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JASSY VICK CAROLAN LLP






 

JASSY VICK CAROLAN LLP

Duffy Carolan (CA State Bar No. 154988)
601 Montgomery Street, Suite 850

San Francisco, California 94111
Telephone: (415) 539-3399

 

 

Facsimile: (415) 539-3394 [1 U: 3 
LIFORNIA
Email. dcarolan@1assvv1ck.corn super?ggng?TngEgQ DE .
Jean?Paul Jassy (CA State Bar No. 205513) OCT- 0 9 2018 53,
Kevin L. Vick (CA State Bar No. 220738) 
800 Wilshire Blvd., Suite 800 
Los Angeles, California 90017 1 D. MURILLO :9
Telephone: (310) 87 0-7048 
Facsimile: (310) 870?7010 
Email: jpjassy@jassyvick.com 
kvick@jassyvick.com -
Attorneys for Petitioner/Complainant
CALIFORNIA NEWSPAPERS PARTNERSHIP,
dba THE SOUTHERN CALIFORNIA NEWS GROUP AND
THE PRESS-ENTERPRISE
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF RIVERSIDE
UNLIMITED JURISDICTION RE 
SOUTHERN CALIFORNIA NEWS GROUP, Case Nodba THE PRESS-ENTERPRISE, .--.
VERIFIED PETITION FOR WRIT OF
Petitioner/Complainant, MANDATE TO COUNTY OF
RIVERSIDE DIRECTING
v. COMPLIANCE WITH THE
CALIFORNIA PUBLIC RECORDS ACT
COUNTY OF RIVERSIDE, AND ARTICLE 1, SECTION 3(b) OF THE
CALIFORNIA 
Respondent/Defendant. COMPLAINT FOR DECLARATORY
AND INJ UNCTIV RELIEF

(Cal. Gov?t Code 6250, et seq; Cal. Const.
Art. 1, Cal. Civ. Proc. Code 1085, et
5661-)

 

Petitioner/Complainant California Newspapers Partnership, dba Southern California News
Group and The Press?Enterprise, petitions this Court, through this Veri?ed Petition for Writ of
Mandate/Complaint for Access to Public Records, to command Respondent/Defendant County of

Riverside (?County?) to comply with the California Public Records Act Government

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Code 6250, et seq., and California Constitution, Article 1, Section and to declare that the
County has failed to do so. By this Veri?ed Petition/Complaint Petitioner alleges:
INTRODUCTION

1. The CPRA and California?s Constitution give the people the right to see the records
of California?s public agencies and of?cials. James Madison explained over 200 years ago that
public access to information about our government and the activities of our public of?cials is
fundamental to democracy: ?Knowledge will forever govern ignorance and a people who mean to
be their own governors must arm themselves with the power knowledge gives. A popular
government without popular information or the means of acquiring it, is but a prologue to a farce
or a tragedy or both.? San Gabriel Tribune v. Superior Court, 143 Cal. App. 3d 762, 772 (1986).
Consistent with this principle, the California Legislature declared in the CPRA that ?access to
information concerning the conduct of the people?s business is a fundamental and necessary right
of every person in this state.? Cal. Gov?t Code 6250. In 2004, California voters added a
provision to California?s Constitution reinforcing the ?right of access to information concerning
the conduct of the people?s business, and, therefore, the writings of public of?cials and
agencies shall be Open to public scrutiny.? Cal. Const., art. 1, 

2. Through this Veri?ed Petition/Complaint, Petitioner seeks disclosure of public
records relating to completed investigations of public employee fraud, abuse and waste reported to
the County through its Fraud, Waste, and Abuse Program, and related fraud hotline, established
pursuant to California Government Code Section 53087.6, including such reportable incidents as
embezzlement, extortion, bribery, payroll fraud, sexual harassment and discrimination.
Speci?cally, Petitioner seeks an order commanding production of the following:

1 All reports of investigative audits conducted by the County?s Auditor-

Controller under its Fraud, Waste, and Abuse Program pertaining to

?substantiated? ?ndings of fraud, abuse or waste by County employees from 2014

to the present?redacting only the identities of reporting parties and subject

employees, as required under paragraph (2) of subdivision of Section 53087.6

of the Government Code. Section 53087.6 expressly exempts from its

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[con?dentiality provisions ?any report of an [audit] investigation that has been
substantiated, or any ?ndings resulting from a completed investigation that are
deemed necessary to serve the interests of the public.? Cal. Gov?t Code 
53087.6 (emphasis added). In authorizing at the very least disclosure of
substantiated audit investigations conducted by a city?s or county?s auditor or
controller, the Legislature also considered the personal privacy interests of
reporting parties and subject employees by requiring that their identities remain
con?dential. Id;

(ii) For those calls or investigations initiated from the County?s fraud hotline
but referred to other agencies within the County for investigation or discipline, all
reports and related writings pertaining to completed investigations as allowed
under the generally applicable laws pertaining to public employee privacy. 
Cal. Gov?t Code that generally applicable laws governing
privacy apply to cases referred to other agencies for investigation). Under these
laws, the public?s right of access to writings pertaining to public employee
wrongdoing prevails over a public employee?s privacy interests where: the
allegations are found true or discipline is imposed [Marken v. Santa Monica-
Malibu Uni?ed Sch. Dist, 202 Cal. App. 4th 1250, 1272-73 (2012); American
Federation of State, County and Municipal Employees v. Regents of the
University of California 80 Cal. App. 3d 913, 918 (1978)]; Or 
even if no discipline is imposed, the allegations are found by the Court to be well
founded and substantial in nature [Marken, 202 Cal. App. 4th at 1273; AFSCME,
80 Cal. App. 3d at 918; Bakers?eld City Sch. Dist. v. Superior Court, 118 Cal.
App. 4th 1041, 1044 (2004)]; or for allegations against public ?gure/public
employees, all documents pertaining to the wrongdoing allegations unless they
are found by the Court to be so unreliable that they could be nothing but false

Inc. v. Superior Court, 143 Cal. App. 4th 742, 759 (2006)].

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m?am-waHO?oo?mM-meI??O

 

3. Rather than produce audit investigation reports of substantiated cases of fraud,
abuse or waste initiated through its fraud hotline (redacted to protect the identities of the reporting
parties and subjectemployees), or apply the generally applicable laws governing access to
information about public employee wrongdoing for those cases referred to other agencies for
investigations, the County issued a blanket denial of access in response to The Press-Enterprise?s
CPRA request seeking access to documents pertaining to completed investigations initiated
through the County?s fraud hotline from 2014 to the present. The County?s denial position is
inconsistent with the Legislature?s express exception to Section 53087.6?s con?dentiality
provision for substantiated audit investigations, and the generally applicable laws governing
access to records pertaining to public employee wrongdoing investigations to the extent
investigations were carried out by other agencies within the County.

4. Petitioner/Complainant thus brings this action to vindicate The Press-Enterprise?s
and public?s statutory and constitutional right of access to public records and to command
compliance with the CPRA and Article 1, Section 3(b) of the California Constitution.

VENUE AND JURISDICTION

5. The relief sought by Petitioner is expressly authorized under Government Code
Sections 6258 and 6259(a), Civil Procedure Code Sections 1060 and 1085, et seq., and Article 1,
Section 39b) of the California Constitution. Venue is proper under Civil Procedure Code Sections
394 and 395 and under Government Code Section 6269(a). Petitioner is informed and believes
that all of the materials to which it seeks access are situated in Riverside County, and that the acts
and events giving rise to the claims, including the denial of access to public records, occurred in
the County of Riverside.

THE PARTIES

6. Petitioner/Complainant California Newspapers Partnership is a general
partnership organized under the laws of the State of Delaware. CNP does business in California as
the Southern California News Group which publishes 11 daily newspapers and more
than a dozen community weeklies. Among the daily newspapers SCN operates are The Press-

Enterprise (Riverside), Orange County Register, Daily News (Los Angeles), The Sun (Sian

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Bemardino), The Press-Telegram (Long Beach) and San Gabriel Valley Tribune?each daily
newspapers of general circulation engaged in the business of gathering and disseminating
information to the public. 1 newspapers are distributed throughout the greater Southern
California area. CNP and its paper The Press-Enterprise, whose reporter made the CPRA request
at issue here, are within the class of persons beneficially interested in the County?s faithful
performance of its duties to the public under the CPRA and Article 1, Section 3(b) of the
California Constitution. CNP, SCN and The Pres s-Enterprise will be referred to herein
collectively as ?The Press-Enterprise.?

7. Respondent/Defendant County of Riverside, acting through employees of the
Riverside County Executive Of?ce and County Auditor-Controller Of?ce, is a public agency and
local agency subject to, and obligated to comply with, the CPRA and Article 1, Section 3(b) of the
California Constitution. Cal. Gov?t Code 6252(b).

FACTS GIVING RISE TO CLAIM

A. Riverside County?s Fraud, Waste and Abuse Prevention Program Under Cal. Gov?t
Code Section 53087.6:

8. In 2008, the California State Legislature enacted Government Code Section
53087.6, which authorizes a city, county, or city and county auditor or controller to maintain a
whistleblower hotline to receive calls from persons who have information regarding fraud, waste,
or abuse by local government employees.

9. Under Section 53087.6, a city?s or county?s auditor or controller may refer calls
received on the whistleblower hotline to the appropriate government authority for review and
possible investigation, or, under paragraph 1 of subdivision (6) of Section 53087.6, a city?s or
county? 3 auditor or controller may conduct an investigative audit of the matter upon receipt of
speci?c information that an employee or local government has engaged in an improper

government activity, as de?ned by paragraph (2) of subdivision of Section 53087.6.

 

1 CNP also publishes newspapers in Northern California, including The Reporter (Vacaville), The
Times?Herald (Vallejo), Chico Enterprise?Record, Ukiah Daily Journal, Red Bluff Daily News
and the Paradise Post, among other newspapers of general circulation.

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[auditor?s or controller?s investigative audit conducted under subdivision (6)
?shall be kept con?dential, except to issue any report of an investigation that has been.
substantiated, or to release any ?ndings from a completed investigation that are deemed necessary
to serve the interests of the public.? Cal. Gov?t Code 53087.6 (emphasis added).

11. Additionally, an auditor or controller may provide a copy of a substantiated audit
report and other pertinent information concerning the investigation to the appropriate appointing
authority for disciplinary purposes. In such referred matters, ?the substantiated audit report, any
subsequent investigatory materials or information, and the disposition of any resulting disciplinary
proceedings are subject to the con?dentiality provisions of applicable local, state or federal
statutes, rules or regulations.? Cal. Gov?t Code 53087.6 

12. On information and belief, in September of 2009, and pursuant to Government
Code Section 53087.6, the County implemented a Fraud, Waste and Abuse Prevention Program to
help combat fraud, abuse and waste by County employees and to maintain the highest level of
ethics and integrity in all county operations. As part of that Program, the County established
Fraud Hotline 24/7! to engage the participation of employees and the public to help meet the
Program goals. Fraud Hotline 24/7! allows anyone to anonymously report concerns of fraud,
waste and abuse via the Internet or by calling a toll free number. Included as examples of the
types of incidents that can be reported through the County?s Fraud Hotline 24/7! are incidents of
fraud, waste, abuse, ethics violations, theft, embezzlement or misuse of county equipment. The

County?s on-line reporting mechanism further describe the types of incidents that are reportable,

including bribery and kickbacks, unethical billing practices, falsifying documents,

misappropriation of funds, and payroll fraud, among other improper conduct.

13. On information and belief, since implementing the Program in 2009, the County?s
Auditor-Controller?s Of?ce has received more than 723 incident reports.

14. As required under Section 5 3087.6, and on information and belief, each incident is
reviewed and investigated by the County Auditor-Controller?s Of?ce or distributed to the affected

department head and their assigned human resources service manage for investigation and action.

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information and belief, and pursuant to a Fraud Hotline 24/7! program activity
report issued by the County on or about July 13, 2018, there were 40 reported incidents in ?scal
year 2016?17, and 91 reported incidents in FY 2017?18. Of the 40 reported incidents in
FY 2016-17, 30 were referred to other agencies for processing and 8 were investigated by the
Auditor?Controller?s Of?ce. Of the 91 incidents in 61 were referred to other
agencies for processing and 23 were investigated by the Auditor-Controller?s Of?ce.

16. Additionally, on information and belief, and pursuant to the Fraud Hotline 24/7!
program activity report, in 13 of the 40 reported incidents in FY 2016?17 the reporting party was
not anonymous. And in FY 2017-18, the reporting party in 20 of the 60 reported incidents was not
anonymous. A true and correct copy of the July 13, 2018 Fraud Hotline 24/7! Program Activity
Report the County provided reporter Jeff Horseman is attached hereto as Exhibit 1.2

B. The Press-Enterprise?s Public Records Act Request and County?s Denial.

17. On August 28, 2018, reporter Jeff Horseman of The Press-Enterprise made a CPRA
request to the County?s Public Information Of?cer to inspect and obtain copies of the following
public records:

Reports, emails, letters, and related paperwork related to completed

investigations arising from complaints placed to the Fraud Hotline 24/7! in ?scal

years 2018-19, 20] 7?18, 2016-17, 2015-15, and 2014-15.

A true and correct copy of Mr. Horseman?s August 28, 2018 CPRA request is attached
hereto as Exhibit 2.

18. On September 5, 2018, Raymond Smith of the County?s Executive Of?ce
responded to The Press-Enterprise?s CPRA request stating, in part, that ?it seeks information
exempt from disclosure under the California Public Records Act. More Speci?cally, the

information is con?dential and privileged under Government Code sections 6254(k) and 6255 as

 

2 Despite later characterizing the summary data set forth in this report as disclosing the ?type,
number, and disposition of the complaints received by the county,? the report merely sets forth
raw numbers, whether the investigation is open or closed, whether it was handled by the County?s
fraud administrative team or other unnamed agency and whether it was reported anonymously or
not. No information on the type of complaint or how the matter was resolved is contained in the
report. See Exhibit 1.

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well as Evidence Code section 1040(a). These sections include information which is protected by
the Deliberative Process Privilege and the Of?cial Information Privilege.? A true and correct
copy of the County?s September 5, 2018 denial letter is attached hereto as Exhibit 3.

19. Despite statutory authority exempting from its con?dentiality provisions
?substantiated? audit investigations of a city?s or county?s auditor or controller (the disclosure of
which must not identify the reporting party or the subject employee), and its own summary
reports of the Fraud Hotline 24/7! showing that the identities of many reporting parties were not
in fact anonymous in reporting fraud, abuse and waste by county employees, the County claimed
that disclosure of any information sought by The Press?Enterprise would ?have a chilling effect
and dissuade people from brining the information As such, the County denied
The Press?Enterprise?s CPRA request in its entirety.

CAUSE OF ACTION
(Violation of The Public Records Act, Cal. Gov?t Code Sec. 6250, et. seq.)

20. The Press-Enterprise realleges Paragraphs 1 through 19 above as though fully,

incorporated herein.

21. The August 28, 2018 CPRA request sought public records as de?ned under the

Cal. Gov?t Code 6252(3).

22. The County violated the CPRA by failing to produce any records, or to segregate
exempt information from non?exempt information so that the remainder can be produced as
required under Government Code Section 6253(a), in response to The Press-Enterprise?s August
28, 2018 CPRA request.

23. There are no exemptions or exceptions to the CPRA that warrant withholding the
writings sought by the August 28, 2018 CPRA request, other than that expressly adopted by the
Legislature in enacting Section 53087.6, which deems unsubstantiated audit investigations carried
out by a city?s or county?s auditor or controller con?dential, and requires that the identities of
reporting parties or subject employees be redacted from substantiated audit investigations.

24. An actual controversy exists as to Whether the writings sought must be disclosed,

and whether those records, or any part thereof, are exempt from disclosure. The Press-Enterprise

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is entitled to an order declaring that it has a statutory right to the writings sought by the August 28,

.2018 CPRA request, and that such writings must be made available to it and the public

immediately.

25. Under Government Code Section 6258, The Press-Enterprise also is entitled to
institute proceedings for a writ of mandate to enforce its rights and the public?s right to obtain
writings responsive to the August 28, 2018 CPRA request. Furthermore, under Government Code
Section 6258, The Press-Enterprise is entitled to have the proceedings resolved on an expedited
basis consistent ?with the object of securing a decision as to these matters at the earliest possible
time.? Cal. Gov?t Code 6258.

SECOND CAUSE OF ACTION
(Violation of Article 1, Section 3(b) of the California Constitution)

26. The Press-Enterprise realleges Paragraphs 1 through 25 above as though fully
incorporated herein.

27. Article 1, Section 3(b) of the California Constitution, passed by an overwhelming
majority of voters in November 2004, re?ects a paramount public interest in access to information
about how the government is conducting the people?s business.

28. This constitutional amendment expressly requires that any statute, court rule or
other authority must be broadly construed if it furthers the public?s right of access and narrowly
construed if it limits the right of access. Cal. Const., art. 1, 

29. The writings sought by The Press?Enterprise are clearly encompassed within these
constitutional mandates regarding the public?s right of access to writings of public of?cials and
agencies.

30. The County has violated the mandates of Article 1, Section 3(b) of the California
Constitution by failing to disclose materials responsive to the August 28, 2018 CPRA
request.

31. An actual controversy exists as to whether the writings responsive to the August
28, 2018 request must be disclosed and whether those records are exempt from disclosure. The

Press-Enterprise is entitled to an order declaring that it has a constitutional right to the writings

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sought by the August 28, 2018 request, and that such writings must be made available to The
Press-Enterprise and the public immediately.

32. The Press?Enterprise is also entitled to institute proceedings for a writ of mandate
to enforce its and the public?s rights to obtain writings responsive to the August 28, 2018 CPRA
request.

RELIEF DEMANDED

Therefore, The Press?Enterprise prays for writ relief and judgments as follows:

1. That this Court issue a peremptory writ of mandate in the ?rst instance, or other
order under seal of this Court, directing the County to immediately disclose to The Press-
Enterprise completed and substantiated reports of audit investigations conducted by the County?s
Auditor-Controller Of?ce (or designated agent) under paragraph 1 of subdivision of Section
53087.6, redacting only the identity of the reporting party and subject employees; (ii) to
immediately disclose all writings pertaining to disciplinary investigations conducted by referred
agencies, including the complaint, investigation records or reports, ?ndings and records re?ecting
the discipline imposed against the public employee, redacting only the identities of reporting
parties or other non?material third parties, but not the identity of the employee subject to discipline
by his or her employing agency for engaging in fraud, abuse or waste.

2. That this Court issue an order to show cause under the seal of this Court, setting a
hearing on this matter as early as possible, and, in advance of that hearing, command that the
County produce to the Court conditionally under seal the remainder of the withheld responsive
writings pertaining to disciplinary investigations that did not result in discipline so that pursuant to
Government Code Section 6259(a) the Court may conduct an in camera review to determine
whether the allegations were well founded and substantial, or, as to public ?gure/public
employees, whether the allegations could be nothing but false, and if not, command their
production, redacted only to protect the identities of the reporting parties and non-material third
parties. Additionally, and only should the Court not immediately issue a peremptory writ in the
?rst instance in conformance with paragraph 1 of this prayer, The Press-Enterprise requests that

the Court command the County to produce all responsive records for in camera review in advance

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of a hearing, and that this command be included in any good cause order setting a hearing date on
the matter as early as possible.

3. That this Court issue a declaration that the withheld writings are public records as
de?ned by California Government Code Section 6252(e) in that they contain information relating
to the conduct of the people?s business, prepare, owned, used or retained by the County and that
the County violated the CPRA by failing to make the writings available to The Press-
Enterprise and the public.

4. That this Court issue a declaration that the withheld writings are writings of public
of?cials and agencies as set? forth in Article 1, Section of the California Constitution and
that the County violated the California Constitution by failing to make the writings
available to The Press-Enterprise and the public.

5. The Court enter an order awarding costs and reasonable attorneys? fees incurred in
this action pursuant, inter alia, to California Government Code Section 6259 and California Civil
Procedure Code Sections 1021.5, 1032, 1033.5, and any other applicable law, in addition to any
other relief granted.

6. The Court award The Press-Enterprise such other and further relief as is just and
proper.

DATED: October 9, 2018.

 

JASSY VICK CAROLAN LLP
By: 149% ?m
Duffy Camil?n

Attorneys for Petitioner/Complainant
CALIFORNIA NEWSPAPERS
PARTNERSHIP, dba SOUTHERN
CALIFORNIA NEWS GROUP and THE
PRESS-ENTERPRISE

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VERIFICATION
l. I, Jeff Horseman, made the Public Records Act request that is the subject of this
action.
2. I have read this Veri?ed Petition for Writ of Mandate Directed to the County of

Riverside Ordering Compliance with the California Public Records Act/Complaint for Declaratory
and Injunctive Relief and know the contents thereof, and I verify that the averments therein are
true of my own personal knowledge, except as to those matters stated on information and belief,
and as to those matters I believe them to be true.

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.

Executed in the Riverside, California on October 8, 2018.

 

 

 

Jeftgig?rseman

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EXHIBIT 1

{3 Positions Added

g3" ALSO

Concurran?ce

Change Order

a 4/5 VGte

SUBMITTAL To THE BOARD SUPERVISORS
COUNTY OF or- 

 

FROM: RiverSide County Auditor~Controller SUBMITTAL DATE:
Inuy13,2018

SUBJECT: Fraud Hotline 24/7! Program Activity Report for the Period of Juiy 1 2017 through
June 30 2018 [District Ali]: 

RECOMMENDED MOTION: That the Board of Supervisors:
1. Receive and file the Fraud Hotline 24/37! Program activity report ?for the Period of July 1,
2017', through June 30, 2018 I



Slimmer!

Subject to Minute Order 3.19, the following incidents are recommended forclosure as ?detaiied.

The Fraud Waste and Abuse- Prevention Committee comprised of County Cmounsel Human
Resources and the rev'ieWs and approves reports for closure on a quarterly

basis The basis for closing incident reports include referrals to other departments with their own

adminiStrative procedures, insof?cient infdn?n?ati?on, or upon conclusion of the InvestlgaW 

Paul Angulo 
Riverside Count Editor-Controller

 

 

 

 

 

 

 

 

 

FINANCIALDATA mew rec: ongoing cost ?iz?ti??lt??ti?t I
COST 5 0.0 0.NET cosr 5 0:0 It 19,20 5- or) on amen" 
SOURCE OF FUNDS: NIA ,BuagetAdjustInent: No

 

 

'Fior Fiscal Year:- nia

 



County Executive Office Signature

 

MINUTES OF THE BOARD OF SUPERVISORS

 

 

Prev. Agn. Ra?: I ALL [Agenda Number:

SUBMITTAL TO THE BOARD OF SUPERVISORS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA

FORM 11.: Riverside County Audltor-Controllers Qttice? Fraud Hotiine Program Activity Report for the
period of- July 1 2017 through June 30 2018

DATE: July 13, 12618
PAGE: Page 2 of?!



Summary (continued)

Since. implementation of the Fraud Waste and Abuse Prevention Program in September 2009-, the
County" AudItor-Controller '3 Of?ce has received 723 incident reports. Pursuant to California Government
Code Section 53087 6 each report is reviewed and investigated by the Auditor-Controllers Office or
distributed to the affected department head and their assigned human resources service manager for
investigation and action. if (necessary, certain incidents are reported to the District Attorney 3 Offioe.

Im act and Businesses 
Provide information on. activity of the. Fraud Hotline 124/?! Program

   

SUPPLEMENTAL:
Additional Fiscal lnfOrmation
Not applicable


Fraud-Hotline 24/7! Program Activity Report forthe Period of July 2017,_ through June 30., 2018

     

7 g, 
I commute
. 7 center? or emanate:
. 5. i 9
Fmg? Paul A'n?g?uio. CPA, MA

Frankie Ezzat, MFA

AUDITOR-CONTROLLER

FRAUD HOTLINE 24/7! PROGRAM ACTIVITY REPORT
FOR THE PERIOD (BF-JULY 1, 20.1.7, THROUGH. JUNE 30, 201-8

The following tables report key incident statistics treat the Convex-cent (fraud) Anonymous incident
Reporting System:

REPORTED AND CLOSED

 

 

 

 

 

 

FY12016-17. FY- 201748
Tetal RepOftfed incidents: 40 91
.FWA Committee Closures.
To Other (30) (61 
By FWA Hotlirie 7 (8) . 
Active lno?ider?tts Fiscal Year End 7 2 7?
REPORT METHOD
FY 2016-17? FY 201211 8
internet 29 72
Catt .Center '10 17
Proxy (-1) 1 22
Reported 40 91

2016.4 7 . FY 2017-18
Full Anonymity ?25 .66
Partial Anonymity .2 ?5
None . 1'3, 20?
Total .. 40 91


(1) inoidents entered into the system by the AuditOr-COntrQIIe-r 5 fraud administrative team
(2.) Reporter wants to remain anonymous to their department; however they allow the fraud
administrative team and fraud, waste and abuse committee to know their identity

EXHIBIT 2

10/9/2018 M?sws Group (dba Digital First Media) Mail - California . Records Act Request

Jeffrey Horseman <jhorseman@scng.com>

 

 

California Public Records Act Request

 

Jeff Horseman <jhorseman@scng.com> Tue, Aug 28, 2018 at 2:20 PM
To: "Smith, Raymond" <RaySmith@rceo.org>

Please see attached.

Jeff Horseman
Staff Writer
The Press-Enterprise/Southern California News Group
1825 Chicago Ave., Suite 100, Riverside, CA 92507
Phone: 951-368-9547
Fax: 951?368-9023

Twitter: @JeffHorseman
Facebook: 

The Southern California News Group newspapers are the Los Angeles Daily News, Orange Caunty Register, Press-Enterprise (Riverside), San Bernardino
Sun, Daily Breeze (Torrance), Long Beach Press-Telegram, Inland Valley Daily Bulletin, Pasadena Star-News, San Gabn'el Valley Tribune, Whittier Daily News
and the Redlands Daily Facts

 

California Public Records Act Request - Fraud Hotline.docx
22K

1/1

slf, PRESS-EN- 

   

 

Jeff Horseman
Staff Writer

August 28, 2018
RE: Public Records Act Request

Raymond Smith

Public Information Of?cer
County of Riverside

4080 Lemon St.
Riverside, CA 92501

Dear Mr. Smith,

Pursuant to my rights under the California Public Records Act (Government Code Section 6250 et seq), I
ask to inspect and obtain copies of records held by County of Riverside

Reports, emails, letters, and related paperwork related to completed investigations arising ?om
complaints placed to Fraud Hotline 24/7! in ?scal years 2018-19, 20] 7-18, 2016-] 7, 2015?16, and 2014-
5.

I ask that the records ?rst be made available in digital format such as compact disks or by upload to
storage server such as iCloud or Dropbox. Should you prefer uploading, please call me at 951-368-9547
to make arrangements.

If you determine that any or all or the information quali?es for an exemption from disclosure, I ask you to
note whether, as is normally the case under the Act, the exemption is discretionary, and if so whether it is
necessary in this case to exercise your discretion to withhold the information.

If you determine that some but not all of the information is exempt from disclosure and that you intend to
withhold it, I ask that you redact it for the time being and make the rest available as requested. In any
event, please provide a signed noti?cation citing the legal authorities on which you rely if you determine
that any or all of the information is exempt and will not be disclosed.

If I can provide any clari?cation to help expedite your attention to my request, please call me or email me
at jhorseman@scng.com.

Thank you for your time and attention to this matter.

Sincerely,

Jeff Horseman

1825 Chicago Ave., Ste. 100, Riverside, CA 92501-3878 - (951) 368-9547- email: jhorseman@scng.com

EXHIBIT 3

10/9/20,18 M.ews Group (dba Digital First Media) Mail - Fraud, w.buse records request

lg i to lg? Jeffrey Horseman <jhorseman@scng.com>

 

Fraud, waste, abuse records request

 

Smith, Ray <raysmith@rivco.org> Wed, Sep 5, 2018 at 2:00 PM
To: Jeff Horseman <jhorseman@scng.com>

 

September 5, 2018

Jeff Horseman
Staff writer

Southern California News Group

Dear Mr. Horseman,

This email is to acknowledge receipt of your August 28, 2018 California Public Records Act request, which seeks to inspect and obtain copies of
records held by County of Riverside. Speci?cally, you requested, "Reports, emails, letters, and related paperwork related to completed
investigations arising from complaints placed to Fraud Hotline 24/7! in ?scal years 2018-19, 2017-18, 2016-17, 2015-16, and 2014-15.?

Your request must be denied in that it seeks information exempt from disclosure under the California Public Records Act. More speci?cally, the
information is con?dential and privileged under Government Code sections 6254 and 6255 as well as Evidence Code section 1040(a). These
sections include information which is protected by the Deliberative Process Privilege and the Of?cial Information Privilege.

The complaints and associated records comprise a system put into place to discourage fraud, waste and abuse in Riverside County, and to
encourage reporting of any incidents that people believe might have occurred. The records are con?dential because employees and others
would be less likely to bring the information forward, concerned about possible repercussions if ?ling a report could lead to them being publicly
identi?ed. Even in cases in which names are not disclosed, the information itself could identify those ?ling the reports because few people might
have access to the speci?c information contained in the complaint.

. 1/4

10/9/2018 M.ews Group (dba Digital First Media) Mail - Fraud, w.buse records request

Releasing the complaint files and related records could have a chilling effect and dissuade people from bringing the information forward, and
would therefore be against the public interest. Such a chilling effect would defeat the primary purpose for which the system was

established. Moreover, the county has instituted strict security guidelines. All reports received via the hotline or website are con?dential and
must be protected to ensure that only authorized personnel have access to the data.

As such. Riverside County will not disclose the records sought in your request because the public interest served by not disclosing the record
clearly outweighs the public interest served by disclosure of the record. Additionally. on August 21, 2018 I provided you with the FY 2017/18
summary data of all complaints in order to preserve the con?dentiality of the underlying source data while providing the public with an
understanding of the types, number, and disposition of the complaints received by the county. As i offered at the time, i will be happy to provide
the summary data for other years if you wish to receive those.

Please let me know if you have any questions.

Sincerely.

Raymond Smith

Riverside County Executive Of?ce

. 2/4

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RTTORNEY OR PARTY Name 8.110019% and address:
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601M011 gumegfireet. Suite. 850

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VELEPRQRERQ: 4155539? 3399

FDR. 

FAX 41 5539-33 94

FOR COURT USE-ONLY

 

1501433192 sou m" 9? canary 05. Riverside

STREET ADDRESS 4050. Main Street
MMUNG- 

0527434922.? cons: R3verside, CA 92501.
BRANCH mg Riverszde ?11ng0 Courthouse

 

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I QAQENAMQ R56
Ca1ifom?ia Partnership v. County of Riverside
CIVIL CASE cover: sham 0 6 1- 
- Ua?mited 1:3 Limited :1 1:3 . 8. 2
(Amount -'(Amuunt Caunter Jomder JUDGE
demanded demanded is Fiied With ?rst appearance by defendant 
$25900 or less) (Cal of: (3:31.41 rate 3 402) 0:14;

 

 

Items 1461291011! mast be mmplefed {see :nsz?rucfzons an page 2)
1. one box be? my for ihe case type that best Q?s c3516 



 

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Auto? Tort Provisiofna?y comma); Civil {.Iitigation
Auto (22) . Breach 0f cantfac?warranty (05) (Cal. Rates of mutt, rides.- 3 499:3 .403)
Uni nsured 0301131141 (46) R018 3:5'40 coIIQctiQnsxog) reguiation-(OB)
Other PUPDIWD (Femoral inquryJPeratty ?mer milea?onswg) defeat (10)
IDamangWrongful 532411) Yon: [3 leaQO 401481739968} Mass 1641 {40)
:3 AsbestIoIs [3 S?cnri?es :antion (28)
i :3 ProQth ?Ia'b?itIyg (24) Rea! PIIrIoperty. EnvzronmentaUToxm 10:1 (30)
:3 ?MejQicIal malpractzce (45) - Ermn?nt damam?nverse insurance doveragQ claim ?143ng from the
E: PIIPDIWR (I23) condemnatxo?n (14). ?1st prewsxanaity cumpzex case: 9 
9 2 Wrongfui Nation (33) W933 
7 . .. Busmess iowuafair Business practice I th?r- rear! {41?}deme IEnforce?menItI 01? JQdIgmen't . 
. 1 . ?rQ; v3 ngnijs Unlawful- Detainer Emma-merit 
Defamation (13) Commercial (31) Miscelianebus Civil Complaint
IE3 Fraud (-1.6) . Res'iIdQ??Iai {32) mag I
2 1:1 :?mzesec'tuaz 1340138413! <19) 13445438) 4941142)
37 'meessional negkgence (25} Judicial: Review Misce?anaaus Petition . 
191: (35 MAR ?949me (05)

Partnershi and- -00erth Qovemgnca' {21)

. aware} .- Other petitiqn spec?aa? abnvg) (43)
mg 9g mandate {02)

"20m- emplayment' (15) - Oiher 34.241013! ravzew (39) -

is .nQi mmpiex 210de "ruiQ .3 480, 01 the Qf Court 11?. 1hQIcase: isII campiex mark 
9 cephonai 111316181 management II

144911
. termmaimn (36)

 

 

 

 

 

 
 
 
 
 
  

 

9.1.4239 number of. Witnesses .. I
Q. - Coardanaiicn with. refated Q?c?QIns peang' onQ more courts

. -c Ejpunztwe
(1) 3?41an 91? Cal Public Renews Act (2) Art 1 Sec..3 of Ca1.C0nst
as nc?v?t a class sust. 

    
 
      
 

 

 

 

 

 
 

. must ?ie 11318 eqver Istht with 1114 ?rst paper; ?ied ?f?j actio Qr proceeding (except small Qia'img cases cases ?ied . I
. "Probate-Code Family Code I391: Weifare and 5111;112:003 Cede) (053 Rules of Cam. ruie I3 220) FaxEum ?ie mQyI. resuit .

     
  

 

 

   
 

 

 

 
 

0 3400-6403 3135

$335- RQEQS 01? {301112, (9165' 
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(201.010 QR 49141392074

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ON HOW TO COMPLETE THE COVQSHEET CM 010
To. Plaintiffs arid Others Fiting are": Papers if you are 15 mg a first paper. (for exempts a.oompia1nt).in a civil case. you must
oompiete and tile along With. your 'rirSt the Civil Ease Rover; Sheet contained on page 1171115 infoEmation- wit be tree'c'i to compile
statistics about the types and numbers of cases ??led You must complete items 1- through 6 on. the; 111 item 1, you. roast check:
one box for the ease type that best describes the case if the case fits both a. general and a more sp?ai?c? type of ease listed in item 1
oheok the more specific 0113111119, case has multiple causes erection check the box that best indicates the primary- cause or action;-
To assist you- in completing the sheet, examples of the ;cases that belong uniter each case type in item 1 are provided below A cover
sheet must he filed only with your initial paper Failure to ?le a cover sheet with the ?rst papa? 1' led in a- civil sales may subject a party
its counsel or both to sanctions tinder rules 2 3D anti 3 220011113 Caiifomia R11 lea of Goiirt

under rule 3 .741} is de?ned as an action for recovery of. money
owed 1'1 3 sum stated to be. certain that is not more than 325 000 exoluaive of interest and attorney's fees arising from a transaction 1n

whioh oroperty. Semioea. or money was aoquired' on credit A ooileo'tions case does not ino?ltid'e an action seeking thef'oitowing: (1)5311

damages, (2) punitive damages recovery of real property reoovery of personal property or (5) a prejudgrnent writ of
attachment. The identification of a case as a 11113 3 740' collections case on this form means that it wilt be exempt from thegeneral
time-ior-servioe requirements are case management roles, unless a defendant files a responSitre pleading A rule 3 741) no ll'eotions.
ease-11113111161 suhieotto the requiremeots- for service and obtaining 111119111th 1'11 rote 3 

To Parties in Complex Gael-23,111 complex cases oniy, parties must also use. the Civil Case Cover Sheet to designate whether the
case is oomelex 11a plaintiff as haves the case is complex under rule 3 400 of the California Rules or court, this. most be indicated by
completiog the. appropriate. .box'es'f in items 1 and. 2 if a laintit?t- designates a oasis as. complex, the Cover sheet must he served with the
complaint on ail parties to the action. A defendant may: ?le and serve. no later than the time-111113 ?rst appearance 'a joincier in the
plaintiffs designation a counteroesignation that the case is not comtrlex or. if the plaintiff has made no designation a designation that
the case is complex

CASE TYPES AND EXAMPLES.
Auto Tort Contract Provisionally Complex Civlt Litigation (cat
Breach of contracmi?tarramy (06) Rules of Court Rules 4113-31403)
Death Breach off-Rentalieese Antitruletffrade Regulation (03)
1111111311131 Motorist (411} {if the 
c?sg imrq'?aes an unin?sure'd ewchfon} Claims trimming 11113555103140)

011191 9119111111: (liaisons; injury:

motoristclaim subject to ContraoWVarrantti Breach?Setter Securities Litigation (23)
3111111311311, 5111;153:1115 item Pla'ihtiff {not fraud or- hegiigencs) Envxronmentalfi?oxro Tort. (30)
j; msfeadgmugo) Negligent 31333113 '01. 13111111151111 ?thurano'e. Coverage Claims 

(arising from provisionally "complex

Warrahty

 

 
    

Other Breach of ,Contrach?Warranty case ?ips altered 111151131141)
.Prooerty Damage?llrongful Death) Collections {e 3 money owed, open Enforcement of {Judgment
Asbestos (311). book accounts) Enforcement of Judgment 121:1)
Asbestos Eroperty; Damage . Abstract of- Judgment (Out of
Asbestos PerSona?i injury! Either Promissory RotefColieotions 1:911:11 t'y) -
Wmng?li Death Gas Confession of Judgment (non-
gamma; Liability. asbestos or Insurance Coverage (not provisionally domestic {?151,005}
mxrc/envimnmentag comm-1X} (18) 815135' State 1311139131801
. lutectioai Malpractice AW) $ub1053?0? Admioistrative Agenoy Award
Medical Malpractice; Oiher Coverage (135111121133 taxeSJ . 
- ., . 133113 81? Surgeons ether. Qontraot {37) 9.311.129.1313, .. Goof-Entry, of
""0111 . ..rofeSsliinal Heat 51 Sara - contractual Fraud Judgme ??935 Taxes
. Malpractice Other Centred {Alienate {Ether Enforcement 01.111111111113111
. as re a
- 01113; Miscellaneous Complaint
Conclemnalron Rica (37)
Wrongful Emotion {331-03161 Complaint 12:11 spewed

.1 above} C4 

 
      

11311131111113} (25) ?Dl?'?larator
. riy. Relief iny
- 1 eel Property -:lniunotive Refs? Gnly (non?
- .Neglrge inflicts of Quest Ei?? . 

Other commercial Complaint
Gees (nomrortfnon-complex)

{Jitter Rea; Property (not emiherat
Iandl?orctrenant or

   

 

Emotronal 91311333
. .

 

 

 

  

   
 

eforeoiosare)
Other Civilf complaint
1111;118:3511! Deta?fie? - {non-tortinon?complex)
mmemia Miscellanea - ?Civil Petition
Residential Partnership and Corporate
Drugs "?fths case- :hvoives. iflega! Governance 
#3193,- 03186}? if?! 1139?: otherwise? Other Petition {not spoofed '7
. repel-13?s: Commercials: Reordentrae. above} {43)
.1 .Judizgg?vgvi (051 . Chill Harassment .
- 0 e1 W51 Work lace Volence
1113 Property Petition Re': Arbitration Award (.1 1) --'EloerfDependent Amit-
fig eooet 5) WntofMan 773111.102Abuse. . . 
. . .- ?leotxon 136111331 .
.. -.Petitio'11' rar- Nettie Change 
Case Matter . Petition 'fo?r. Relief FEom Late
Writ?Other Limited Sour! Case -, Claim --
Review . Other 01ml Petition

Other Judicial: Revrew (39)
Renew or Health Gt?cer Greer

 

 

 

. ragga org

SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE
4050 Main Street
Riverside, CA 92501


. NOTICE OF STATUS CONFERENCE

SOUTHERN CALIFORNIA NEWS GROUP VS COUNTY OF RIV
I CASE NO. RIC1820616

The Status Conference is scheduled for:

DATE: 12/10/18
TIME: 8:30 a.m.
DEPT: 04

All matters including, but not limited to, Fast Track hearings,
law and motion, and settlement conference hearings shall be heard
by the assigned judge until further order of the Court.

Any disqualification pursuant to GOP 170.6 shall be filed
in accordance with that section.

The plaintiff/cross?complainant shall serve a copy of this notice on
all defendants/cross?defendants who are named or added to the
complaint and file proof of service.

Requests for accommodations can be made by submitting Judicial Council
form no fewer than five court days before the hearing. See
CA Rules of Court, rule 1.100.

CERTIFICATE OF MAILING

I certify that I am currently employed by the Superior Court of
California, County of Riverside, and that I am not a party to this
action or proceeding. In my capacity, I am familiar with the practices
and procedures used in connection with the mailing of correSpondence.
Such correspondence is depoSited in the outgoing mail of the Superior
Court. Outgoing mail is delivered to and mailed by the United States
Postal Service, postage prepaid, the same day in the ordinary course
of business. I certify that I served a copy of the foregoing

Notice of Assignment To Department For Case Management Purposes and
Status Conference on this date,by depositing said copy as stated above

Dated: 10/09/18 Court Executive Officer/Clerk

I

DEBBIE MURILLO, Deputy Clerk

BY

 

ac:stch 

Notice has been printed for the following Attorneys/Firms
or Parties for Case Number RIC1820616 on 10/09/18:

JASSY VICK CAROLAN LLP
601 MONTGOMERY STREET
SUITE 850

SAN FRANCISCO, CA 94111