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Sheriffhenry
A Californian's View

- Kusar - Robertson Letter 19 Nov 2001
Ventura County Sheriff
Denial of Public Records Act

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19 November, 2001

Mr. David H. Robertson, Manager
Sheriff's Records
c/o 800 South Victoria Avenue
Ventura, California 93009
Tel: 805-654-3177
Main Tel: 805-654-2380
Main FAX: 805-645-1391

Re: Violation of California Public Records Act by Ventura county Sheriff's Records
Ref: Henry Nicolle letters dated 13 September, 2001; 08 October, 2001 and your letter dated 11 October, 2001


Dear Mr. Robertson,

Thank you for your letter dated October 11, 2001. To date, I have not received your "original response".

This letter reiterates the apparent violation of the California Public Records Act in removing booking and other records from public access.

The people of California, by an act of their legislative representatives, require certain records be kept available for public access, without significant restriction. The booking records contain items of information that are specifically identified by the legislature as such records.

Our statutes provide for certain exceptions to our mandate. Those exceptions are well-defined and do not allow the withdrawal you are claiming as your authority. This lack of exception means that you are in misdemeanor criminal violation of the provisions of the California Public Records Act.

I have examined your claim that California Penal Code sections 11105 and 13300 substantiate your authority to remove booking records from public viewing, but I fail to identify any support for your claims within these sections.

I note that your attempt to nullify the California Public Records Act may be via your claim of conversion of public records to "historical records" and you claim that historical records are not available for public access. Your claim is also unsupported by any law that I am able to identify. Indeed, no such authority exists in the California Public Records Act or in the California Penal Code Sections 11105 or 13300.

Again, I refer you to the operative section of California Government Code Section 6254 (f) which mandates that the information you would remove from public access "...shall be made public" and "...shall be disclosed".

A search of the legislature's code server fails to deliver any reference to any authority for public officials to convert the records enumerated in the California Public Records Act in any manner so as to nullify the letter and intent of that Act.

I repeat my admonition that your office and you personally, are subject to the Act (ref. California Government Code section 6252) and that your establishment, implementation and enforcement of the policy is a criminal act in violation of the California Public Records Act, (ref. California Government Code Section 6251), and is specifically a violation of California statutes expressing the people's intent enunciated by California Government Code Section 6250 and identified by subject in California Government Code Sections 6253 (a), 6253 (d). 6254 (f), 6255 (a) and 6257.5. It is my opinion and belief that should you continue to implement and enforce your policy, that you are acting without lawful authority as a public official and therefore, without immunity in your personal capacity.

Finally, regarding any dispute between your clerks and me regarding acts during my visits, I take notes and I respectfully decline to engage in unproductive gain-saying. I will comment in general however, that regardless of their position or authority, our public servants consistently tend to refuse to acknowledge their status as public servants, preferring instead to assume a superior status and to impose that status by offensive acts and defensive reactions upon the people they are intended to serve. This error of perception permeates our public institutions and results in wrong-headed and unlawful policies such as the one we have been discussing. My personal conclusion is that the error of the clerks is ordinarily founded in the policy training and indoctrination provided to them by their supervising superiors.

If our administrators and other officials are allowed to create and impose policies contrary to our Constitution and Statutes and demand personal exception from the consequences of such criminal acts, the will of the people and the acts of their representatives in legislature are moot, irrelevant and certainly unnecessary for the purposes of social management. This circumstance is intolerable.

I may be wrong in my reading of your response and if that is the case, in your opinion, I expect that you will provide whatever information you believe will correct my error. Please do so no later than 15 December, 2001. If you wish to contact me in addition to your letter response, I may be paged at 805-939-7676 or contacted by e-mail via these three websites:

http://www.sheriffhenry.com/
http://www.recall2002.org/
http://www.jail4judges.org/

If you are curious why I copy other officials regarding this matter, it is because this policy creates a serious political offense in addition to the personal criminal ramifications, and therefore deserves wide attention for its effect on other offensive county policies.

Sincerely,



Henry Nicolle
c/o POB 5633
City of San Buenaventura, California (93005)

Copy: Grand Jury
Board of Supervisors
Bob Brooks, Sheriff
Michael Bradbury, District Attorney


- Kusar -
Sheriffhenry Commentary


- Kusar -
Gould Letter
and
Analysis


- Kusar -
Opinion


- Kusar -
Robertson Letter
21 Apr 2002

 
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