Opie ofthe Ct Atorney are: 1500 Capital Aen, log A | #0. Box 506, remo, CA 4575006 FLEMONt | sic2scinpr site| eterno September 18,2015 Darwin BondGraham Stal? Writer, East Bay Express 318 Harrison Streot, Suite 302 Oakland, CA 94607 Darwin Bond buyer Re: Public Records Act Request Dated September 14, 2015 Dear Mr. BondGraham: “This letter isto respond to your September 14, 2015 Public Records Aet request requesting records related to law enforcement electronic surveillance devices, “To the extent that the requests seek documents containing information gathered as part of an individual eriminal investigation case file or intelligence fil, these records are exempt from «liselosure under Government Code Section 6254(1), ‘To the extent the requests seek records that fare not part ofan individual criminal investigation or intelligence file but would reveal the City's ‘operational/technical stateges, the public interest in not disclosing the information outweighs. the public interest in dislosing, since releasing such records tothe public would jeopardize public safety the safety of allied public safety agencies and the ability of the police to safely implement safety and security measures to protest the community. Furthermore, disclosure of this information to the public would allow individuals to defeat or avoid the City’s efforts regarding public and officer safety, property protection, and apprehension of fleeing suspects, ‘As a result, this information is exempt from disclosure under Government Code Section 6255 and Evidence Cade Section 1040(b)(2), To the extent thatthe request information that falls within the attorney deliberative process privilege, attomey work produc, and pending and active li exception, these records are exempt from disclosure under Government Code Sections 6254(b), (625k), sid 6255 and Evidence Code Scetons 1040, 952, and 954, Request. Any and all grant documents from 2013, 2014 and 2015 pertaining tothe acquisition of any cell phone surveillance technologies including but not limited to Harris Corporation Stingray, Hailstorm, or any other brand device ‘The City of Fremont participated in a grant application, but the Alameda County District Awomney completed the application and has the ecards ofthe grant application.Darwin BondGraham September 18,2015 Page of? [Request 2, Any emails sent tothe City of Fremont police by Craig Chew ofthe Alameda County a's office that pertain tothe acquisition ofa cell phone surveillance device. And please also provide any emails sent by Fremont Police employees to Mr. Chew. Please search between the dates of January 1, 2014 and the present. “The City has no records which are responsive to your request, Request 3. Any budget ndior expendivure andor purchase and/or reimbursement wees pertaining to the use of Fremont city funds to acquire or gain access to ace phone surveillance ‘device, Please search records created oF otherwise used in the years 2013, 2014, 2015. ‘The City has no records which ae responsive to your request. Request 4. Any memorandums of understanding andéor agreements and/or contacts, ce, between Fremont and the City of Oakland and the Alameda County DA's office pertaining in any way t eel phone surveillance equipment, i ton, use, sharing, cost, ‘The City has no records which ae responsive to your request. Request 5. A copy of the non-disclosure agreement between the City of Fremont and any federal agency and i applicable the Harris Corporation pertaining to cell phone surveillance devices “The City has no records which are responsive to your request If there are records you fel should be disclosed notwithstanding this response, or you would like to discuss your requests and this response further, please fel free to contact me at (510) 284 4030, Very truly yours, DARVEY LEVINE ity AMlomyey 2 GAC BRONWEN LACE Deputy iy Attomey BL.