HomeMy WebLinkAboutMINUTES - 12181984 - 1.73 TO: BOARD OF SUPERVISORS
Contra
FROM: RICHARD K . RAINEY, Sheriff-Coroner
Costa
DATE: November 16, 1984 ul Ily
SUBJECT: Prohibition Against Disclosure of Criminal Information Bulletin
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) $ BACKGROUND AND JUSTIFICATION
RECOMMENDATION
The Board of Supervisors prohibit the disclosure of the Sheriff's
Department Criminal Information Bulletin to other than law enforcement
agencies and personnel by adoption of the attached Board Order.
BACKGROUND AND JUSTIFICATION
On Wednesday, September 12, 1984, several copies of the Sheriff's
Department Criminal Information Bulletin No. 42, Volume VIII, dated
March 5, 1984, were found lying on benches in the County Courthouse.
Copies were found on the first three floors.
One of the persons identified in the bulletin was a defendant on trial
in the court. He had been on trial the week before and during the time
the bulletins were found. Deputies picked up the bulletins before any
jury member observed them, but the defendant still demanded a mistrial
because of the bulletins being made 'public."
It is unknown who distributed the bulletin, but the matter is under
investigation. The bulletin was written for officer safety purposes.
The topic was the Posse Comitatus and listed 11 persons who subscribe
to the philosophy of the Posse.
On Tuesday, September 18, 1984, a citizen confronted Sheriff Rainey
with a demand letter to release information on why he was listed as a
member of the Posse Comitatus. His reference was to his name being
on the bulletin in question. He said he found a copy of the bulletin
in a trash can in the courthouse.
County Counsel researched this citizen's demand and found that no
information was required to be released to him. The decision was based
on California Government Code Section 6254(f) . It was the County
Counsel's recommendation that the Sheriff's Department prepare a
specific order for the Board's adoption which would prohibit disclosure
of the bulletin as per Government Code Section 6254.5(d) .
(See attached board order)
CONTINUED ON TTACHMENT: YES SIGNATURE:
MMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON eCem er APPROVED AS RECOMMENDED OTHER \
VOTE OF SUPERVISORS 00 161
X UNANIMOUS (ABSENT "' ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
CC: Sheriff-Coroner ATTESTED December 18, 1984
Phil Batchelor, Clerk of the Board of
Supervisors ana Goa .y harnln!stratoi
M382/7-88 BY -, DEPUTY
T HE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Deceriber 18 , 1984
Adopted this Order on , by the following vote:
AYES: Supervisors Powers , Fanden , McPeak, Schroder , Torlakson .
NOES: None .
ABSENT: None .
ABSTAIN: None .
SUBJECT: Prohibiting public disclosure of the )
Sheriff ' s Criminal Information )
Bulletin )
Upon the recommendation of Sheriff-Coroner Richard K. Rainey
and pursuant to Government Code Section 6254 . 5 (d) ,
THE BOARD ORDERS that disclosure of the Sheriff-Coroner ' s
Criminal Information Bulletin other than to law enforcement
agencies and their personnel within the State of California, or
as may be necessary for the administration of the Sheriff-Coroner ' s
Department, is prohibited.
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ATTESTED: I I c
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By
Orig. Dept.:
cc: County Administrator
Sheriff-Coroner
00 162 -/9
1 . CRIMINAL_ INFORMATION BULLETIN
.2 . SHERIFF-CORONER PROHIBITED AGAINST DISCLOSURE