ATTENTION: Public Records Request
Rodriguez, Elizabeth <Elizabeth.Rodriguez@sdcda.org>
To: "roryjfleming813@gmail.com" <roryjfleming813@gmail.com>
Mr. Fleming -
Fri, Mar 2, 2018 at 7:07 PM
On February 21, 2018, the Office of the San Diego County DistrictAttorney received your emailed request, pursuant to the California Public RecordsAct (CPRA), seeking the following information:
1. Any and all workers' compensation fraud cases the San Diego County District Attorney's Office has prosecuted against workers as well as companies in the last 10 years,
2. Any and all grant monies given to the San Diego County DA's Office's insurance fraud unit in the last 10 years, and
3. A list of every prosecutor and staffer attached to deceased deputy DA Christine Trevino email entitled "MY DEATH" from November 2011.
I am the designated custodian of records for this Office assigned to handle your request.As per your first request, we grant your request, in part. [Please see attached spreadsheet.] Penal Code section 11144 permits the dissemination of statistical or research information from a criminal history record, and so you are provided with the case numbers of worker’s compensation fraud cases prosecuted by this office in the last 10 years. The names of the defendants, however, will not be provided as criminal history records may not be disclosed pursuant to Penal Code sections 11142 and 11143. Penal Code section 11142 makes it a misdemeanor to knowingly furnish a record or information, such as summary criminal history information, to a person not authorized by law to receive the record or information. Penal Code section 11143 makes it a misdemeanor for an unauthorized person to knowingly receive that record or information. Therefore, information which would identify the criminal history of particular individuals will not be provided.
As per your second request, it is granted in full. Please see a list of all worker’s compensation fraud grant awards given to this office within the last 10 years below
Regarding your third request, for “Alist of every prosecutor and staffer attached to deceased deputy DAChristineTrevino email entitled "MY DEATH" from November 2011,” we respectfully deny your request.This Office conducted a search and did not locate a responsive record. Additionally, to the extent such a record may exist, it does not constitute a "public record" within the meaning of the California Public RecordsAct and therefore is not subject to disclosure.A"public record" is defined as a "writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency...." (Gov. Code, § 6252, subd. (e).) In order to qualify as a public record, at a bare minimum, a writing must relate in some substantive way to the conduct of the public's business. (City of San Jose v. Superior Court (2017) 2 Cal.5th 608, 618.)Apublic employee's writings are not automatically subject to disclosure under the CPRA. (Ibid.) "Communications that are primarily personal, containing no more than incidental mentions of agency business, generally will not constitute public records." (Id. at pp. 618-619.) In the instant matter, the writing you seek was not prepared or sent by Ms. Trevino within the scope of her employment. Rather, this was a personal communication written by Ms. Trevino regarding a personal matter, and was sent shortly before her suicide. Further, such a record would not be retained by employees of this Office in the discharge of their duties.As such, this writing does not qualify as a public record and is not subject to disclosure under the CPRA.
In closing, please note that this Office claims for its records, such as might exist, any and all applicable exemptions from CPRAdisclosure. In maintaining the lawful confidentiality of these records, this Office claims, enforces, and applies any and all applicable exemptions, privileges, and proscriptions against public disclosure of records, including, but not limited to, those listed inArticle
2 of Government Code, Title 1, Division 7, Chapter 3.5, the Evidence and Penal Codes, and the Federal Rules of Evidence.
Please feel free to contact me if you have any questions
Thank you,
Elizabeth Rodriguez Deputy DistrictAttorney Appellate &Training DivisionFrom: Rory Fleming [mailto:roryjfleming813@gmail.com]
Sent: Wednesday, February 21, 2018 12:11 PM
To: Public Affairs; Sierra, Tanya
Subject: ATTENTION: Public Records Request
February 21, 2018
San Diego DistrictAttorney's Office
330 W Broadway, San Diego, CA92101
To whom it may concern,
Under the California Public RecordsAct (Gov. Code §§ 6250-6276.48), I request the following from your office:
Any and all workers' compensation fraud cases the San Diego County DistrictAttorney's Office has prosecuted against workers as well as companies in the last 10 years.
· Any and all grant monies given to the San Diego County DA's Office's insurance fraud unit in the last 10 years.
· Alist of every prosecutor and staffer attached to deceased deputy DAChristineTrevino email entitled "MYDEATH" from November 2011.
Please provide me with the cost of complying with this request before you begin and a timetable for how long it will take to complete the request within 48 hours after receiving this.
I would like you to provide the records electronically at the email address below.
Should you deny my request, or any part of the request, please state in writing the basis for the denial, including the exact statutory citation authorizing the denial.
Thank you for your time.
Best, Rory Fleming, Esq.704.763.2584
PRA18-27 WC Cases.xlsx 23K