Law Offices of Chad R. Maddox

10/10/2018

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October 29, 2008

NOTICE OF PUBLIC RECORDS REQUEST

(CALIFORNIA GOVERNMENT CODE §6250 et. Seq.)

PRODUCTION OF DOCUMENTS DUE BY 11-10-08

SENT VIA FACSMILE (858)627-3925

Department of Motor Vehicles

San Diego Driver Safety Office

9174 Sky Park Ct., Suite 200

San Diego, CA 92123-2666

RE: Public Records Request for:the DMV document prepared on 10/27/08 by the San Diego Driver Safety Manager identified below

To Whom It May Concern:

We request that the Custodian of Records for the Department of Motor Vehicles – San Diego Driver Safety Officemake available for inspection and/or provide copies of public records, pursuant to the California Public Records Act (California Government Code Section 6250 et seq.). Specifically, we seek a certified copy of:

(1)The DMV document prepared on 10/27/08 by the San Diego Driver Safety Manager. Specifically, the document dated 10/27/08 at approximately 2:12PM prepared by a DMV Driver Safety Manager sent to DMV Hearing Officers which read as follows:

“This is a reminder to place your set asides in the SET ASIDE basket in the file room. I run a weekly report to confirm that the set asides are being placed in the basket. Some of you have not been putting the set asides in the bin.

To date, I have reviewed 17 set asides. The results are as follows:

– 6 good decisions
– 4 are questionable — needing review of the [tape] recording to make determination
– 7 are unwarranted set asides

These results are terrible, in that we have no rookie hearing officers. Should you be responsible for any of the 7 unwarranted set asides, your manager will be discussing the case(s) with you, if they haven’t already.

Iwill be publishing my findings on each of your cases — good and bad ones — minus the hearing officer name and case info. Should you wish to discuss any of these cases with me, feel free to do so.”

We have requested that the record be produced by November 10, 2006, because California Government Code Sections 6253(b) and (c) require that these documents be provided within 10 days. They read in relevant part:

“(b) Except with respect to public records exempt from disclosure by express provisions of law, each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, shall make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable. Upon request, an exact copy shall be provided unless impracticable to do so.

(c) Each agency, upon a request for a copy of records, shall within 10 days from receipt of the request, determine whether the request, in whole or in part, seeks copies of disclosable public records in the possession of the agency and shall promptly notify the person making the request of the determination and the reasons therefore.”

Therefore, if you refuse to produce the records, you are required to send written notice of your denial to produce. According to California Government Code §6253(d), the written notice of denial must include the name, title or position of the individual responsible for the denial. It read in relevant part:

“[N]othing in this chapter shall be construed to permit an agency to delay or obstruct the inspection or copying of public records. The notification of any request for records… shall set forth the names and titles or positions of each person responsible for the denial.”

Pursuant to California Government Code §6257, we will pay any reasonable costs for copy expenses incurred upon the delivery of the requested records. We hereby request that the copy provided be a certified copy (including a certificate seal or a statement under oath of the custodian of record verifying that the copy is a true and accurate copy prepared in the normal course of his or her duties).

If you have any questions related to the above, please contact our office immediately.

Very truly yours,

AARON W. MEYLE,

Law Clerk to

CHAD R. MADDOX