In Vallejo, Investigations of Police Take So Long, Officers Kill Again Before Reviews Are Done
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The 33-year-old did not own a car, and cycled nearly everywhere he went around his hometown, often flanked by his teenage son and 5-year-old daughter.\u003c/p>\n\u003cp>But that night, Foster was riding alone, swerving in and out of traffic lanes without a bike light, and caught the attention of officer Ryan McMahon, who pursued Foster in his car. Foster hit the brakes, and McMahon ordered him to “come over and sit in front of my car,” according to the officer’s deposition in a civil rights lawsuit filed by Foster’s family.\u003c/p>\n\u003cp>“Stop messing with me,” Foster responded before taking off on his bike in the opposite direction, McMahon recalled in his deposition testimony. The officer got back in his car and chased him down.\u003c/p>\n\u003cp>Foster soon fell from his bike and ran away. When McMahon continued the chase on foot, Vallejo policy required him to notify the department by radio. But that’s not what he did. Instead, he left his patrol car and followed Foster toward a dark walkway between two houses.[pullquote size=\"medium\" align=\"right\" citation=\"Louis Dekmar, police chief, LaGrange, Georgia, and former civil rights police monitor, US Department of Justice\"]‘This isn’t accepted practice. This isn’t even basement standard practice. Any agency that takes that long is saying that this isn’t a priority.’[/pullquote]\u003c/p>\n\u003cp>As they ran, McMahon tased the African American man in the back without a warning, although officers are required to give one unless it puts them in danger. The officer later said he did so in part because he saw Foster grabbing his pants, causing him to think Foster had a firearm. Foster, who was unarmed, kept running but fell. As he tried to get up, McMahon pushed him, causing Foster to fall down a small flight of cement stairs, the officer testified in the lawsuit. McMahon then straddled his back.\u003c/p>\n\u003cp>Body camera footage shows Foster lying on the pavement without fighting back when McMahon, standing next to him, fired his Taser once more. Then the officer struck Foster in the head and body with a 13-inch metal flashlight, Foster’s family alleged in court records. As McMahon swung to hit again, Foster caught the flashlight and tried to get up.\u003c/p>\n\u003cp>While some facts of the case are disputed, what happened next is not: McMahon shot Foster seven times. Autopsy records show he hit Foster once in the head, four times in the back and twice on the left side of his body, killing him.\u003c/p>\n\u003cp>“It’s all good,” McMahon said as backup arrived minutes later. “He’s down. He’s down.”\u003c/p>\n\u003cfigure id=\"attachment_11919407\" class=\"wp-caption aligncenter\" style=\"max-width: 678px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.10-PM.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11919407 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.10-PM.png\" alt=\"A black-and-white watercolor illustration of a Black man smiling and wearing a beanie and hoodie.\" width=\"678\" height=\"970\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.10-PM.png 678w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.10-PM-160x229.png 160w\" sizes=\"(max-width: 678px) 100vw, 678px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ronell Foster \u003ccite>(Kate Copeland/ProPublica)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A diverse waterfront city of 125,000 located in the San Francisco Bay Area, Vallejo has garnered \u003ca href=\"https://www.nytimes.com/2019/02/21/us/willie-mccoy-police-shooting.html\">national attention\u003c/a> in recent years for its \u003ca href=\"https://www.newyorker.com/magazine/2020/11/23/how-a-deadly-police-force-ruled-a-city\">rate of police killings\u003c/a>, which far outpaces those of all but two California cities, San Bernardino and South Gate, according to \u003ca href=\"https://www.nbcbayarea.com/news/local/vallejo-police-highest-rate-of-residents-shot-per-capita-in-northern-california-nbc-bay-area-probes-causes/190344/\">a 2019 NBC Bay Area report\u003c/a>. Eight families of people killed by police over the last decade have filed civil suits against Vallejo, which has paid out more than $8.3 million in settlements so far, with three cases ongoing. (The single largest settlement, $5.7 million, went to the Foster family.) In July 2020, Open Vallejo exposed a tradition in which \u003ca href=\"https://openvallejo.org/2020/07/28/vallejo-police-bend-badge-tips-to-mark-fatal-shootings/\">officers bent their badges to mark their fatal shootings\u003c/a>.\u003c/p>\n\u003cp>Now, Open Vallejo and ProPublica have looked at what happens inside the department after those killings occur, examining more than 15,000 pages of police, forensic and court files related to the city’s 17 fatal police shootings since 2011. Based on records that emerged after dozens of public records requests and two lawsuits filed by Open Vallejo, the news organizations found a pattern of delayed and incomplete investigations, with dire consequences.[aside label=\"Related Posts\" link1=\"https://www.kqed.org/vallejopolicing, The Fight Against Policing in Vallejo\"]In the Foster case, when top department leadership ultimately reviewed reports and evidence more than a year and a half after Foster was killed, it found McMahon had violated department policies — both by pursuing Foster on foot without notifying the department and without backup and by failing to turn on his body camera before using deadly force. (While McMahon only turned on his body camera after he fired, the camera is designed to automatically capture 30 seconds of preactivation footage.)\u003c/p>\n\u003cp>“Officer McMahon failed to recognize his safety and the safety of the suspect Ronnell Foster outweighed apprehension for a minor traffic/pedestrian violation,” then-police chief Joseph Allio wrote in a memorandum. Allio ordered that McMahon “attend a 1 to 3-day course on officer safety and tactics focusing on critical incidents.”\u003c/p>\n\u003cp>But by the time that training was ordered, the officer had been involved in the killing of another African American man.\u003c/p>\n\u003cp>According to our first-of-its-kind review of Vallejo’s investigations of police killings, six of the department’s 17 fatal shootings between 2011 and 2020 involved an officer using deadly force while still under investigation for a prior killing. In three of those cases, including McMahon’s, department officials noted officers’ initial mistakes in their reports, but not until after their second killing. In all three, the investigation into the second killing also revealed significant tactical errors, like not considering the use of nonlethal weapons. In one case, officials identified the same mistake in two killings involving the same officer.\u003c/p>\n\u003ch2>Investigations into police killings were ongoing when the same officers used deadly force again\u003c/h2>\n\u003cp>Vallejo’s reviews of police killings have dragged on for years. Six times since 2011, the incident was still under review when the same officer was involved in another fatal encounter.\u003c/p>\n\u003cfigure id=\"attachment_11919408\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220627-openvallejo-desktop.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11919408\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220627-openvallejo-desktop-800x598.png\" alt=\"A graph.\" width=\"800\" height=\"598\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220627-openvallejo-desktop-800x598.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220627-openvallejo-desktop-1020x762.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220627-openvallejo-desktop-160x120.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220627-openvallejo-desktop-1536x1148.png 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220627-openvallejo-desktop-1920x1435.png 1920w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220627-openvallejo-desktop.png 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Note: The Vallejo Police Department was unable to produce a final administrative report for the killings of Sherman Peacock and Peter Mestler. The end date for the investigations into those two killings reflects the district attorney’s final review of each case. All officers either declined to comment or did not respond to requests for comment for this story. \u003ccite>(Lucas Waldron/ProPublica)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The news organizations also found that the department consistently failed to properly complete essential investigative tasks and took more than a year on average to close its administrative investigations of fatal shootings — methods that experts say are at odds with best practices promoted by the U.S. Department of Justice and used by police agencies around the country.\u003c/p>\n\u003cp>“This isn’t accepted practice. This isn’t even basement standard practice,” said Louis Dekmar, the police chief in LaGrange, Georgia, since 1995, and a former civil rights police monitor for the U.S. Department of Justice. “Any agency that takes that long is saying that this isn’t a priority.”\u003c/p>\n\u003cp>Officials in the Foster case mishandled a crucial piece of evidence, police records show, then took months to request that the crime lab analyze it for fingerprints. Nineteen months passed between the killing and the submission of investigative findings to the police chief. Only then was the chief able to fully assess the case and consider discipline for that shooting. McMahon later testified that he feared for his life and that Foster, holding the flashlight, faced him “in a boxer type stance.” But body camera footage does not support the officer’s claim that Foster was facing him, and an expert for Foster’s family who reviewed enhanced footage and other forensic evidence concluded that Foster had immediately turned away. McMahon remained on the job, and was later fired over his involvement in the killing of another man, during which, a department investigation found, he endangered a fellow officer by shooting from behind him. He did not respond to requests for comment for this story.\u003c/p>\n\u003cp>In a March phone call, Shawny Williams, Vallejo’s police chief since November 2019, agreed to an interview but declined to schedule it; after we shared our findings with the department in writing, he provided a statement that pointed to recent administrative changes, like implementing a yearly crisis intervention training and requiring officers to use deescalation tactics when possible before engaging with a suspect. Williams also noted proposed reforms to how the department investigates its fatal shootings — some of which mirror recommendations first made to the department by a law enforcement consultant two years ago. Among them: a deadline for officials to produce their findings once all the evidence has been gathered.\u003c/p>\n\u003cp>Williams declined to answer questions about any specific cases.\u003c/p>\n\u003cp>“While I cannot comment on critical incidents which occurred prior to my arrival, or on ongoing matters, I can confirm that overall, the VPD continues the process of implementing police reforms,” the chief wrote. “All the above changes are designed to create enhanced internal accountability and will provide a more transparent process for our department and the community.”\u003c/p>\n\u003ch2>‘A remarkable amount of incompetence’\u003c/h2>\n\u003cp>While there is no universal timeline for internal investigations, guidelines developed for the Department of Justice by a group of local police officials say departments should, at minimum, complete their probes before any statute of limitations on officer discipline expires (one year, in California, with some exceptions). \u003ca href=\"https://cops.usdoj.gov/ric/Publications/cops-p164-pub.pdf\">“It is preferable,” the group wrote, “to conclude investigations within 180 days.”\u003c/a>\u003c/p>\n\u003cp>But in some of the DOJ’s own reviews of police departments across the country, it has pushed for even shorter deadlines when it comes to investigating an officer’s use of force, including fatal shootings.\u003c/p>\n\u003cp>In 2012, for example, the Justice Department mandated that the East Haven Police Department in Connecticut complete deadly force investigations within 60 days and forward a report to the chief, who has 45 days to complete the review. And in 2014, the DOJ required a similar deadline in Albuquerque for reviews of serious uses of force.\u003c/p>\n\u003cp>But in Vallejo, Open Vallejo and ProPublica found that the police department has taken an average of 20 months to review fatal shootings, from the time of a police killing to the date a chief signed off on the investigation.\u003c/p>\n\u003cp>A number of mistakes drove delays in Vallejo and undermined the integrity of investigations. One core problem: Some witnesses to killings reported long delays before officers took their statements.\u003c/p>\n\u003cp>That’s what happened in 2012, after Jaime Alvarado and his wife, Rocio Alvarado, said \u003ca href=\"https://www.buzzfeed.com/albertsamaha/three-shootings-in-vallejo\">they witnessed Vallejo police shoot their neighbor Jeremiah Moore\u003c/a>, a young man whose mother said he was on the autism spectrum.\u003c/p>\n\u003cp>Police had responded to 911 calls about loud noises coming from Moore’s home, including the sound of glass breaking. Although officers and an intoxicated witness later claimed Moore had been armed with a .22-caliber rifle, Jaime Alvarado said Moore was naked and unarmed, with his hands up and shaking from fright, when he was shot and killed by Vallejo officer Sean Kenney. (A forensic analysis could not find Moore’s fingerprints on the rifle, which was recovered in his home, while a later one found small traces of his blood on it.)\u003c/p>\n\u003cfigure id=\"attachment_11919410\" class=\"wp-caption aligncenter\" style=\"max-width: 666px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.37-PM.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11919410 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.37-PM.png\" alt=\"A black-and-white watercolor illustration of a white man smiling broadly as if laughing, with a goatee, beard, baseball cap, and baggy T-shirt.\" width=\"666\" height=\"954\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.37-PM.png 666w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.37-PM-160x229.png 160w\" sizes=\"(max-width: 666px) 100vw, 666px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jeremiah Moore \u003ccite>(Kate Copeland/ProPublica)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Alvarado said he tried to approach a Vallejo officer a few hours after he saw the killing through his second-floor window, but was told that “we don’t have time to talk” and to “get inside the house.” No one from the department tried to contact him after that, he said.\u003c/p>\n\u003cp>“They would not pay attention to me,” Alvarado told Open Vallejo and ProPublica.\u003c/p>\n\u003cp>According to Alvarado, detectives didn’t take his statement until several months later, after an attorney hired by Moore’s family to sue the city facilitated the interview. Yet there is no record of that interview in Vallejo’s case file, and the department ultimately cleared the officer in the killing. Neither the Moore family attorney nor the police department responded to questions about Alvarado’s account. The Moore family’s lawsuit was settled in 2016 for $250,000.\u003c/p>\n\u003cp>It was one of three investigations among the 17 killings in which Vallejo detectives interviewed one or more eyewitnesses months later or did not interview them at all, despite a county policy that states department officials are responsible for “immediately” securing crime scenes, including identifying and sequestering witnesses in order to obtain their statements. In each of these cases, the witnesses’ accounts directly contradicted claims by police that the victims had been armed.\u003c/p>\n\u003cp>But it was not the only type of delay. In 11 of the 17 cases, investigators did not meet a 30-day goal set by the county to complete their reports. Detectives often took even longer to request analysis on important evidence, such as bullets fired by officers, fingerprinting, DNA samples and weapons allegedly carried by the victims. In six investigations, Vallejo sent requests for evidence testing to a crime lab half a year or more following the killings. In most of those cases, the delayed analyses appear to have hampered the investigations or led to cases being closed by investigators before some forensic reports could be included.\u003c/p>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220701-vallejo-investigative-missteps-mobile.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"aligncenter size-medium wp-image-11919415\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220701-vallejo-investigative-missteps-mobile-800x964.png\" alt=\"A graph.\" width=\"800\" height=\"964\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220701-vallejo-investigative-missteps-mobile-800x964.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220701-vallejo-investigative-missteps-mobile-1020x1229.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220701-vallejo-investigative-missteps-mobile-160x193.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220701-vallejo-investigative-missteps-mobile.png 1260w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003c/p>\n\u003cp>In Foster’s case, detectives didn’t seek fingerprint testing of the flashlight that McMahon claimed Foster used as a weapon until eight months after the killing. When they finally made a request, the lab could not find Foster’s fingerprints. Experts say \u003ca href=\"https://www.researchgate.net/publication/233901042_Determination_of_latent_fingerprint_degradation_patterns_-_A_real_fieldwork_study\">long delays can cause biological evidence to degrade\u003c/a>.\u003c/p>\n\u003cp>“The consequences of delayed resolutions of investigations are severe,” the Justice Department wrote in its \u003ca href=\"https://www.justice.gov/opa/file/925846/download\">investigation of the Chicago Police Department in 2017\u003c/a>, triggered after a white officer fatally shot Black teenager Laquan McDonald. “Memories fade, evidence is lost, and investigators may not be able to locate those crucial witnesses needed to determine whether misconduct has occurred.”\u003c/p>\n\u003cp>For years, the Solano County district attorney’s office based their decisions about whether to charge Vallejo police officers primarily on evidence gathered by Vallejo officials. This made some of the detectives’ missteps especially meaningful. For example, in three of the killings from 2012, prosecutors cleared officers before all the evidence in the case had been analyzed by forensic experts.\u003c/p>\n\u003cp>“Either there is a remarkable amount of incompetence or it’s malicious,” said Seth Stoughton, a professor at the University of South Carolina School of Law and former Florida police officer, about the Vallejo Police Department. “Neither should be acceptable.” Stoughton testified as a national police standards expert for the prosecution in the trial of former Minneapolis police officer Derek Chauvin, who was convicted of the murder of George Floyd.\u003c/p>\n\u003cp>Williams, the Vallejo police chief, declined to answer specific questions about the numerous delays.\u003c/p>\n\u003cp>Solano County’s current district attorney, Krishna Abrams, who took office shortly after the officer involved in the Moore shooting was cleared, also declined to comment on the findings of this investigation.\u003c/p>\n\u003cp>However, Abrams wrote in a statement that her office has continued to make it a priority to use best practices for investigating officer-involved fatal incidents. She pointed to rule changes from 2020 that require that future investigations of Vallejo killings involve criminal investigators from other departments in the county. She did not comment, however, on another rule change made that year that removed a 30-day target for detectives to complete their reports.\u003c/p>\n\u003ch2>While investigations drag, officers kill again\u003c/h2>\n\u003cp>As Vallejo’s investigations dragged on, sometimes for years, officers who had killed patrolled the city’s streets, their mistakes unaddressed. In three cases, department officials flagged officers’ actions only after they were involved in another killing, police records show.\u003c/p>\n\u003cp>Officer Sean Kenney killed Anton Barrett in May 2012. Kenney was still under investigation for that shooting when, on the morning of Sept. 2, 2012, he and his partner, Dustin Joseph, pulled up in front of the home of a man named Mario Romero. Romero, who identified as Black, Indigenous and Latino, was sitting in his parked Ford Thunderbird with his brother-in-law, police and court records show. The two white officers claimed that the young men seemed shocked to see them approaching and that Romero’s car was encroaching on the sidewalk, according to the officers’ depositions in a civil rights lawsuit filed by Romero’s family. Kenney also claimed that a similar vehicle had been involved in a shooting the prior month.\u003c/p>\n\u003cp>Within seconds and without exchanging a word, Kenney and Joseph exited their vehicle and started firing, according to Joseph’s deposition. Then, Kenney jumped on the hood of the Thunderbird, according to court and police records.\u003c/p>\n\u003cp>The officers fired 31 rounds in total, striking Romero, a father of one, 30 times in the face, neck, forearms, chest and left side of his body. His brother-in-law was hit once in the pelvis and survived. Officers pulled both men from the car after the shooting.\u003c/p>\n\u003cfigure id=\"attachment_11919411\" class=\"wp-caption aligncenter\" style=\"max-width: 664px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.49-PM.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11919411 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.49-PM.png\" alt=\"A black-and-white watercolor illustration of a Black man with longish hair smiling and looking up at the viewer, wearing a Black T-shirt.\" width=\"664\" height=\"948\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.49-PM.png 664w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.49-PM-160x228.png 160w\" sizes=\"(max-width: 664px) 100vw, 664px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Mario Romero \u003ccite>(Kate Copeland/ProPublica)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Joseph told detectives that Romero had briefly gotten out of the car and grabbed the butt of a gun in his waistband, though officials never found a firearm. Kenney claimed he recovered a pellet gun wedged between the rear portion of the driver’s seat and the center console. Two weeks after the incident, the officers were sent back to patrol. While police experts said many departments don’t prohibit this, they also said that having officers with open deadly force investigations go out on patrol can be dangerous for officers and community members alike.\u003c/p>\n\u003cp>It would take detectives another eight weeks to interview Romero’s three sisters, eyewitnesses in the case who contradicted the officers’ accounts. They said they never saw Romero with a firearm and that their brother remained inside the car during the incident.\u003c/p>\n\u003cp>Before those interviews happened, though, Kenney had killed again.\u003c/p>\n\u003cp>On Oct. 21, 2012, the day after Romero’s funeral, Kenney fatally shot Jeremiah Moore, the young man whose neighbor Jamie Alvarado said was unarmed. It was Kenney’s third deadly incident that year.\u003c/p>\n\u003cp>The next year, on March 20, 2013, Joseph and two others were involved in the fatal shooting of 42-year-old William Heinze, who had barricaded himself in a house with a firearm during a mental health crisis. It was Joseph’s second deadly incident in just over six months.\u003c/p>\n\u003cfigure id=\"attachment_11919412\" class=\"wp-caption aligncenter\" style=\"max-width: 664px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.57-PM.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11919412 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.57-PM.png\" alt=\"A black-and-white watercolor illustration of a middle-aged white man smiling, with his lips closed so sort of tiredly, with a trim haircut and wearing a black T-shirt.\" width=\"664\" height=\"948\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.57-PM.png 664w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.57-PM-160x228.png 160w\" sizes=\"(max-width: 664px) 100vw, 664px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">William Heinze \u003ccite>(Kate Copeland/ProPublica)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In 2014, with investigations into those two killings pending, Joseph received a departmental Life-Saving Medal for a separate event and was promoted to corporal. Kenney, with three open deadly force investigations, was awarded the Medal of Valor for his role in the Moore shooting, according to Kenney’s deposition.\u003c/p>\n\u003cp>Roughly two years after the Romero shooting, the department’s Critical Incident Review Board finally issued findings in the administrative probe. The panel is supposed to evaluate whether officers’ use of force was justified.\u003c/p>\n\u003cp>In October 2014, it flagged the officers’ tactics during the incident. The board found that Kenney placed himself in a “tactically disadvantageous position with a potentially armed subject” when he jumped on the hood of Romero’s car, and noted officers could have waited at their car for backup, records show. Nevertheless, officials noted, “The board felt that the officers relied upon their past training to successfully endure this dangerous and rapidly evolving incident.”\u003c/p>\n\u003cp>It still recommended additional training, without specifying whether the training was intended for the two officers or the department as a whole. The board then failed to forward its own completed report to supervisors for nearly a year. During that time, the city settled the lawsuit for $2 million.\u003c/p>\n\u003cp>Yet another year would pass before then-Vallejo Police Chief Andrew Bidou assessed the case for disciplinary, training and policy considerations. Bidou approved the board’s findings, but he did not take further action in the case, the files show. By then, criminal accountability had been ruled out, too. The district attorney had declined to file charges three years earlier. His report noted that Vallejo investigators had interviewed Romero’s sisters long after the incident; the prosecutor suggested that the delay made their statements less credible than the officers’ accounts. He was also missing forensic analyses that would later show that the DNA and fingerprints taken from the pellet gun could not be matched to Romero.\u003c/p>\n\u003cp>“If that investigation had been run properly, Kenney would have been off the street and he wouldn’t have killed my son,” asserted Lisa Moore, the mother of Jeremiah Moore, Kenney’s third shooting victim, about Vallejo’s handling of the case. “Four years, that’s a long time to figure out, ‘Oh, we messed up. What did we do wrong so that this doesn’t happen again?’”\u003c/p>\n\u003cp>Kenney retired from the Vallejo Police Department in 2018, after the board cleared him in the Moore shooting. He declined to comment for this story. As for Joseph, the Vallejo board ultimately flagged officers’ tactics during his second deadly incident, and recommended training. Joseph, who did not respond to requests for comment, left Vallejo in 2019 to join the nearby Fairfield Police Department, where Fairfield officials said he is currently on leave.\u003c/p>\n\u003ch2>‘With this delay, there is no justice’\u003c/h2>\n\u003cp>The review board’s actions in the Romero case were not an anomaly.\u003c/p>\n\u003cp>Made up of two to six ranked officers from within the Vallejo PD, the Critical Incident Review Board reviews an investigation, identifies whether officers violated any policies and makes recommendations to the chief, according to the department’s policy manuals. Our analysis of the 17 cases found that those reviews were consistently delayed. In 11 cases, the panel sent its report up the chain of command more than one year after the incident. And in six of those cases, the board sat on its findings for months before forwarding them, delaying the review of the chief of police, who makes the final decision on discipline, according to the analysis by Open Vallejo and ProPublica. In two cases from 2011 and 2012, the department was unable to show that a final administrative review was completed.\u003c/p>\n\u003cp>The news organizations’ analysis found that the board often cleared officers even when it noted problems with how they had handled a shooting. In fact, the CIRB never determined that any officers had violated department policies, according to the department’s records. Often, it recommended training. But in at least a few of those cases, there is no evidence in training and investigative files that the involved officers completed it.\u003c/p>\n\u003cp>In two cases in which the chief considered potential discipline, he opened yet another investigation because the board’s probe was insufficient, creating additional delays. All these delays by both the CIRB and the chief matter in part because California law gives departments only one year to impose discipline once officials learn of an incident, though that timeline is paused during a criminal investigation. (That timeframe expired in one of the 17 killings that we reviewed.)\u003c/p>\n\u003cp>Experts said Vallejo’s approach is fundamentally flawed.\u003c/p>\n\u003cp>“That’s the whole purpose of having a disciplinary process in place: to assess quickly whether or not officers have engaged in misconduct and, if they’re a threat to the public, to get them removed from the department and off the streets,” said Judge LaDoris Hazzard Cordell, a former Superior Court judge for the County of Santa Clara. From 2010 to 2015, Cordell served as the independent police auditor for the city of San José, which created the office in 1993 following the beating of Rodney King by the Los Angeles Police Department.\u003c/p>\n\u003cp>“What is happening in Vallejo is quite the opposite: It’s just delay, delay. And with this delay, there is no justice,” Cordell said.\u003c/p>\n\u003cp>Over and over, the board seemed to miss opportunities to help the department fix practices that contributed to those killings. Despite delays, the CIRB did, in fact, note plenty of problems: officers who didn’t turn on their body cameras, failed to use less lethal options, mismanaged crime scenes or did not wait for backup. But, time and again, the board reports neither called out individual officers for problematic behavior nor recommended policy changes as a result of the failures they repeatedly identified.\u003c/p>\n\u003cp>The most common problem identified by the CIRB in its reviews of killings was that officers acted without sufficient “cover,” meaning they didn’t properly use structures like cars for protection when confronting civilians, amplifying the risk to themselves and others in already-dangerous situations. When officers don’t take cover, “they put themselves in jeopardy — they create jeopardy,” said Dekmar, the former civil rights police monitor for the U.S. Department of Justice. “That results in a use of force that may have been avoided.” Investigators noted cover issues in six of Vallejo’s 17 killings since 2011.\u003c/p>\n\u003cp>It first surfaced in the 2012 case of Marshall Tobin, a 43-year-old Black man who was sitting in his car sobbing over his phone when two officers, both under deadly force investigations for prior killings, approached him. Police had received a call about an armed man in a parking lot. After Tobin emerged from his car, officers tased him and then fired at least 11 rounds at him, killing him. The officers told investigators that after he was tased, Tobin had reached for a gun in his waistband. They did not respond to requests for comment for this story.\u003c/p>\n\u003cfigure id=\"attachment_11919413\" class=\"wp-caption aligncenter\" style=\"max-width: 670px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.49.06-PM.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11919413 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.49.06-PM.png\" alt=\"A black-and-white watercolor illustration of a Black man with sort of long hair and facial stubble, wearing a light T-shirt and dark jacket. He is looking straight at the viewer, unsmiling, as if this image is taken from a driver's license photo.\" width=\"670\" height=\"954\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.49.06-PM.png 670w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.49.06-PM-160x228.png 160w\" sizes=\"(max-width: 670px) 100vw, 670px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Marshall Tobin \u003ccite>(Kate Copeland/ProPublica)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A year and a half later, the CIRB found in its review that the officers had approached Tobin on foot, “leaving the cover and concealment of the vehicles.” It recommended additional department training in how to use cover, but it did not officially flag the officers’ behavior or find that they had violated a policy. (Two months after that, one of those two officers, from inside his patrol car, shot at a Latino man fleeing a traffic stop — the officer’s third fatal incident in two years. The board approved of the shooting, and the chief cleared him.)\u003c/p>\n\u003cp>At some point after the Tobin killing, then-police chief Joseph Kreins, who reviewed seven fatal shootings between 2012 and 2014, did add a clause to the policy manual that “encouraged” officers on vehicle pursuits to “remember the importance of cover, concealment, and safe distance.” But in 2015, despite the board’s findings in the Romero and Tobin shootings, the next chief of police, Andrew Bidou, removed it. Neither Kreins nor Bidou responded to requests for comment.\u003c/p>\n\u003cp>The issue emerged again in 2017, when officers killed Jeffrey Barboa, a father of one who police said was wanted for an armed robbery. Following a high-speed pursuit that ended in a crash, Barboa had approached officers while holding a knife over his head. The officers, standing within 15 feet, did not step back, police records show. As Barboa slowly walked toward the officers, they fired approximately 50 rounds at him, hitting him at least 30 times in the chest, face, neck, arms and legs.\u003c/p>\n\u003cfigure id=\"attachment_11919414\" class=\"wp-caption aligncenter\" style=\"max-width: 664px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.49.12-PM.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11919414 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.49.12-PM.png\" alt=\"A black-and-white watercolor illustration of a middle-aged Latino man with dark hair, unsmiling, wearing a collared shirt and jacket.\" width=\"664\" height=\"946\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.49.12-PM.png 664w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.49.12-PM-160x228.png 160w\" sizes=\"(max-width: 664px) 100vw, 664px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jeffrey Barboa \u003ccite>(Kate Copeland/ProPublica)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>More than 28 months after that shooting, in December 2019, the CIRB found in its report that had the officers taken cover or put more distance between themselves and Barboa, they would have created time to communicate with him and “deploy less-lethal alternatives.” “It is this positioning that likely caused the situation to speed up,” the board wrote.\u003c/p>\n\u003cp>Nevertheless, the review board responded as it usually did: It identified no policy violation or specific officer at fault and issued a list of training recommendations with no accompanying plan to implement them. There is no evidence in the department’s reports that Vallejo officials took further action in the case.\u003c/p>\n\u003cp>\u003cem>Reporting for this project was supported by a grant from the Fund for Investigative Journalism.\u003c/em>\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://www.propublica.org/people/mariam-elba\">Mariam Elba\u003c/a> contributed research. Geoffrey King contributed reporting.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Vallejo's flawed handling of fatal police shootings allowed six officers to use deadly force again before their first cases were decided. Experts say the department's system needs oversight.","status":"publish","parent":0,"modified":1697474186,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":76,"wordCount":4811},"headData":{"title":"In Vallejo, Investigations of Police Take So Long, Officers Kill Again Before Reviews Are Done | KQED","description":"Vallejo's flawed handling of fatal police shootings allowed six officers to use deadly force again before their first cases were decided. Experts say the department's system needs oversight.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"In Vallejo, Investigations of Police Take So Long, Officers Kill Again Before Reviews Are Done","datePublished":"2022-07-13T12:00:32.000Z","dateModified":"2023-10-16T16:36:26.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"source":"ProPublica","sourceUrl":"https://www.propublica.org","nprByline":"\u003ca href=\"https://openvallejo.org\">Laurence Du Sault, Open Vallejo\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11919385/in-vallejo-investigations-of-police-take-so-long-officers-kill-again-before-reviews-are-done","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>This article was produced for ProPublica’s Local Reporting Network in partnership with \u003ca href=\"https://openvallejo.org/\">Open Vallejo\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>Around dinner time on Feb. 13, 2018, Ronell Foster was riding his bike on a wide road that runs through the historic downtown of Vallejo, California. The 33-year-old did not own a car, and cycled nearly everywhere he went around his hometown, often flanked by his teenage son and 5-year-old daughter.\u003c/p>\n\u003cp>But that night, Foster was riding alone, swerving in and out of traffic lanes without a bike light, and caught the attention of officer Ryan McMahon, who pursued Foster in his car. Foster hit the brakes, and McMahon ordered him to “come over and sit in front of my car,” according to the officer’s deposition in a civil rights lawsuit filed by Foster’s family.\u003c/p>\n\u003cp>“Stop messing with me,” Foster responded before taking off on his bike in the opposite direction, McMahon recalled in his deposition testimony. The officer got back in his car and chased him down.\u003c/p>\n\u003cp>Foster soon fell from his bike and ran away. When McMahon continued the chase on foot, Vallejo policy required him to notify the department by radio. But that’s not what he did. Instead, he left his patrol car and followed Foster toward a dark walkway between two houses.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘This isn’t accepted practice. This isn’t even basement standard practice. Any agency that takes that long is saying that this isn’t a priority.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Louis Dekmar, police chief, LaGrange, Georgia, and former civil rights police monitor, US Department of Justice","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>As they ran, McMahon tased the African American man in the back without a warning, although officers are required to give one unless it puts them in danger. The officer later said he did so in part because he saw Foster grabbing his pants, causing him to think Foster had a firearm. Foster, who was unarmed, kept running but fell. As he tried to get up, McMahon pushed him, causing Foster to fall down a small flight of cement stairs, the officer testified in the lawsuit. McMahon then straddled his back.\u003c/p>\n\u003cp>Body camera footage shows Foster lying on the pavement without fighting back when McMahon, standing next to him, fired his Taser once more. Then the officer struck Foster in the head and body with a 13-inch metal flashlight, Foster’s family alleged in court records. As McMahon swung to hit again, Foster caught the flashlight and tried to get up.\u003c/p>\n\u003cp>While some facts of the case are disputed, what happened next is not: McMahon shot Foster seven times. Autopsy records show he hit Foster once in the head, four times in the back and twice on the left side of his body, killing him.\u003c/p>\n\u003cp>“It’s all good,” McMahon said as backup arrived minutes later. “He’s down. He’s down.”\u003c/p>\n\u003cfigure id=\"attachment_11919407\" class=\"wp-caption aligncenter\" style=\"max-width: 678px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.10-PM.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11919407 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.10-PM.png\" alt=\"A black-and-white watercolor illustration of a Black man smiling and wearing a beanie and hoodie.\" width=\"678\" height=\"970\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.10-PM.png 678w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.10-PM-160x229.png 160w\" sizes=\"(max-width: 678px) 100vw, 678px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ronell Foster \u003ccite>(Kate Copeland/ProPublica)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A diverse waterfront city of 125,000 located in the San Francisco Bay Area, Vallejo has garnered \u003ca href=\"https://www.nytimes.com/2019/02/21/us/willie-mccoy-police-shooting.html\">national attention\u003c/a> in recent years for its \u003ca href=\"https://www.newyorker.com/magazine/2020/11/23/how-a-deadly-police-force-ruled-a-city\">rate of police killings\u003c/a>, which far outpaces those of all but two California cities, San Bernardino and South Gate, according to \u003ca href=\"https://www.nbcbayarea.com/news/local/vallejo-police-highest-rate-of-residents-shot-per-capita-in-northern-california-nbc-bay-area-probes-causes/190344/\">a 2019 NBC Bay Area report\u003c/a>. Eight families of people killed by police over the last decade have filed civil suits against Vallejo, which has paid out more than $8.3 million in settlements so far, with three cases ongoing. (The single largest settlement, $5.7 million, went to the Foster family.) In July 2020, Open Vallejo exposed a tradition in which \u003ca href=\"https://openvallejo.org/2020/07/28/vallejo-police-bend-badge-tips-to-mark-fatal-shootings/\">officers bent their badges to mark their fatal shootings\u003c/a>.\u003c/p>\n\u003cp>Now, Open Vallejo and ProPublica have looked at what happens inside the department after those killings occur, examining more than 15,000 pages of police, forensic and court files related to the city’s 17 fatal police shootings since 2011. Based on records that emerged after dozens of public records requests and two lawsuits filed by Open Vallejo, the news organizations found a pattern of delayed and incomplete investigations, with dire consequences.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Posts ","link1":"https://www.kqed.org/vallejopolicing, The Fight Against Policing in Vallejo"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>In the Foster case, when top department leadership ultimately reviewed reports and evidence more than a year and a half after Foster was killed, it found McMahon had violated department policies — both by pursuing Foster on foot without notifying the department and without backup and by failing to turn on his body camera before using deadly force. (While McMahon only turned on his body camera after he fired, the camera is designed to automatically capture 30 seconds of preactivation footage.)\u003c/p>\n\u003cp>“Officer McMahon failed to recognize his safety and the safety of the suspect Ronnell Foster outweighed apprehension for a minor traffic/pedestrian violation,” then-police chief Joseph Allio wrote in a memorandum. Allio ordered that McMahon “attend a 1 to 3-day course on officer safety and tactics focusing on critical incidents.”\u003c/p>\n\u003cp>But by the time that training was ordered, the officer had been involved in the killing of another African American man.\u003c/p>\n\u003cp>According to our first-of-its-kind review of Vallejo’s investigations of police killings, six of the department’s 17 fatal shootings between 2011 and 2020 involved an officer using deadly force while still under investigation for a prior killing. In three of those cases, including McMahon’s, department officials noted officers’ initial mistakes in their reports, but not until after their second killing. In all three, the investigation into the second killing also revealed significant tactical errors, like not considering the use of nonlethal weapons. In one case, officials identified the same mistake in two killings involving the same officer.\u003c/p>\n\u003ch2>Investigations into police killings were ongoing when the same officers used deadly force again\u003c/h2>\n\u003cp>Vallejo’s reviews of police killings have dragged on for years. Six times since 2011, the incident was still under review when the same officer was involved in another fatal encounter.\u003c/p>\n\u003cfigure id=\"attachment_11919408\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220627-openvallejo-desktop.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11919408\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220627-openvallejo-desktop-800x598.png\" alt=\"A graph.\" width=\"800\" height=\"598\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220627-openvallejo-desktop-800x598.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220627-openvallejo-desktop-1020x762.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220627-openvallejo-desktop-160x120.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220627-openvallejo-desktop-1536x1148.png 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220627-openvallejo-desktop-1920x1435.png 1920w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220627-openvallejo-desktop.png 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Note: The Vallejo Police Department was unable to produce a final administrative report for the killings of Sherman Peacock and Peter Mestler. The end date for the investigations into those two killings reflects the district attorney’s final review of each case. All officers either declined to comment or did not respond to requests for comment for this story. \u003ccite>(Lucas Waldron/ProPublica)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The news organizations also found that the department consistently failed to properly complete essential investigative tasks and took more than a year on average to close its administrative investigations of fatal shootings — methods that experts say are at odds with best practices promoted by the U.S. Department of Justice and used by police agencies around the country.\u003c/p>\n\u003cp>“This isn’t accepted practice. This isn’t even basement standard practice,” said Louis Dekmar, the police chief in LaGrange, Georgia, since 1995, and a former civil rights police monitor for the U.S. Department of Justice. “Any agency that takes that long is saying that this isn’t a priority.”\u003c/p>\n\u003cp>Officials in the Foster case mishandled a crucial piece of evidence, police records show, then took months to request that the crime lab analyze it for fingerprints. Nineteen months passed between the killing and the submission of investigative findings to the police chief. Only then was the chief able to fully assess the case and consider discipline for that shooting. McMahon later testified that he feared for his life and that Foster, holding the flashlight, faced him “in a boxer type stance.” But body camera footage does not support the officer’s claim that Foster was facing him, and an expert for Foster’s family who reviewed enhanced footage and other forensic evidence concluded that Foster had immediately turned away. McMahon remained on the job, and was later fired over his involvement in the killing of another man, during which, a department investigation found, he endangered a fellow officer by shooting from behind him. He did not respond to requests for comment for this story.\u003c/p>\n\u003cp>In a March phone call, Shawny Williams, Vallejo’s police chief since November 2019, agreed to an interview but declined to schedule it; after we shared our findings with the department in writing, he provided a statement that pointed to recent administrative changes, like implementing a yearly crisis intervention training and requiring officers to use deescalation tactics when possible before engaging with a suspect. Williams also noted proposed reforms to how the department investigates its fatal shootings — some of which mirror recommendations first made to the department by a law enforcement consultant two years ago. Among them: a deadline for officials to produce their findings once all the evidence has been gathered.\u003c/p>\n\u003cp>Williams declined to answer questions about any specific cases.\u003c/p>\n\u003cp>“While I cannot comment on critical incidents which occurred prior to my arrival, or on ongoing matters, I can confirm that overall, the VPD continues the process of implementing police reforms,” the chief wrote. “All the above changes are designed to create enhanced internal accountability and will provide a more transparent process for our department and the community.”\u003c/p>\n\u003ch2>‘A remarkable amount of incompetence’\u003c/h2>\n\u003cp>While there is no universal timeline for internal investigations, guidelines developed for the Department of Justice by a group of local police officials say departments should, at minimum, complete their probes before any statute of limitations on officer discipline expires (one year, in California, with some exceptions). \u003ca href=\"https://cops.usdoj.gov/ric/Publications/cops-p164-pub.pdf\">“It is preferable,” the group wrote, “to conclude investigations within 180 days.”\u003c/a>\u003c/p>\n\u003cp>But in some of the DOJ’s own reviews of police departments across the country, it has pushed for even shorter deadlines when it comes to investigating an officer’s use of force, including fatal shootings.\u003c/p>\n\u003cp>In 2012, for example, the Justice Department mandated that the East Haven Police Department in Connecticut complete deadly force investigations within 60 days and forward a report to the chief, who has 45 days to complete the review. And in 2014, the DOJ required a similar deadline in Albuquerque for reviews of serious uses of force.\u003c/p>\n\u003cp>But in Vallejo, Open Vallejo and ProPublica found that the police department has taken an average of 20 months to review fatal shootings, from the time of a police killing to the date a chief signed off on the investigation.\u003c/p>\n\u003cp>A number of mistakes drove delays in Vallejo and undermined the integrity of investigations. One core problem: Some witnesses to killings reported long delays before officers took their statements.\u003c/p>\n\u003cp>That’s what happened in 2012, after Jaime Alvarado and his wife, Rocio Alvarado, said \u003ca href=\"https://www.buzzfeed.com/albertsamaha/three-shootings-in-vallejo\">they witnessed Vallejo police shoot their neighbor Jeremiah Moore\u003c/a>, a young man whose mother said he was on the autism spectrum.\u003c/p>\n\u003cp>Police had responded to 911 calls about loud noises coming from Moore’s home, including the sound of glass breaking. Although officers and an intoxicated witness later claimed Moore had been armed with a .22-caliber rifle, Jaime Alvarado said Moore was naked and unarmed, with his hands up and shaking from fright, when he was shot and killed by Vallejo officer Sean Kenney. (A forensic analysis could not find Moore’s fingerprints on the rifle, which was recovered in his home, while a later one found small traces of his blood on it.)\u003c/p>\n\u003cfigure id=\"attachment_11919410\" class=\"wp-caption aligncenter\" style=\"max-width: 666px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.37-PM.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11919410 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.37-PM.png\" alt=\"A black-and-white watercolor illustration of a white man smiling broadly as if laughing, with a goatee, beard, baseball cap, and baggy T-shirt.\" width=\"666\" height=\"954\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.37-PM.png 666w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.37-PM-160x229.png 160w\" sizes=\"(max-width: 666px) 100vw, 666px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jeremiah Moore \u003ccite>(Kate Copeland/ProPublica)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Alvarado said he tried to approach a Vallejo officer a few hours after he saw the killing through his second-floor window, but was told that “we don’t have time to talk” and to “get inside the house.” No one from the department tried to contact him after that, he said.\u003c/p>\n\u003cp>“They would not pay attention to me,” Alvarado told Open Vallejo and ProPublica.\u003c/p>\n\u003cp>According to Alvarado, detectives didn’t take his statement until several months later, after an attorney hired by Moore’s family to sue the city facilitated the interview. Yet there is no record of that interview in Vallejo’s case file, and the department ultimately cleared the officer in the killing. Neither the Moore family attorney nor the police department responded to questions about Alvarado’s account. The Moore family’s lawsuit was settled in 2016 for $250,000.\u003c/p>\n\u003cp>It was one of three investigations among the 17 killings in which Vallejo detectives interviewed one or more eyewitnesses months later or did not interview them at all, despite a county policy that states department officials are responsible for “immediately” securing crime scenes, including identifying and sequestering witnesses in order to obtain their statements. In each of these cases, the witnesses’ accounts directly contradicted claims by police that the victims had been armed.\u003c/p>\n\u003cp>But it was not the only type of delay. In 11 of the 17 cases, investigators did not meet a 30-day goal set by the county to complete their reports. Detectives often took even longer to request analysis on important evidence, such as bullets fired by officers, fingerprinting, DNA samples and weapons allegedly carried by the victims. In six investigations, Vallejo sent requests for evidence testing to a crime lab half a year or more following the killings. In most of those cases, the delayed analyses appear to have hampered the investigations or led to cases being closed by investigators before some forensic reports could be included.\u003c/p>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220701-vallejo-investigative-missteps-mobile.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"aligncenter size-medium wp-image-11919415\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220701-vallejo-investigative-missteps-mobile-800x964.png\" alt=\"A graph.\" width=\"800\" height=\"964\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220701-vallejo-investigative-missteps-mobile-800x964.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220701-vallejo-investigative-missteps-mobile-1020x1229.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220701-vallejo-investigative-missteps-mobile-160x193.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220701-vallejo-investigative-missteps-mobile.png 1260w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003c/p>\n\u003cp>In Foster’s case, detectives didn’t seek fingerprint testing of the flashlight that McMahon claimed Foster used as a weapon until eight months after the killing. When they finally made a request, the lab could not find Foster’s fingerprints. Experts say \u003ca href=\"https://www.researchgate.net/publication/233901042_Determination_of_latent_fingerprint_degradation_patterns_-_A_real_fieldwork_study\">long delays can cause biological evidence to degrade\u003c/a>.\u003c/p>\n\u003cp>“The consequences of delayed resolutions of investigations are severe,” the Justice Department wrote in its \u003ca href=\"https://www.justice.gov/opa/file/925846/download\">investigation of the Chicago Police Department in 2017\u003c/a>, triggered after a white officer fatally shot Black teenager Laquan McDonald. “Memories fade, evidence is lost, and investigators may not be able to locate those crucial witnesses needed to determine whether misconduct has occurred.”\u003c/p>\n\u003cp>For years, the Solano County district attorney’s office based their decisions about whether to charge Vallejo police officers primarily on evidence gathered by Vallejo officials. This made some of the detectives’ missteps especially meaningful. For example, in three of the killings from 2012, prosecutors cleared officers before all the evidence in the case had been analyzed by forensic experts.\u003c/p>\n\u003cp>“Either there is a remarkable amount of incompetence or it’s malicious,” said Seth Stoughton, a professor at the University of South Carolina School of Law and former Florida police officer, about the Vallejo Police Department. “Neither should be acceptable.” Stoughton testified as a national police standards expert for the prosecution in the trial of former Minneapolis police officer Derek Chauvin, who was convicted of the murder of George Floyd.\u003c/p>\n\u003cp>Williams, the Vallejo police chief, declined to answer specific questions about the numerous delays.\u003c/p>\n\u003cp>Solano County’s current district attorney, Krishna Abrams, who took office shortly after the officer involved in the Moore shooting was cleared, also declined to comment on the findings of this investigation.\u003c/p>\n\u003cp>However, Abrams wrote in a statement that her office has continued to make it a priority to use best practices for investigating officer-involved fatal incidents. She pointed to rule changes from 2020 that require that future investigations of Vallejo killings involve criminal investigators from other departments in the county. She did not comment, however, on another rule change made that year that removed a 30-day target for detectives to complete their reports.\u003c/p>\n\u003ch2>While investigations drag, officers kill again\u003c/h2>\n\u003cp>As Vallejo’s investigations dragged on, sometimes for years, officers who had killed patrolled the city’s streets, their mistakes unaddressed. In three cases, department officials flagged officers’ actions only after they were involved in another killing, police records show.\u003c/p>\n\u003cp>Officer Sean Kenney killed Anton Barrett in May 2012. Kenney was still under investigation for that shooting when, on the morning of Sept. 2, 2012, he and his partner, Dustin Joseph, pulled up in front of the home of a man named Mario Romero. Romero, who identified as Black, Indigenous and Latino, was sitting in his parked Ford Thunderbird with his brother-in-law, police and court records show. The two white officers claimed that the young men seemed shocked to see them approaching and that Romero’s car was encroaching on the sidewalk, according to the officers’ depositions in a civil rights lawsuit filed by Romero’s family. Kenney also claimed that a similar vehicle had been involved in a shooting the prior month.\u003c/p>\n\u003cp>Within seconds and without exchanging a word, Kenney and Joseph exited their vehicle and started firing, according to Joseph’s deposition. Then, Kenney jumped on the hood of the Thunderbird, according to court and police records.\u003c/p>\n\u003cp>The officers fired 31 rounds in total, striking Romero, a father of one, 30 times in the face, neck, forearms, chest and left side of his body. His brother-in-law was hit once in the pelvis and survived. Officers pulled both men from the car after the shooting.\u003c/p>\n\u003cfigure id=\"attachment_11919411\" class=\"wp-caption aligncenter\" style=\"max-width: 664px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.49-PM.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11919411 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.49-PM.png\" alt=\"A black-and-white watercolor illustration of a Black man with longish hair smiling and looking up at the viewer, wearing a Black T-shirt.\" width=\"664\" height=\"948\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.49-PM.png 664w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.49-PM-160x228.png 160w\" sizes=\"(max-width: 664px) 100vw, 664px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Mario Romero \u003ccite>(Kate Copeland/ProPublica)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Joseph told detectives that Romero had briefly gotten out of the car and grabbed the butt of a gun in his waistband, though officials never found a firearm. Kenney claimed he recovered a pellet gun wedged between the rear portion of the driver’s seat and the center console. Two weeks after the incident, the officers were sent back to patrol. While police experts said many departments don’t prohibit this, they also said that having officers with open deadly force investigations go out on patrol can be dangerous for officers and community members alike.\u003c/p>\n\u003cp>It would take detectives another eight weeks to interview Romero’s three sisters, eyewitnesses in the case who contradicted the officers’ accounts. They said they never saw Romero with a firearm and that their brother remained inside the car during the incident.\u003c/p>\n\u003cp>Before those interviews happened, though, Kenney had killed again.\u003c/p>\n\u003cp>On Oct. 21, 2012, the day after Romero’s funeral, Kenney fatally shot Jeremiah Moore, the young man whose neighbor Jamie Alvarado said was unarmed. It was Kenney’s third deadly incident that year.\u003c/p>\n\u003cp>The next year, on March 20, 2013, Joseph and two others were involved in the fatal shooting of 42-year-old William Heinze, who had barricaded himself in a house with a firearm during a mental health crisis. It was Joseph’s second deadly incident in just over six months.\u003c/p>\n\u003cfigure id=\"attachment_11919412\" class=\"wp-caption aligncenter\" style=\"max-width: 664px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.57-PM.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11919412 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.57-PM.png\" alt=\"A black-and-white watercolor illustration of a middle-aged white man smiling, with his lips closed so sort of tiredly, with a trim haircut and wearing a black T-shirt.\" width=\"664\" height=\"948\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.57-PM.png 664w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.57-PM-160x228.png 160w\" sizes=\"(max-width: 664px) 100vw, 664px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">William Heinze \u003ccite>(Kate Copeland/ProPublica)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In 2014, with investigations into those two killings pending, Joseph received a departmental Life-Saving Medal for a separate event and was promoted to corporal. Kenney, with three open deadly force investigations, was awarded the Medal of Valor for his role in the Moore shooting, according to Kenney’s deposition.\u003c/p>\n\u003cp>Roughly two years after the Romero shooting, the department’s Critical Incident Review Board finally issued findings in the administrative probe. The panel is supposed to evaluate whether officers’ use of force was justified.\u003c/p>\n\u003cp>In October 2014, it flagged the officers’ tactics during the incident. The board found that Kenney placed himself in a “tactically disadvantageous position with a potentially armed subject” when he jumped on the hood of Romero’s car, and noted officers could have waited at their car for backup, records show. Nevertheless, officials noted, “The board felt that the officers relied upon their past training to successfully endure this dangerous and rapidly evolving incident.”\u003c/p>\n\u003cp>It still recommended additional training, without specifying whether the training was intended for the two officers or the department as a whole. The board then failed to forward its own completed report to supervisors for nearly a year. During that time, the city settled the lawsuit for $2 million.\u003c/p>\n\u003cp>Yet another year would pass before then-Vallejo Police Chief Andrew Bidou assessed the case for disciplinary, training and policy considerations. Bidou approved the board’s findings, but he did not take further action in the case, the files show. By then, criminal accountability had been ruled out, too. The district attorney had declined to file charges three years earlier. His report noted that Vallejo investigators had interviewed Romero’s sisters long after the incident; the prosecutor suggested that the delay made their statements less credible than the officers’ accounts. He was also missing forensic analyses that would later show that the DNA and fingerprints taken from the pellet gun could not be matched to Romero.\u003c/p>\n\u003cp>“If that investigation had been run properly, Kenney would have been off the street and he wouldn’t have killed my son,” asserted Lisa Moore, the mother of Jeremiah Moore, Kenney’s third shooting victim, about Vallejo’s handling of the case. “Four years, that’s a long time to figure out, ‘Oh, we messed up. What did we do wrong so that this doesn’t happen again?’”\u003c/p>\n\u003cp>Kenney retired from the Vallejo Police Department in 2018, after the board cleared him in the Moore shooting. He declined to comment for this story. As for Joseph, the Vallejo board ultimately flagged officers’ tactics during his second deadly incident, and recommended training. Joseph, who did not respond to requests for comment, left Vallejo in 2019 to join the nearby Fairfield Police Department, where Fairfield officials said he is currently on leave.\u003c/p>\n\u003ch2>‘With this delay, there is no justice’\u003c/h2>\n\u003cp>The review board’s actions in the Romero case were not an anomaly.\u003c/p>\n\u003cp>Made up of two to six ranked officers from within the Vallejo PD, the Critical Incident Review Board reviews an investigation, identifies whether officers violated any policies and makes recommendations to the chief, according to the department’s policy manuals. Our analysis of the 17 cases found that those reviews were consistently delayed. In 11 cases, the panel sent its report up the chain of command more than one year after the incident. And in six of those cases, the board sat on its findings for months before forwarding them, delaying the review of the chief of police, who makes the final decision on discipline, according to the analysis by Open Vallejo and ProPublica. In two cases from 2011 and 2012, the department was unable to show that a final administrative review was completed.\u003c/p>\n\u003cp>The news organizations’ analysis found that the board often cleared officers even when it noted problems with how they had handled a shooting. In fact, the CIRB never determined that any officers had violated department policies, according to the department’s records. Often, it recommended training. But in at least a few of those cases, there is no evidence in training and investigative files that the involved officers completed it.\u003c/p>\n\u003cp>In two cases in which the chief considered potential discipline, he opened yet another investigation because the board’s probe was insufficient, creating additional delays. All these delays by both the CIRB and the chief matter in part because California law gives departments only one year to impose discipline once officials learn of an incident, though that timeline is paused during a criminal investigation. (That timeframe expired in one of the 17 killings that we reviewed.)\u003c/p>\n\u003cp>Experts said Vallejo’s approach is fundamentally flawed.\u003c/p>\n\u003cp>“That’s the whole purpose of having a disciplinary process in place: to assess quickly whether or not officers have engaged in misconduct and, if they’re a threat to the public, to get them removed from the department and off the streets,” said Judge LaDoris Hazzard Cordell, a former Superior Court judge for the County of Santa Clara. From 2010 to 2015, Cordell served as the independent police auditor for the city of San José, which created the office in 1993 following the beating of Rodney King by the Los Angeles Police Department.\u003c/p>\n\u003cp>“What is happening in Vallejo is quite the opposite: It’s just delay, delay. And with this delay, there is no justice,” Cordell said.\u003c/p>\n\u003cp>Over and over, the board seemed to miss opportunities to help the department fix practices that contributed to those killings. Despite delays, the CIRB did, in fact, note plenty of problems: officers who didn’t turn on their body cameras, failed to use less lethal options, mismanaged crime scenes or did not wait for backup. But, time and again, the board reports neither called out individual officers for problematic behavior nor recommended policy changes as a result of the failures they repeatedly identified.\u003c/p>\n\u003cp>The most common problem identified by the CIRB in its reviews of killings was that officers acted without sufficient “cover,” meaning they didn’t properly use structures like cars for protection when confronting civilians, amplifying the risk to themselves and others in already-dangerous situations. When officers don’t take cover, “they put themselves in jeopardy — they create jeopardy,” said Dekmar, the former civil rights police monitor for the U.S. Department of Justice. “That results in a use of force that may have been avoided.” Investigators noted cover issues in six of Vallejo’s 17 killings since 2011.\u003c/p>\n\u003cp>It first surfaced in the 2012 case of Marshall Tobin, a 43-year-old Black man who was sitting in his car sobbing over his phone when two officers, both under deadly force investigations for prior killings, approached him. Police had received a call about an armed man in a parking lot. After Tobin emerged from his car, officers tased him and then fired at least 11 rounds at him, killing him. The officers told investigators that after he was tased, Tobin had reached for a gun in his waistband. They did not respond to requests for comment for this story.\u003c/p>\n\u003cfigure id=\"attachment_11919413\" class=\"wp-caption aligncenter\" style=\"max-width: 670px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.49.06-PM.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11919413 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.49.06-PM.png\" alt=\"A black-and-white watercolor illustration of a Black man with sort of long hair and facial stubble, wearing a light T-shirt and dark jacket. He is looking straight at the viewer, unsmiling, as if this image is taken from a driver's license photo.\" width=\"670\" height=\"954\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.49.06-PM.png 670w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.49.06-PM-160x228.png 160w\" sizes=\"(max-width: 670px) 100vw, 670px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Marshall Tobin \u003ccite>(Kate Copeland/ProPublica)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A year and a half later, the CIRB found in its review that the officers had approached Tobin on foot, “leaving the cover and concealment of the vehicles.” It recommended additional department training in how to use cover, but it did not officially flag the officers’ behavior or find that they had violated a policy. (Two months after that, one of those two officers, from inside his patrol car, shot at a Latino man fleeing a traffic stop — the officer’s third fatal incident in two years. The board approved of the shooting, and the chief cleared him.)\u003c/p>\n\u003cp>At some point after the Tobin killing, then-police chief Joseph Kreins, who reviewed seven fatal shootings between 2012 and 2014, did add a clause to the policy manual that “encouraged” officers on vehicle pursuits to “remember the importance of cover, concealment, and safe distance.” But in 2015, despite the board’s findings in the Romero and Tobin shootings, the next chief of police, Andrew Bidou, removed it. Neither Kreins nor Bidou responded to requests for comment.\u003c/p>\n\u003cp>The issue emerged again in 2017, when officers killed Jeffrey Barboa, a father of one who police said was wanted for an armed robbery. Following a high-speed pursuit that ended in a crash, Barboa had approached officers while holding a knife over his head. The officers, standing within 15 feet, did not step back, police records show. As Barboa slowly walked toward the officers, they fired approximately 50 rounds at him, hitting him at least 30 times in the chest, face, neck, arms and legs.\u003c/p>\n\u003cfigure id=\"attachment_11919414\" class=\"wp-caption aligncenter\" style=\"max-width: 664px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.49.12-PM.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11919414 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.49.12-PM.png\" alt=\"A black-and-white watercolor illustration of a middle-aged Latino man with dark hair, unsmiling, wearing a collared shirt and jacket.\" width=\"664\" height=\"946\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.49.12-PM.png 664w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.49.12-PM-160x228.png 160w\" sizes=\"(max-width: 664px) 100vw, 664px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jeffrey Barboa \u003ccite>(Kate Copeland/ProPublica)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>More than 28 months after that shooting, in December 2019, the CIRB found in its report that had the officers taken cover or put more distance between themselves and Barboa, they would have created time to communicate with him and “deploy less-lethal alternatives.” “It is this positioning that likely caused the situation to speed up,” the board wrote.\u003c/p>\n\u003cp>Nevertheless, the review board responded as it usually did: It identified no policy violation or specific officer at fault and issued a list of training recommendations with no accompanying plan to implement them. There is no evidence in the department’s reports that Vallejo officials took further action in the case.\u003c/p>\n\u003cp>\u003cem>Reporting for this project was supported by a grant from the Fund for Investigative Journalism.\u003c/em>\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://www.propublica.org/people/mariam-elba\">Mariam Elba\u003c/a> contributed research. Geoffrey King contributed reporting.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11919385/in-vallejo-investigations-of-police-take-so-long-officers-kill-again-before-reviews-are-done","authors":["byline_news_11919385"],"categories":["news_6188","news_8"],"tags":["news_27626","news_28089","news_20081","news_4379","news_4537","news_273","news_25344","news_26464"],"featImg":"news_11875300","label":"source_news_11919385"},"news_136879":{"type":"posts","id":"news_136879","meta":{"index":"posts_1591205157","site":"news","id":"136879","score":null,"sort":[1400857687000]},"guestAuthors":[],"slug":"open-records-proposition-would-simply-shift-who-foots-the-bill","title":"Open Records Proposition Would Simply Shift Who Foots the Bill","publishDate":1400857687,"format":"aside","headTitle":"California Election Watch 2014 | News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>\u003ca href=\"http://ww2.kqed.org/news/series/prop-guide-ca-june-2014/\">Proposition 42\u003c/a> is being framed as a way to strengthen California’s open records laws. “Without Prop. 42, Californians will never fully know what’s happening at local governments and agencies, most of which have multimillion-dollar budgets,” says\u003ca href=\"http://www.publicrighttoknow.org/\"> the website created to publicize the measure\u003c/a>.\u003c/p>\n\u003cfigure id=\"attachment_136897\" class=\"wp-caption alignright\" style=\"max-width: 350px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/RS10516_photo-lpr1.jpg\">\u003cimg class=\"wp-image-136897\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/RS10516_photo-lpr1-640x480.jpg\" alt=\"San Francisco Fire Department fire investigation report. (Lisa Pickoff-White/KQED)\" width=\"350\" height=\"263\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Francisco Fire Department fire investigation report. (Lisa Pickoff-White/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>But the measure has nothing to do with access to information. Instead, it’s all about who pays the costs for records requests.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/series/prop-guide-ca-june-2014/\">Prop. 42\u003c/a> is a constitutional amendment borne out of a political miscalculation.\u003c/p>\n\u003cp>It stems back to last year’s state budget, when lawmakers voted to eliminate a handful of open records requirements for local governments, and instead turn them into suggestions. Since advocates, reporters and other government-watchers often use the law to pry government information out of officials who would otherwise never turn it over, changing requirements into suggestions didn’t sit too well.\u003ca href=\"http://ww2.kqed.org/news/california-public-records-act-controversy\"> An uproar ensued, mostly from the press\u003c/a>. Newspaper editorial after newspaper editorial blasted the move.\u003c/p>\n\u003cp>The Legislature quickly backtracked \u003ca href=\"http://ww2.kqed.org/news/2013/06/20/california-assembly-turns-back-time-votes-to-un-do-open-records-change/\">and the bill never became law\u003c/a>, even though Senate leaders like Mark Leno, who chairs the budget committee, insisted the whole thing was being mischaracterized. “I just want to reiterate that the actions that we took on AB76 did not touch the core principles of the California Public Records Act, which all of us in this room treasure and value,” he told reporters last June.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The Democrat said the move had nothing to do with access to records, and everything to do with who foots the bill. He and the other lawmakers who help craft California’s budget were tired of the state paying the cost for local governments’ public records responses.\u003c/p>\n\u003cp>”If you come to a state agency and request a public record, it’s appropriate the state would incur the cost to provide that to you,” said Leno. “But if you are requesting of a city or a county, or a water agency for a public document, it’s appropriate that that agency which is receiving the request should be responsible for the cost of compliance.”\u003c/p>\n\u003cp>So, \u003ca href=\"http://ww2.kqed.org/news/series/prop-guide-ca-june-2014/\">Prop 42\u003c/a>, which Leno introduced in the Senate, was the solution — it would change the state constitution to make it clear that local governments foot the full bill for their open records costs.\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"http://ww2.kqed.org/news/series/prop-guide-ca-june-2014/\">Check out\u003c/a> KQED's guide to the propositions on the June ballot.\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>A Question of Mandates\u003c/strong>\u003c/p>\n\u003cp>Why was the state responsible for these costs to begin with? It goes back to a 30-year-old constitutional change saying that whenever the state requires local governments to do something, it has to pay for the cost. The initial public records act was passed before that, so local governments were already paying for the bulk of their responses to records requests.\u003c/p>\n\u003cp>But when the state made a series of tweaks in the early 2000s, including requirements that local governments respond to requests within 10 days and actively assist people looking for records, it had to pay for those costs. It’s really not a whole lot of activity. “They’re limited to things like computer programming to extract the data, and providing and actually drafting correspondence, and clarifying requests,” said Paul Okada, who works in the San Mateo County Counsel’s Office. Lawyers there process about 100 requests a year.\u003c/p>\n\u003cp>[contextly_sidebar id=\"d230f7ab82f43ab61d72f621b4e7ddbe\"]\u003c/p>\n\u003cp>The county billed the state about $38,000 for its open records work last year. It has asked for about $400,000 over the past decade, making San Mateo one of the more expensive local governments when it comes to open records costs.\u003c/p>\n\u003cp>Altogether, \u003ca href=\"http://www.csm.ca.gov/pendingclaims/docs/cpra/doc168.pdf\">local governments have asked California for $9.5 million over the course of a decade\u003c/a>. In a budget that spends $100 billion a year, that’s really pocket change. Leno views it another way – as funding that could have gone elsewhere. “The social services that don’t get provided, for lack of $10 or $20 million in our general fund,” he said. “The reinvestment in our court system.”\u003c/p>\n\u003cp>And Leno points out only a small fraction of local governments have been submitting bills to the state’s Commission on Mandates. If every local government did it, the cost estimate shoots up to “tens of millions of dollars a year,” according to the Legislative Analyst’s Office.\u003c/p>\n\u003cp>\u003cstrong>A Weak Open Records Law\u003c/strong>\u003c/p>\n\u003cp>But here’s the thing – whether or not \u003ca href=\"http://ww2.kqed.org/news/series/prop-guide-ca-june-2014/\">Prop. 42\u003c/a> passes, California’s open records law will remain the same. And according to Peter Scheer \u003ca href=\"http://firstamendmentcoalition.org/\">of the First Amendment Coalition\u003c/a>, it isn’t too strong. “Unfortunately, California, which once was a leader when it comes to open records laws, is now a follower,” he said. “In fact it’s really at the very bottom of the pack, in my view.”\u003c/p>\n\u003cp>When the Center for Public Integrity graded all the states a couple years ago,\u003ca href=\"http://www.stateintegrity.org/california_survey_public_access_to_information\"> California got a D- on access to public records\u003c/a>. That’s because of a number of weaknesses, including no agency directly responsible for enforcing and overseeing records requests. (If an agency denies or delays your records request, your only recourse is a lawsuit.) Scheer said the low grade is also due to scores and scores of exemptions in the law, including one measure barring access to government health care contracts. “All of that information – even though it involves billions of dollars state and local governments are paying to third parties – those contracts are exempt. Completely secret.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Scheer pointed out the list of exemptions is actually longer than the rest of the law’s text. \u003ca href=\"http://ww2.kqed.org/news/series/prop-guide-ca-june-2014/\">Prop. 42\u003c/a> wouldn’t eliminate any of them – it would only change who pays for responses.\u003c/p>\n\n","blocks":[],"excerpt":"Prop. 42 has nothing to do with access to information; it's about who is paying for record requests.","status":"publish","parent":0,"modified":1400859043,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":22,"wordCount":992},"headData":{"title":"Open Records Proposition Would Simply Shift Who Foots the Bill | KQED","description":"Prop. 42 has nothing to do with access to information; it's about who is paying for record requests.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Open Records Proposition Would Simply Shift Who Foots the Bill","datePublished":"2014-05-23T15:08:07.000Z","dateModified":"2014-05-23T15:30:43.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"136879 http://ww2.kqed.org/news/?p=136879","disqusUrl":"https://ww2.kqed.org/news/2014/05/23/open-records-proposition-would-simply-shift-who-foots-the-bill/","disqusTitle":"Open Records Proposition Would Simply Shift Who Foots the Bill","customPermalink":"2014/05/23/prop-42-would-change-who-pays/","path":"/news/136879/open-records-proposition-would-simply-shift-who-foots-the-bill","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"http://ww2.kqed.org/news/series/prop-guide-ca-june-2014/\">Proposition 42\u003c/a> is being framed as a way to strengthen California’s open records laws. “Without Prop. 42, Californians will never fully know what’s happening at local governments and agencies, most of which have multimillion-dollar budgets,” says\u003ca href=\"http://www.publicrighttoknow.org/\"> the website created to publicize the measure\u003c/a>.\u003c/p>\n\u003cfigure id=\"attachment_136897\" class=\"wp-caption alignright\" style=\"max-width: 350px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/RS10516_photo-lpr1.jpg\">\u003cimg class=\"wp-image-136897\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/RS10516_photo-lpr1-640x480.jpg\" alt=\"San Francisco Fire Department fire investigation report. (Lisa Pickoff-White/KQED)\" width=\"350\" height=\"263\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Francisco Fire Department fire investigation report. (Lisa Pickoff-White/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>But the measure has nothing to do with access to information. Instead, it’s all about who pays the costs for records requests.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/series/prop-guide-ca-june-2014/\">Prop. 42\u003c/a> is a constitutional amendment borne out of a political miscalculation.\u003c/p>\n\u003cp>It stems back to last year’s state budget, when lawmakers voted to eliminate a handful of open records requirements for local governments, and instead turn them into suggestions. Since advocates, reporters and other government-watchers often use the law to pry government information out of officials who would otherwise never turn it over, changing requirements into suggestions didn’t sit too well.\u003ca href=\"http://ww2.kqed.org/news/california-public-records-act-controversy\"> An uproar ensued, mostly from the press\u003c/a>. Newspaper editorial after newspaper editorial blasted the move.\u003c/p>\n\u003cp>The Legislature quickly backtracked \u003ca href=\"http://ww2.kqed.org/news/2013/06/20/california-assembly-turns-back-time-votes-to-un-do-open-records-change/\">and the bill never became law\u003c/a>, even though Senate leaders like Mark Leno, who chairs the budget committee, insisted the whole thing was being mischaracterized. “I just want to reiterate that the actions that we took on AB76 did not touch the core principles of the California Public Records Act, which all of us in this room treasure and value,” he told reporters last June.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The Democrat said the move had nothing to do with access to records, and everything to do with who foots the bill. He and the other lawmakers who help craft California’s budget were tired of the state paying the cost for local governments’ public records responses.\u003c/p>\n\u003cp>”If you come to a state agency and request a public record, it’s appropriate the state would incur the cost to provide that to you,” said Leno. “But if you are requesting of a city or a county, or a water agency for a public document, it’s appropriate that that agency which is receiving the request should be responsible for the cost of compliance.”\u003c/p>\n\u003cp>So, \u003ca href=\"http://ww2.kqed.org/news/series/prop-guide-ca-june-2014/\">Prop 42\u003c/a>, which Leno introduced in the Senate, was the solution — it would change the state constitution to make it clear that local governments foot the full bill for their open records costs.\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"http://ww2.kqed.org/news/series/prop-guide-ca-june-2014/\">Check out\u003c/a> KQED's guide to the propositions on the June ballot.\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>A Question of Mandates\u003c/strong>\u003c/p>\n\u003cp>Why was the state responsible for these costs to begin with? It goes back to a 30-year-old constitutional change saying that whenever the state requires local governments to do something, it has to pay for the cost. The initial public records act was passed before that, so local governments were already paying for the bulk of their responses to records requests.\u003c/p>\n\u003cp>But when the state made a series of tweaks in the early 2000s, including requirements that local governments respond to requests within 10 days and actively assist people looking for records, it had to pay for those costs. It’s really not a whole lot of activity. “They’re limited to things like computer programming to extract the data, and providing and actually drafting correspondence, and clarifying requests,” said Paul Okada, who works in the San Mateo County Counsel’s Office. Lawyers there process about 100 requests a year.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The county billed the state about $38,000 for its open records work last year. It has asked for about $400,000 over the past decade, making San Mateo one of the more expensive local governments when it comes to open records costs.\u003c/p>\n\u003cp>Altogether, \u003ca href=\"http://www.csm.ca.gov/pendingclaims/docs/cpra/doc168.pdf\">local governments have asked California for $9.5 million over the course of a decade\u003c/a>. In a budget that spends $100 billion a year, that’s really pocket change. Leno views it another way – as funding that could have gone elsewhere. “The social services that don’t get provided, for lack of $10 or $20 million in our general fund,” he said. “The reinvestment in our court system.”\u003c/p>\n\u003cp>And Leno points out only a small fraction of local governments have been submitting bills to the state’s Commission on Mandates. If every local government did it, the cost estimate shoots up to “tens of millions of dollars a year,” according to the Legislative Analyst’s Office.\u003c/p>\n\u003cp>\u003cstrong>A Weak Open Records Law\u003c/strong>\u003c/p>\n\u003cp>But here’s the thing – whether or not \u003ca href=\"http://ww2.kqed.org/news/series/prop-guide-ca-june-2014/\">Prop. 42\u003c/a> passes, California’s open records law will remain the same. And according to Peter Scheer \u003ca href=\"http://firstamendmentcoalition.org/\">of the First Amendment Coalition\u003c/a>, it isn’t too strong. “Unfortunately, California, which once was a leader when it comes to open records laws, is now a follower,” he said. “In fact it’s really at the very bottom of the pack, in my view.”\u003c/p>\n\u003cp>When the Center for Public Integrity graded all the states a couple years ago,\u003ca href=\"http://www.stateintegrity.org/california_survey_public_access_to_information\"> California got a D- on access to public records\u003c/a>. That’s because of a number of weaknesses, including no agency directly responsible for enforcing and overseeing records requests. (If an agency denies or delays your records request, your only recourse is a lawsuit.) Scheer said the low grade is also due to scores and scores of exemptions in the law, including one measure barring access to government health care contracts. “All of that information – even though it involves billions of dollars state and local governments are paying to third parties – those contracts are exempt. Completely secret.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Scheer pointed out the list of exemptions is actually longer than the rest of the law’s text. \u003ca href=\"http://ww2.kqed.org/news/series/prop-guide-ca-june-2014/\">Prop. 42\u003c/a> wouldn’t eliminate any of them – it would only change who pays for responses.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/136879/open-records-proposition-would-simply-shift-who-foots-the-bill","authors":["256"],"programs":["news_6944"],"series":["news_6304"],"categories":["news_13"],"tags":["news_4540","news_4537"],"featImg":"news_136895","label":"news_6944"},"news_124901":{"type":"posts","id":"news_124901","meta":{"index":"posts_1591205157","site":"news","id":"124901","score":null,"sort":[1391173204000]},"guestAuthors":[],"slug":"californias-lack-of-online-child-care-records-leaves-parents-in-dark","title":"California’s Lack of Online Child Care Records Leaves Parents in Dark","publishDate":1391173204,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>\u003cstrong>By Katharine Mieszkowski, The Center for Investigative Reporting\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_124905\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/01/daycare07.jpg\">\u003cimg class=\"size-medium wp-image-124905\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/01/daycare07-640x361.jpg\" alt=\"Denise Davis, shown in her daughter’s bedroom in her San Jose, Calif., home, used to send her children to a day care in Stephanie Newbrough’s home in Milpitas. The day care was shut down last year after a long history of breaking state rules,including a lack of supervision of children. Davis says she would not have sent her children there if she had known about its record. (Noah Berger/The Center for Investigative Reporting)\" width=\"640\" height=\"361\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Denise Davis, shown in her daughter’s bedroom in her San Jose home, used to send her children to day care in Stephanie Newbrough’s home in Milpitas. The day care was shut down last year after a long history of breaking state rules, including a lack of supervision of children. Davis says she would not have sent her children there if she had known about its record. (Noah Berger/The Center for Investigative Reporting)\u003c/figcaption>\u003c/figure>\n\u003cp>The infant boy had been left alone in a closet. He was strapped into a car seat, facing a wall on the second floor of a Milpitas day care.\u003c/p>\n\u003cp>A state inspector discovered the isolated boy when she visited in April and shut down the day care that Stephanie Newbrough had run out of her home for more than 18 years. Newbrough had been a respected member of the local community. Many parents who left children in her care lived nearby or learned about her day care through word of mouth.\u003c/p>\n\u003cp>But behind that neighborly image, the day care had a long history of breaking state rules, including a lack of supervision of children in its care. Parents like Denise Davis knew nothing of the problems. “It’s your worst nightmare,” she said.\u003c/p>\n\u003cp>The violations were so severe that Newbrough ultimately lost her license and was banned for life from operating a day care in California.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>California doesn’t make it easy for parents to find out what’s going on at the places that care for their children.\u003c/p>\n\u003cp>The state keeps a vast archive of inspection and complaint reports against nearly 48,000 state-licensed day care, preschool and after-school programs. But for the most part, these records remain stored away in obscure government offices, making access difficult for busy parents of the 1.1 million children who attend these programs.\u003c/p>\n\u003cp>The majority of states already make public reports available online. California has no plans to do so, despite years of pressure from state and now federal officials who want to give parents a complete picture of what the state knows about the care of their children.\u003c/p>\n\u003cp>Davis, who’d known Newbrough since she was a teen, said she would not have sent her three children to the day care if she had known about its record. She did not know the records existed, much less what they said about Newbrough’s day care when she sent her children there.\u003c/p>\n\u003cp>The Center of Investigative Reporting is trying to get electronic copies from the state under the California Public Records Act with the hopes of putting them online. The state Department of Social Services says it will\u003cstrong> \u003c/strong>cost more than $20,000 and take more than two years for CIR to get the public data.\u003c/p>\n\u003cp>Experts say the request should take minimal time and money because databases are designed to be able to export information easily.\u003c/p>\n\u003caside class=\"pullquote alignleft\">The majority of states already make public reports available online.\n\u003cp>California has no plans to do so.\u003c/p>\u003c/aside>\n\u003cp>“That’s just embarrassing. Do they really want to be known as the dumbest, most backward government agency in California?” said \u003ca href=\"http://journalism.arizona.edu/david-cuillier\" target=\"_blank\">David Cuillier\u003c/a>, an expert on public records who directs the University of Arizona’s School of Journalism. “Because if they cannot export data quickly, then they’ve got problems.”\u003c/p>\n\u003cp>Contrast California with other large states, like Texas.\u003c/p>\n\u003cp>Google “Texas child care,” and the first search result that comes up is the Texas Department of Family and Protective Services’ \u003ca href=\"http://www.dfps.state.tx.us/Child_Care/Search_Texas_Child_Care/\" target=\"_blank\">site\u003c/a> for day care records. “Don’t be in the dark about child care!” the website warns. “Before entrusting your child to a day care, check its state record.”\u003c/p>\n\u003cp>In California, a top official at the Department of Social Services admitted the problem and called its technology “old and outdated.”\u003c/p>\n\u003cp>“We all expect that any information that we want to know, we just Google it, and we should be able to pull up everything,” said Pat Leary, chief deputy director. “And it’s frustrating for parents, I know, when they can’t just get easy access to information.”\u003c/p>\n\u003cp>Research shows that putting the reports online improves the quality of child care.\u003c/p>\n\u003cp>That’s one reason that the federal government is finalizing regulations that will require states to put records online in order to receive subsidies for low-income families.\u003c/p>\n\u003cp>California is the nation’s largest recipient from the U.S. Department of Health and Human Services’ Child Care and Development Fund, pulling in more than half a billion dollars a year. It’s the only one of the four largest states that doesn’t already make investigation and inspection information available on the Web.\u003c/p>\n\u003cp>The U.S. Health and Human Services Department considers the records an essential tool for parents choosing child care. “Limiting access to this information creates a burden for parents,” its \u003ca href=\"https://www.federalregister.gov/articles/2013/05/20/2013-11673/child-care-and-development-fund-ccdf-program#/h\" target=\"_blank\">proposed new rule\u003c/a> says.\u003c/p>\n\u003cp>Ann Dryden Witte, an economist at the National Bureau of Economic Research, \u003ca href=\"http://www.nber.org/papers/w10227.pdf\">found\u003c/a> in 2004 that providers’ quality of care for children of low-income families\u003cstrong> \u003c/strong>went up when the reports went online in Broward County, Fla. The mean assessment score of local providers went from 89 to 91, on par with education efforts to improve classroom environment or curriculum. Inspectors also were more productive, completing an average of 14 more inspections a year.\u003c/p>\n\u003cp>“As a result, they cleaned up their act,” Witte said.\u003c/p>\n\u003cp>In California, parents can contact \u003ca href=\"http://www.rrnetwork.org/\" target=\"_blank\">child care resource and referral agencies\u003c/a> to find out which child care providers are licensed. But these agencies don’t have access to the state’s inspection and complaint records. The agencies tell the parents they must get in touch with one of the state’s \u003ca href=\"http://www.ccld.ca.gov/res/pdf/cclistingMaster.pdf\" target=\"_blank\">regional licensing offices\u003c/a>.\u003c/p>\n\u003cp>Calling or visiting such a little-known office is too high a barrier for busy parents of young children, the state auditor concluded in a \u003ca href=\"https://www.bsa.ca.gov/pdfs/reports/2005-129.pdf\" target=\"_blank\">2006 report\u003c/a>. The offices are open only during typical work hours, and most parents who send their children to child care do so because they’re at work.\u003c/p>\n\u003cp>\u003ciframe width=\"100%\" height=\"166\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/132396178&color=ff5500&auto_play=false&hide_related=false&show_artwork=true\">\u003c/iframe>\u003c/p>\n\u003cp>For more than seven years, the Department of Social Services has been pledging to get the records online. In 2006, the department assured the state auditor that it was working on it but warned that it needed money to do so. More than five years later, it told the auditor that it planned to use stimulus money to get the job done.\u003c/p>\n\u003cp>In 2012, the state auditor gave up on the department, saying it had no confidence the state would put the records online. The Department of Social Services ended up getting $1 million in education stimulus money, but it’s being spent on other things. Leary said that money didn’t cover the costs for the project. The department still doesn’t have a plan to get the records online.\u003c/p>\n\u003cp>For CIR’s request, the department estimates that extracting the data from its database would require more than 500 hours of staff time at a cost of $41 an hour, totaling at least $20,500. The agency also says it can devote only four hours per week to this project, so it would take more than two years to complete.\u003c/p>\n\u003cp>Experts say that estimate strains credulity. “If it takes someone working full time for 12½ weeks to export data, that is probably one of the worst government computer systems I’ve ever heard of,” Cuillier said.\u003c/p>\n\u003cp>In Milpitas, Davis and her husband abruptly pulled their children out of the Newbrough’s day care in 2010 when they learned from a worker at the day care that their infant daughter was put down for naps in her car seat, which may \u003ca href=\"http://www.medpagetoday.com/Pediatrics/GeneralPediatrics/15652\" target=\"_blank\">inhibit the child’s breathing\u003c/a>. Newbrough subsequently sued the parents for breach of contract in small claims court and won.\u003c/p>\n\u003cp>The inspector who found the infant in the closet and shut down the facility also discovered that there weren’t enough caregivers\u003cstrong> \u003c/strong>providing supervision, a violation that Newbrough had received before. In years prior, inspectors cited the day care seven times for threatening the health, safety or rights of children, its most serious violation.\u003c/p>\n\u003cp>Newbrough, who didn’t respond to requests for comment, is no longer operating a day care. But that doesn’t mean she’s entirely out of the child care business in the state.\u003c/p>\n\u003cp>Newbrough still is listed as the president and founder of \u003ca href=\"http://pandpsitters.com\">Prince and Princess Sitters\u003c/a> on the company’s website. It is a baby-sitting and nanny placement agency in San Jose.\u003c/p>\n\u003cp>\u003cem>This story was edited by Andrew Donohue and copy edited by Nikki Frick and Christine Lee.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cstrong>This story was produced by the independent, nonprofit Center for Investigative Reporting, the country’s largest investigative reporting team. For more, visit cironline.org. Mieszkowski can be reached at \u003c/strong>\u003ca href=\"mailto:kmieszkowski@cironline.org\">\u003cstrong>kmieszkowski@cironline.org\u003c/strong>\u003c/a>.\u003c/p>\n\n","blocks":[],"excerpt":"The majority of states make reports on licensed preschool and after-care programs available online.","status":"publish","parent":0,"modified":1398474990,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":38,"wordCount":1529},"headData":{"title":"California’s Lack of Online Child Care Records Leaves Parents in Dark | KQED","description":"The majority of states make reports on licensed preschool and after-care programs available online.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"California’s Lack of Online Child Care Records Leaves Parents in Dark","datePublished":"2014-01-31T13:00:04.000Z","dateModified":"2014-04-26T01:16:30.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"124901 http://ww2.kqed.org/news/?p=124901","disqusUrl":"https://ww2.kqed.org/news/2014/01/31/californias-lack-of-online-child-care-records-leaves-parents-in-dark/","disqusTitle":"California’s Lack of Online Child Care Records Leaves Parents in Dark","customPermalink":"2014/01/30/californias-lack-of-online-child-care-records-leaves-parents-in-dark/","path":"/news/124901/californias-lack-of-online-child-care-records-leaves-parents-in-dark","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>By Katharine Mieszkowski, The Center for Investigative Reporting\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_124905\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/01/daycare07.jpg\">\u003cimg class=\"size-medium wp-image-124905\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/01/daycare07-640x361.jpg\" alt=\"Denise Davis, shown in her daughter’s bedroom in her San Jose, Calif., home, used to send her children to a day care in Stephanie Newbrough’s home in Milpitas. The day care was shut down last year after a long history of breaking state rules,including a lack of supervision of children. Davis says she would not have sent her children there if she had known about its record. (Noah Berger/The Center for Investigative Reporting)\" width=\"640\" height=\"361\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Denise Davis, shown in her daughter’s bedroom in her San Jose home, used to send her children to day care in Stephanie Newbrough’s home in Milpitas. The day care was shut down last year after a long history of breaking state rules, including a lack of supervision of children. Davis says she would not have sent her children there if she had known about its record. (Noah Berger/The Center for Investigative Reporting)\u003c/figcaption>\u003c/figure>\n\u003cp>The infant boy had been left alone in a closet. He was strapped into a car seat, facing a wall on the second floor of a Milpitas day care.\u003c/p>\n\u003cp>A state inspector discovered the isolated boy when she visited in April and shut down the day care that Stephanie Newbrough had run out of her home for more than 18 years. Newbrough had been a respected member of the local community. Many parents who left children in her care lived nearby or learned about her day care through word of mouth.\u003c/p>\n\u003cp>But behind that neighborly image, the day care had a long history of breaking state rules, including a lack of supervision of children in its care. Parents like Denise Davis knew nothing of the problems. “It’s your worst nightmare,” she said.\u003c/p>\n\u003cp>The violations were so severe that Newbrough ultimately lost her license and was banned for life from operating a day care in California.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>California doesn’t make it easy for parents to find out what’s going on at the places that care for their children.\u003c/p>\n\u003cp>The state keeps a vast archive of inspection and complaint reports against nearly 48,000 state-licensed day care, preschool and after-school programs. But for the most part, these records remain stored away in obscure government offices, making access difficult for busy parents of the 1.1 million children who attend these programs.\u003c/p>\n\u003cp>The majority of states already make public reports available online. California has no plans to do so, despite years of pressure from state and now federal officials who want to give parents a complete picture of what the state knows about the care of their children.\u003c/p>\n\u003cp>Davis, who’d known Newbrough since she was a teen, said she would not have sent her three children to the day care if she had known about its record. She did not know the records existed, much less what they said about Newbrough’s day care when she sent her children there.\u003c/p>\n\u003cp>The Center of Investigative Reporting is trying to get electronic copies from the state under the California Public Records Act with the hopes of putting them online. The state Department of Social Services says it will\u003cstrong> \u003c/strong>cost more than $20,000 and take more than two years for CIR to get the public data.\u003c/p>\n\u003cp>Experts say the request should take minimal time and money because databases are designed to be able to export information easily.\u003c/p>\n\u003caside class=\"pullquote alignleft\">The majority of states already make public reports available online.\n\u003cp>California has no plans to do so.\u003c/p>\u003c/aside>\n\u003cp>“That’s just embarrassing. Do they really want to be known as the dumbest, most backward government agency in California?” said \u003ca href=\"http://journalism.arizona.edu/david-cuillier\" target=\"_blank\">David Cuillier\u003c/a>, an expert on public records who directs the University of Arizona’s School of Journalism. “Because if they cannot export data quickly, then they’ve got problems.”\u003c/p>\n\u003cp>Contrast California with other large states, like Texas.\u003c/p>\n\u003cp>Google “Texas child care,” and the first search result that comes up is the Texas Department of Family and Protective Services’ \u003ca href=\"http://www.dfps.state.tx.us/Child_Care/Search_Texas_Child_Care/\" target=\"_blank\">site\u003c/a> for day care records. “Don’t be in the dark about child care!” the website warns. “Before entrusting your child to a day care, check its state record.”\u003c/p>\n\u003cp>In California, a top official at the Department of Social Services admitted the problem and called its technology “old and outdated.”\u003c/p>\n\u003cp>“We all expect that any information that we want to know, we just Google it, and we should be able to pull up everything,” said Pat Leary, chief deputy director. “And it’s frustrating for parents, I know, when they can’t just get easy access to information.”\u003c/p>\n\u003cp>Research shows that putting the reports online improves the quality of child care.\u003c/p>\n\u003cp>That’s one reason that the federal government is finalizing regulations that will require states to put records online in order to receive subsidies for low-income families.\u003c/p>\n\u003cp>California is the nation’s largest recipient from the U.S. Department of Health and Human Services’ Child Care and Development Fund, pulling in more than half a billion dollars a year. It’s the only one of the four largest states that doesn’t already make investigation and inspection information available on the Web.\u003c/p>\n\u003cp>The U.S. Health and Human Services Department considers the records an essential tool for parents choosing child care. “Limiting access to this information creates a burden for parents,” its \u003ca href=\"https://www.federalregister.gov/articles/2013/05/20/2013-11673/child-care-and-development-fund-ccdf-program#/h\" target=\"_blank\">proposed new rule\u003c/a> says.\u003c/p>\n\u003cp>Ann Dryden Witte, an economist at the National Bureau of Economic Research, \u003ca href=\"http://www.nber.org/papers/w10227.pdf\">found\u003c/a> in 2004 that providers’ quality of care for children of low-income families\u003cstrong> \u003c/strong>went up when the reports went online in Broward County, Fla. The mean assessment score of local providers went from 89 to 91, on par with education efforts to improve classroom environment or curriculum. Inspectors also were more productive, completing an average of 14 more inspections a year.\u003c/p>\n\u003cp>“As a result, they cleaned up their act,” Witte said.\u003c/p>\n\u003cp>In California, parents can contact \u003ca href=\"http://www.rrnetwork.org/\" target=\"_blank\">child care resource and referral agencies\u003c/a> to find out which child care providers are licensed. But these agencies don’t have access to the state’s inspection and complaint records. The agencies tell the parents they must get in touch with one of the state’s \u003ca href=\"http://www.ccld.ca.gov/res/pdf/cclistingMaster.pdf\" target=\"_blank\">regional licensing offices\u003c/a>.\u003c/p>\n\u003cp>Calling or visiting such a little-known office is too high a barrier for busy parents of young children, the state auditor concluded in a \u003ca href=\"https://www.bsa.ca.gov/pdfs/reports/2005-129.pdf\" target=\"_blank\">2006 report\u003c/a>. The offices are open only during typical work hours, and most parents who send their children to child care do so because they’re at work.\u003c/p>\n\u003cp>\u003ciframe width=\"100%\" height=\"166\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/132396178&color=ff5500&auto_play=false&hide_related=false&show_artwork=true\">\u003c/iframe>\u003c/p>\n\u003cp>For more than seven years, the Department of Social Services has been pledging to get the records online. In 2006, the department assured the state auditor that it was working on it but warned that it needed money to do so. More than five years later, it told the auditor that it planned to use stimulus money to get the job done.\u003c/p>\n\u003cp>In 2012, the state auditor gave up on the department, saying it had no confidence the state would put the records online. The Department of Social Services ended up getting $1 million in education stimulus money, but it’s being spent on other things. Leary said that money didn’t cover the costs for the project. The department still doesn’t have a plan to get the records online.\u003c/p>\n\u003cp>For CIR’s request, the department estimates that extracting the data from its database would require more than 500 hours of staff time at a cost of $41 an hour, totaling at least $20,500. The agency also says it can devote only four hours per week to this project, so it would take more than two years to complete.\u003c/p>\n\u003cp>Experts say that estimate strains credulity. “If it takes someone working full time for 12½ weeks to export data, that is probably one of the worst government computer systems I’ve ever heard of,” Cuillier said.\u003c/p>\n\u003cp>In Milpitas, Davis and her husband abruptly pulled their children out of the Newbrough’s day care in 2010 when they learned from a worker at the day care that their infant daughter was put down for naps in her car seat, which may \u003ca href=\"http://www.medpagetoday.com/Pediatrics/GeneralPediatrics/15652\" target=\"_blank\">inhibit the child’s breathing\u003c/a>. Newbrough subsequently sued the parents for breach of contract in small claims court and won.\u003c/p>\n\u003cp>The inspector who found the infant in the closet and shut down the facility also discovered that there weren’t enough caregivers\u003cstrong> \u003c/strong>providing supervision, a violation that Newbrough had received before. In years prior, inspectors cited the day care seven times for threatening the health, safety or rights of children, its most serious violation.\u003c/p>\n\u003cp>Newbrough, who didn’t respond to requests for comment, is no longer operating a day care. But that doesn’t mean she’s entirely out of the child care business in the state.\u003c/p>\n\u003cp>Newbrough still is listed as the president and founder of \u003ca href=\"http://pandpsitters.com\">Prince and Princess Sitters\u003c/a> on the company’s website. It is a baby-sitting and nanny placement agency in San Jose.\u003c/p>\n\u003cp>\u003cem>This story was edited by Andrew Donohue and copy edited by Nikki Frick and Christine Lee.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>This story was produced by the independent, nonprofit Center for Investigative Reporting, the country’s largest investigative reporting team. For more, visit cironline.org. Mieszkowski can be reached at \u003c/strong>\u003ca href=\"mailto:kmieszkowski@cironline.org\">\u003cstrong>kmieszkowski@cironline.org\u003c/strong>\u003c/a>.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/124901/californias-lack-of-online-child-care-records-leaves-parents-in-dark","authors":["236"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_2043","news_152","news_4537"],"featImg":"news_124905","label":"news_6944"},"news_100526":{"type":"posts","id":"news_100526","meta":{"index":"posts_1591205157","site":"news","id":"100526","score":null,"sort":[1371711549000]},"guestAuthors":[],"slug":"assembly-speaker-perez-california-public-records-act-changes-will-not-go-through","title":"Pérez Wants California Public Records Act Restored, But Steinberg Balks","publishDate":1371711549,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>\u003cstrong>by Scott Detrow, Dan Brekke, Francesca Segrè and Jon Brooks\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_80300\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/11/saccapitoldome090911.jpg\">\u003cimg class=\"size-full wp-image-80300\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/11/saccapitoldome090911.jpg\" alt=\"File photo: State Capitol. (Justin Sullivan/Getty)\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">File photo: State Capitol. (Justin Sullivan/Getty)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>\u003ca href=\"http://ww2.kqed.org/news/2013/06/20/california-assembly-turns-back-time-votes-to-un-do-open-records-change/\" target=\"_blank\">Updates on this story here\u003c/a>\u003c/strong>.\u003c/p>\n\u003cp>\u003cem>Original post\u003c/em>\u003c/p>\n\u003cp>A \u003ca href=\"http://ww2.kqed.org/news/california-public-records-act-controversy\" target=\"_blank\">growing furor over proposed changes to the California Public Records Act\u003c/a> is threatening to undo this month’s relatively smooth budget negotiations.\u003c/p>\n\u003cp>Responding to criticism that the changes would substantially weaken California’s open records laws, Assembly Speaker John Perez announced the lower chamber would vote Thursday morning on a measure identical to the bill it passed last week, but not including the section dealing with open records. “To be clear, this means that the California Public Records Act will remain intact without any changes as part of the budget – consistent with the Assembly’s original action,” Pérez said in a statement.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But the Senate isn’t budging. President Pro Tem Darrell Steinberg says the Senate won’t vote on that new bill unless he sees evidence local governments are opting out of the public records requirements. Steinberg says the issue isn’t public records. It’s the fact the state is constitutionally required to pay for those local actions. “Unless the local governments are violating the law,” he told reporters, the state should not be on the hook for tens of millions of dollars to pay them for what they should be doing.”\u003c/p>\n\u003cp>\u003ca href=\"http://sd06.senate.ca.gov/news/2013-06-19-statement-senate-democratic-leaders-preserve-local-govt-transparency\" target=\"_blank\">Steinberg said\u003c/a> that instead of a revote, a constitutional amendment would be introduced in the state Senate Thursday, \"which will require permanent restoration of all California Public Records Act mandates in the state budget, and require that all local government entities pay for those services of providing public access to local government records.\"\u003c/p>\n\u003cp>If that measure passes, the issue would go before the voters.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003cstrong>Senate President Darrell Steinberg says the Senate won’t vote on the new bill unless he sees evidence local governments are opting out of the public records requirements.\u003c/strong>\u003c/aside>\n\u003cp>What’s this all about? As we've been reporting today, the proposed \u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=06001-07000&file=6250-6270\" target=\"_blank\">Public Records Act\u003c/a> changes were included in one of the so-called trailer bills that lawmakers passed alongside the state budget last week. The bill removed the mandatory requirement that local governments respond to requests for documents within 10 days, provide electronic versions of records when available, and provide assistance to records-seekers who aren’t quite sure what they’re looking for. (For instance, if your town has an Excel spreadsheet of employee salaries that's subject to disclosure and you ask for that information, the town is obligated to provide it to you.) Such compliance under the bill would have been optional, redefined as \"best practices.\"\u003c/p>\n\u003cp>After the bill was signed, various mayors, including San Francisco's Ed Lee, \u003ca href=\"http://ww2.kqed.org/news/2013/06/19/100507/\" target=\"_blank\">said local governments would continue to comply with the law\u003c/a>. But First Amendment and open government advocates have been livid, and newspapers published \u003ca href=\"http://www.fresnobee.com/2013/06/18/3349183/editorial-tell-brown-to-veto-attack.html\" target=\"_blank\">editorials\u003c/a> opposing the change, saying the law had been eviscerated. Journalists who rely on the law as an investigatory tool have also been highly critical.\u003c/p>\n\u003cp>News10 Sacramento's John Myers addressed in a \u003ca href=\"http://www.news10.net/capitol/article/248109/525/New-fight-over-weakening-state-transparency-law\" target=\"_blank\">blog post\u003c/a> the suggestion that the weakening of the Public Records Act was a stealth measure ...\u003c/p>\n\u003cblockquote>\u003cp>The fracas in recent days included accusations that lawmakers were trying to hide the change in how the state's public records law is carried out with a stealth and last minute plot.\u003c/p>\n\u003cp>Not true.\u003c/p>\n\u003cp>Brown actually made the proposal more than five months ago in his January budget, one of several state funded mandates that he suggested be scrapped.\u003c/p>\n\u003cp>Legislators discussed the PRA mandate in budget committees, the Legislature's analysts released a report on the plan on May 31, and then a budget conference committee voted unanimously to make PRA provisions optional (and thus, save the state money) on June 10.\u003c/p>\n\u003cp>The real truth is that while some noticed the proposal early, the vast majority of political and government journalists didn't notice it until last week, focused instead on bigger budget fights.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Update Thursday 10 a.m.\u003c/strong>\u003c/p>\n\u003cblockquote class=\"twitter-tweet\">\u003cp>Assembly votes 52-25 to modify budget trailer bill to eliminate provisions weakening \u003ca href=\"https://twitter.com/search?q=%23CPRA&src=hash\">#CPRA\u003c/a>. Senate leaders say they won't act on bill now.\u003c/p>\n\u003cp>— Katie Orr (@1KatieOrr) \u003ca href=\"https://twitter.com/1KatieOrr/statuses/347758922918146048\">June 20, 2013\u003c/a>\u003c/p>\u003c/blockquote>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1371755953,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":21,"wordCount":725},"headData":{"title":"Pérez Wants California Public Records Act Restored, But Steinberg Balks | KQED","description":"by Scott Detrow, Dan Brekke, Francesca Segrè and Jon Brooks Updates on this story here. Original post A growing furor over proposed changes to the California Public Records Act is threatening to undo this month’s relatively smooth budget negotiations. Responding to criticism that the changes would substantially weaken California’s open records laws, Assembly Speaker John Perez announced","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Pérez Wants California Public Records Act Restored, But Steinberg Balks","datePublished":"2013-06-20T06:59:09.000Z","dateModified":"2013-06-20T19:19:13.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"100526 http://ww2.kqed.org/news/?p=100526","disqusUrl":"https://ww2.kqed.org/news/2013/06/19/assembly-speaker-perez-california-public-records-act-changes-will-not-go-through/","disqusTitle":"Pérez Wants California Public Records Act Restored, But Steinberg Balks","customPermalink":"2013/06/19/california-public-records-act/","path":"/news/100526/assembly-speaker-perez-california-public-records-act-changes-will-not-go-through","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>by Scott Detrow, Dan Brekke, Francesca Segrè and Jon Brooks\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_80300\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/11/saccapitoldome090911.jpg\">\u003cimg class=\"size-full wp-image-80300\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/11/saccapitoldome090911.jpg\" alt=\"File photo: State Capitol. (Justin Sullivan/Getty)\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">File photo: State Capitol. (Justin Sullivan/Getty)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>\u003ca href=\"http://ww2.kqed.org/news/2013/06/20/california-assembly-turns-back-time-votes-to-un-do-open-records-change/\" target=\"_blank\">Updates on this story here\u003c/a>\u003c/strong>.\u003c/p>\n\u003cp>\u003cem>Original post\u003c/em>\u003c/p>\n\u003cp>A \u003ca href=\"http://ww2.kqed.org/news/california-public-records-act-controversy\" target=\"_blank\">growing furor over proposed changes to the California Public Records Act\u003c/a> is threatening to undo this month’s relatively smooth budget negotiations.\u003c/p>\n\u003cp>Responding to criticism that the changes would substantially weaken California’s open records laws, Assembly Speaker John Perez announced the lower chamber would vote Thursday morning on a measure identical to the bill it passed last week, but not including the section dealing with open records. “To be clear, this means that the California Public Records Act will remain intact without any changes as part of the budget – consistent with the Assembly’s original action,” Pérez said in a statement.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But the Senate isn’t budging. President Pro Tem Darrell Steinberg says the Senate won’t vote on that new bill unless he sees evidence local governments are opting out of the public records requirements. Steinberg says the issue isn’t public records. It’s the fact the state is constitutionally required to pay for those local actions. “Unless the local governments are violating the law,” he told reporters, the state should not be on the hook for tens of millions of dollars to pay them for what they should be doing.”\u003c/p>\n\u003cp>\u003ca href=\"http://sd06.senate.ca.gov/news/2013-06-19-statement-senate-democratic-leaders-preserve-local-govt-transparency\" target=\"_blank\">Steinberg said\u003c/a> that instead of a revote, a constitutional amendment would be introduced in the state Senate Thursday, \"which will require permanent restoration of all California Public Records Act mandates in the state budget, and require that all local government entities pay for those services of providing public access to local government records.\"\u003c/p>\n\u003cp>If that measure passes, the issue would go before the voters.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003cstrong>Senate President Darrell Steinberg says the Senate won’t vote on the new bill unless he sees evidence local governments are opting out of the public records requirements.\u003c/strong>\u003c/aside>\n\u003cp>What’s this all about? As we've been reporting today, the proposed \u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=06001-07000&file=6250-6270\" target=\"_blank\">Public Records Act\u003c/a> changes were included in one of the so-called trailer bills that lawmakers passed alongside the state budget last week. The bill removed the mandatory requirement that local governments respond to requests for documents within 10 days, provide electronic versions of records when available, and provide assistance to records-seekers who aren’t quite sure what they’re looking for. (For instance, if your town has an Excel spreadsheet of employee salaries that's subject to disclosure and you ask for that information, the town is obligated to provide it to you.) Such compliance under the bill would have been optional, redefined as \"best practices.\"\u003c/p>\n\u003cp>After the bill was signed, various mayors, including San Francisco's Ed Lee, \u003ca href=\"http://ww2.kqed.org/news/2013/06/19/100507/\" target=\"_blank\">said local governments would continue to comply with the law\u003c/a>. But First Amendment and open government advocates have been livid, and newspapers published \u003ca href=\"http://www.fresnobee.com/2013/06/18/3349183/editorial-tell-brown-to-veto-attack.html\" target=\"_blank\">editorials\u003c/a> opposing the change, saying the law had been eviscerated. Journalists who rely on the law as an investigatory tool have also been highly critical.\u003c/p>\n\u003cp>News10 Sacramento's John Myers addressed in a \u003ca href=\"http://www.news10.net/capitol/article/248109/525/New-fight-over-weakening-state-transparency-law\" target=\"_blank\">blog post\u003c/a> the suggestion that the weakening of the Public Records Act was a stealth measure ...\u003c/p>\n\u003cblockquote>\u003cp>The fracas in recent days included accusations that lawmakers were trying to hide the change in how the state's public records law is carried out with a stealth and last minute plot.\u003c/p>\n\u003cp>Not true.\u003c/p>\n\u003cp>Brown actually made the proposal more than five months ago in his January budget, one of several state funded mandates that he suggested be scrapped.\u003c/p>\n\u003cp>Legislators discussed the PRA mandate in budget committees, the Legislature's analysts released a report on the plan on May 31, and then a budget conference committee voted unanimously to make PRA provisions optional (and thus, save the state money) on June 10.\u003c/p>\n\u003cp>The real truth is that while some noticed the proposal early, the vast majority of political and government journalists didn't notice it until last week, focused instead on bigger budget fights.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Update Thursday 10 a.m.\u003c/strong>\u003c/p>\n\u003cblockquote class=\"twitter-tweet\">\u003cp>Assembly votes 52-25 to modify budget trailer bill to eliminate provisions weakening \u003ca href=\"https://twitter.com/search?q=%23CPRA&src=hash\">#CPRA\u003c/a>. Senate leaders say they won't act on bill now.\u003c/p>\n\u003cp>— Katie Orr (@1KatieOrr) \u003ca href=\"https://twitter.com/1KatieOrr/statuses/347758922918146048\">June 20, 2013\u003c/a>\u003c/p>\u003c/blockquote>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/100526/assembly-speaker-perez-california-public-records-act-changes-will-not-go-through","authors":["236"],"programs":["news_6944"],"tags":["news_4540","news_152","news_205","news_4537"],"label":"news_6944"},"news_100224":{"type":"posts","id":"news_100224","meta":{"index":"posts_1591205157","site":"news","id":"100224","score":null,"sort":[1371650844000]},"guestAuthors":[],"slug":"draft-public-records-act","title":"Open Government Activists Irate Over Proposed Weakening of Public Records Act","publishDate":1371650844,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>\u003cstrong>By Francesca Segrè and Dan Brekke\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_100402\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003cimg class=\"size-medium wp-image-100402\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/56531571-300x200.jpg\" alt=\"File photo. Sacramento (David Paul Morris/Getty Images)\" width=\"300\" height=\"200\">\u003cfigcaption class=\"wp-caption-text\">File photo. Sacramento (David Paul Morris/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>First Amendment activists and advocates of open government are furious about legislation sent to the governor that could make public records harder for news organizations and the general public to get.\u003c/p>\n\u003cp>Currently, the \u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=06001-07000&file=6250-6270\" target=\"_blank\">California Public Records Act\u003c/a> requires local government agencies to respond to requests for public records within 10 days, to inform those who request information what records are available, to explain themselves when they deny a request, and to provide electronic records in the same form they're stored (for instance, if your town has an Excel spreadsheet of employee salaries that's subject to disclosure and you ask for that information, the town is obligated to provide the spreadsheet).\u003c/p>\n\u003cp>All that would change under a provision passed as a \"trailer\" to the state's budget last week and sent to Gov. Jerry Brown.\u003c/p>\n\u003cp>Those directives in the current law are redefined as \"best practices\" and local government agencies are \"encouraged, but are not required\" to follow them. The \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB76\" target=\"_blank\">new language\u003c/a> would also compel local agencies to announce at their first public meeting every year whether they'll volunteer to adhere to the best practices. (Note, though, that the changes do \u003cem>not\u003c/em> repeal the Public Records Act, and all the law's provisions still apply to state government records.)\u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The changes were suggested by the Brown administration as a way of relieving a potentially expensive state mandate on local governments. In \u003ca href=\"http://www.lao.ca.gov/reports/2013/localgov/Newly-Identified-Mandates-53113.pdf\" target=\"_blank\">an analysis\u003c/a> of the new law, the independent Legislative Analyst's Office said the annual cost of reimbursing cities' and counties' adherence to the mandates of the Public Records Act could be in the tens of millions of dollars. An LAO official contacted today said the state has never received a bill from local agencies for public record requests.\u003c/p>\n\u003cp>Peter Scheer of the \u003ca href=\"http://firstamendmentcoalition.org/\" target=\"_blank\">First Amendment Coalition\u003c/a> says the bill gives local governments a chance to create roadblocks to getting records.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cp>\u003cem>Editorials\u003c/em>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://www.mercurynews.com/opinion/ci_23485981/mercury-news-editorial-public-records-act-must-be\" target=\"_blank\">Public Records Act Must be Restored\u003c/a> (San Jose Mercury News)\u003c/li>\n\u003cli>\u003ca href=\"http://www.visaliatimesdelta.com/article/20130619/OPINION01/306190004/Editorial-RIP-California-Public-Records-Act\">RIP: California Public Records Act\u003c/a> (Visalia Times-Delta)\u003c/li>\n\u003cli>\u003ca href=\"http://www.fresnobee.com/2013/06/18/3349183/editorial-tell-brown-to-veto-attack.html\">Tell Jerry Brown to veto attack on Public Records Act\u003c/a>\u003cstrong>\u003cstrong> \u003c/strong>\u003c/strong>(Fresno Bee)\u003cbr>\n\u003c/li>\u003c/ul>\u003c/aside>\n\u003cp>But state Sen. Mark Leno, a Democrat from San Francisco who supported the bill, says changing the law's requirements to \"best practices\" will still put pressure on local governments to honor records requests. \"If your city or county government were to take such a vote not to provide these services, then they’re going to hear about it and you will rightfully have a problem with your local elected officials.\"And LAO senior analyst Marianne O'Malley echoed that belief. \"Ask any local government association — they’re all over this,\" she says. \"It is part of the fabric of California. I strongly doubt that anyone is not following the best practices. To make a public declaration that anyone is not going to follow these practices would be an extraordinary step.”\u003c/p>\n\u003cp>Leno conceded that if local governments choose not to follow the revised law's suggestions, it will make it harder for some people to find public records. “Individuals who are less experienced and need a public document and don’t know how to find it -- they will likely need some assistance,\" he said.\u003c/p>\n\u003cp>Under the new bill, local governments could also claim some documents are exempt from public access without saying why they’re off limits. If people believe the local government response is unjust, they can sue.\u003c/p>\n\u003cp>The California Public Records Act was first enacted in 1968 and has been broadened over time. The provisions ordering local agencies to respond to record requests within 10 days and help the public find documents have been in place for more than a decade. But the \u003ca href=\"http://www.csm.ca.gov/\" target=\"_blank\">agency\u003c/a> responsible for determining whether the state has imposed a \"reimbursable\" mandate on local governments has not said how much the Public Records Act is costing cities and counties. Even with the changes in the law, the state will still be on the hook financially for the past decade of implementing the state-mandated components of the records act. The new bill would free the state from paying the bills going forward.\u003c/p>\n\u003cp>Leno said he believes local governments will continue to find money in their coffers to continue to help people locate documents and respond to them promptly. “My bet is that cities and counties aren’t going to change the fact that they provide that service, because it would not be politically expedient—they will hear from their constituents, 'Why are you not providing that service any longer?' \"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>If Gov. Brown signs the bill as expected, the new legislation will take effect July 1.\n\n\u003c/p>\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1371674849,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":16,"wordCount":791},"headData":{"title":"Open Government Activists Irate Over Proposed Weakening of Public Records Act | KQED","description":"By Francesca Segrè and Dan Brekke First Amendment activists and advocates of open government are furious about legislation sent to the governor that could make public records harder for news organizations and the general public to get. Currently, the California Public Records Act requires local government agencies to respond to requests for public records within","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Open Government Activists Irate Over Proposed Weakening of Public Records Act","datePublished":"2013-06-19T14:07:24.000Z","dateModified":"2013-06-19T20:47:29.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"100224 http://ww2.kqed.org/news/?p=100224","disqusUrl":"https://ww2.kqed.org/news/2013/06/19/draft-public-records-act/","disqusTitle":"Open Government Activists Irate Over Proposed Weakening of Public Records Act","customPermalink":"california-public-records-act-controversy/","path":"/news/100224/draft-public-records-act","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>By Francesca Segrè and Dan Brekke\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_100402\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003cimg class=\"size-medium wp-image-100402\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/56531571-300x200.jpg\" alt=\"File photo. Sacramento (David Paul Morris/Getty Images)\" width=\"300\" height=\"200\">\u003cfigcaption class=\"wp-caption-text\">File photo. Sacramento (David Paul Morris/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>First Amendment activists and advocates of open government are furious about legislation sent to the governor that could make public records harder for news organizations and the general public to get.\u003c/p>\n\u003cp>Currently, the \u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=06001-07000&file=6250-6270\" target=\"_blank\">California Public Records Act\u003c/a> requires local government agencies to respond to requests for public records within 10 days, to inform those who request information what records are available, to explain themselves when they deny a request, and to provide electronic records in the same form they're stored (for instance, if your town has an Excel spreadsheet of employee salaries that's subject to disclosure and you ask for that information, the town is obligated to provide the spreadsheet).\u003c/p>\n\u003cp>All that would change under a provision passed as a \"trailer\" to the state's budget last week and sent to Gov. Jerry Brown.\u003c/p>\n\u003cp>Those directives in the current law are redefined as \"best practices\" and local government agencies are \"encouraged, but are not required\" to follow them. The \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB76\" target=\"_blank\">new language\u003c/a> would also compel local agencies to announce at their first public meeting every year whether they'll volunteer to adhere to the best practices. (Note, though, that the changes do \u003cem>not\u003c/em> repeal the Public Records Act, and all the law's provisions still apply to state government records.)\u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The changes were suggested by the Brown administration as a way of relieving a potentially expensive state mandate on local governments. In \u003ca href=\"http://www.lao.ca.gov/reports/2013/localgov/Newly-Identified-Mandates-53113.pdf\" target=\"_blank\">an analysis\u003c/a> of the new law, the independent Legislative Analyst's Office said the annual cost of reimbursing cities' and counties' adherence to the mandates of the Public Records Act could be in the tens of millions of dollars. An LAO official contacted today said the state has never received a bill from local agencies for public record requests.\u003c/p>\n\u003cp>Peter Scheer of the \u003ca href=\"http://firstamendmentcoalition.org/\" target=\"_blank\">First Amendment Coalition\u003c/a> says the bill gives local governments a chance to create roadblocks to getting records.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cp>\u003cem>Editorials\u003c/em>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://www.mercurynews.com/opinion/ci_23485981/mercury-news-editorial-public-records-act-must-be\" target=\"_blank\">Public Records Act Must be Restored\u003c/a> (San Jose Mercury News)\u003c/li>\n\u003cli>\u003ca href=\"http://www.visaliatimesdelta.com/article/20130619/OPINION01/306190004/Editorial-RIP-California-Public-Records-Act\">RIP: California Public Records Act\u003c/a> (Visalia Times-Delta)\u003c/li>\n\u003cli>\u003ca href=\"http://www.fresnobee.com/2013/06/18/3349183/editorial-tell-brown-to-veto-attack.html\">Tell Jerry Brown to veto attack on Public Records Act\u003c/a>\u003cstrong>\u003cstrong> \u003c/strong>\u003c/strong>(Fresno Bee)\u003cbr>\n\u003c/li>\u003c/ul>\u003c/aside>\n\u003cp>But state Sen. Mark Leno, a Democrat from San Francisco who supported the bill, says changing the law's requirements to \"best practices\" will still put pressure on local governments to honor records requests. \"If your city or county government were to take such a vote not to provide these services, then they’re going to hear about it and you will rightfully have a problem with your local elected officials.\"And LAO senior analyst Marianne O'Malley echoed that belief. \"Ask any local government association — they’re all over this,\" she says. \"It is part of the fabric of California. I strongly doubt that anyone is not following the best practices. To make a public declaration that anyone is not going to follow these practices would be an extraordinary step.”\u003c/p>\n\u003cp>Leno conceded that if local governments choose not to follow the revised law's suggestions, it will make it harder for some people to find public records. “Individuals who are less experienced and need a public document and don’t know how to find it -- they will likely need some assistance,\" he said.\u003c/p>\n\u003cp>Under the new bill, local governments could also claim some documents are exempt from public access without saying why they’re off limits. If people believe the local government response is unjust, they can sue.\u003c/p>\n\u003cp>The California Public Records Act was first enacted in 1968 and has been broadened over time. The provisions ordering local agencies to respond to record requests within 10 days and help the public find documents have been in place for more than a decade. But the \u003ca href=\"http://www.csm.ca.gov/\" target=\"_blank\">agency\u003c/a> responsible for determining whether the state has imposed a \"reimbursable\" mandate on local governments has not said how much the Public Records Act is costing cities and counties. Even with the changes in the law, the state will still be on the hook financially for the past decade of implementing the state-mandated components of the records act. The new bill would free the state from paying the bills going forward.\u003c/p>\n\u003cp>Leno said he believes local governments will continue to find money in their coffers to continue to help people locate documents and respond to them promptly. “My bet is that cities and counties aren’t going to change the fact that they provide that service, because it would not be politically expedient—they will hear from their constituents, 'Why are you not providing that service any longer?' \"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>If Gov. Brown signs the bill as expected, the new legislation will take effect July 1.\n\n\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/100224/draft-public-records-act","authors":["236"],"programs":["news_6944"],"categories":["news_6188","news_13"],"tags":["news_1759","news_30","news_4537","news_95","news_71"],"label":"news_6944"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? 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href=\"http://ww2.kqed.org/news/tag/Superintendent-of-Public-Instruction\" target=\"_blank\">Superintendent of Public Instruction\u003c/a>\u003c/li>\r\n\u003c/ul>\r\n\u003c/div>\r\n\u003cdiv class=\"column-right\">\r\n\u003ch3>Local Measures & Races\u003c/h3>\r\n\u003cul>\r\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/tag/soda-tax\" target=\"_blank\">Soda Tax\u003c/a>\u003c/li>\r\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/tag/17th-congressional-district\" target=\"_blank\">Congressional District 17\u003c/a>\u003c/li>\r\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/tag/district-17\" target=\"_blank\">Assembly District 17\u003c/a>\u003c/li>\r\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/tag/oakland-mayor\" target=\"_blank\">Oakland Mayoral\u003c/a>\u003c/li>\r\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/tag/san-jose-mayor\" target=\"_blank\">San Jose Mayoral\u003c/a>\u003c/li>\r\n\u003c/ul>\r\n\u003ch3>Guides\u003c/h3>\r\n\u003cul>\r\n\u003cli>\u003ca 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