An open records expert contends that the Hollister Police
Department is required by law to release certain details in a
police report with allegations that a hospital board member kissed
a 16-year-old girl in July.
An open records expert contends that the Hollister Police Department is required by law to release certain details in a police report with allegations that a hospital board member kissed a 16-year-old girl in July.
Ernest D. Rivas is accused of a misdemeanor charge of annoying and molesting a child in connection with the allegation he kissed the girl in July. Rivas was arrested in August by the Hollister Police Department and faces a trial in April. If convicted, he could spend up to a year in county jail and face a fine of up to $5,000.
The police department has declined to release details in a police report beyond the description noted in the criminal complaint from the district attorney’s office – contained in court records – alleging Rivas kissed the minor. An open records attorney with the California Newspaper Publishers Association, however, told the Free Lance the law “implicitly requires” the police department to release certain details in the report while withholding such information as the suspected victim’s name.
CNPA attorney Jim Ewert cited California Government Code section 6254(f) – which details portions of such reports police must provide.
“As long as they have a copy of that report, then they need to be responsive to your request for the information,” Ewert said.
Police department spokesman Sgt. David Westrick has noted in prior interviews officials would not disclose the report’s details because the case already is in the court proceedings. Ewert said the case’s status in court is irrelevant to the law’s requirements on open access.
Westrick previously has said the information would have to come from the district attorney’s office. The deputy district attorney handling the case, Karen Forcum, referred the request back to the police department.
When told of the records attorney’s opinion Friday, Westrick said he would again ask Police Chief Jeff Miller about the report. On Monday, Westrick said the department’s decision has not changed. The Free Lance on Monday also submitted a written request for the records while citing the California Public Records Act.
“It’s a matter of investigative integrity,” Westrick said.
Ewert said the only possible reason to withhold the record – police would be required to redact identifying information for the suspected victim because she is a minor and the case alleges a sex crime – would be the contention it would “jeopardize the investigation.”
“The investigation is completed – then they can’t say that,” Ewert said.
He went on: “The law implicitly requires them to prepare a separate document that lists the information you’re entitled to.”
Rivas was elected to the San Benito Health Care District board in November 2008. Two of the other four board members, Gordon Machado and Mary McCullough, have said he should step down from the position.
