Activist group sues Sonoma County, threatens Santa Rosa over law enforcement records

An activist group has filed ?a lawsuit against Sonoma County, saying it has not fully ?complied with its responsibilities? under a new state law mandating ?the release of all law ?enforcement records.

The suit, filed Wednesday in Sonoma County Superior Court, claims the county dodged its responsibilities by not releasing the records in full. The new police transparency law, known as Senate Bill 1421, provides for the release of certain types of police records, including investigations into cases of serious use of force and internal investigations that found an officer lied or committed sexual assault against a member of the public.

The group, Sonoma Citizens for Transparency in Government, says it also will sue Santa Rosa if the city does not promptly produce records relating to the Lopez case.

It filed in early January a public records request for files relating to the 2013 shooting of teenager Andy Lopez by Sheriff’s Deputy Erick Gelhaus, as well as any other investigative files on Gelhaus releasable under the new law. Gelhaus has since been promoted to sergeant in the Sheriff’s Office, and the county last year paid the Lopez family $3 million to settle a wrongful-death suit.

Last month, the Sheriff’s Office released a 74-page report on its investigation into the shooting. But the complaint filed by Sonoma Citizens for Transparency in Government says that’s not good enough.

“The report itself had exhibits or attachments that were not produced, contains references and refers to other records that were not produced,” the complaint reads. “No identification of what has been withheld or the basis for withholding - as required by law - was or has been made.”

Jim Wheaton, a lawyer for the group, said the county claimed the report it made available in response to the group’s request was the only record it had to turn over, even though the law requires the report’s attachments be made available to the public as well.

“What they turned over was a partial version of the county’s investigation,” he said. “They sent a letter saying they have no other responsive records, which is absurd. ... It references other records, and exhibits, and photographs.”

Deputy County Counsel Joshua Myers declined to comment on the lawsuit Wednesday, saying he had not yet had time to review the complaint.

The city of Santa Rosa also is named in the complaint, but Wheaton said the group has not yet decided whether to serve Santa Rosa with the lawsuit.

In early April, the city said it would not release records under SB 1421 that were produced before Jan. 1, the date the law went into effect, but changed course Tuesday evening, saying it would release the records after all.

In the complaint, Sonoma Citizens for Transparency in Government said it has “no trust” the city will actually turn over the records. However, Wheaton said he wants to talk to city officials before serving them with the suit.

“They’ve gone back and forth, so I need to know where they are,” Wheaton said. “So it’ll be a dialogue.”

Santa Rosa City Attorney Sue Gallagher declined a request for an interview to talk about the lawsuit threat.

“Mr. Wheaton has not contacted me (or my office to my knowledge) about his complaint,” Gallagher said in an email. “It would seem more appropriate for me to talk with him directly, rather than through the press.”

John Mutz, a spokesman for Sonoma Citizens for Transparency in Government and former candidate for Sonoma County Sheriff, said releasing the records in full would benefit police officers by building trust in the community.

“I think it is in the best interest of police officials and certainly the majority of police officers that their agencies comply with this and show that they’re going to follow the law,” he said. “And until it happens, we will continue to pursue this matter.”