
<br />I am requesting an electronic copy (Excel preferred) of the list of all residential properties which are currently
<br />carrying code enforcement violations of Tax Delinquencies dating back 6 months, December 2020, from today's
<br />date, 05/25/2021. I further request the records be sent to me via email to
<br />reysunga.propertyinvestments@gmail.com as well as through the county account portal I created. I further
<br />request that this list include the following: 1. Address (Street Number, City, State, Zip) of each parcel. 2. Specific
<br />Code Violated. 3. Status of the case (open vs. closed) 4. One row (a record) per parcel. In the event one or more
<br />item/s above is/are not readily available, please provide the data which is readily available to the extent
<br />possible. If additional items are readily available please provide them as well. To help to determine my status
<br />for purposes of requesting the public records, I am a real estate investor/agent and am seeking to use these
<br />records for business purposes. If you deny all or any part of this request, please cite each specific exemption
<br />you think justifies your refusal to release the information and notify me of appeal procedures available under
<br />the law. Please contact me for further questions or clarification.
<br />Building, Finance Pending No 0:45 $0
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