Are police policies public record, specifically rules, guidlines, proceedures, policies, etc. for conducting impound hearings?

[Rich (my name)]

What is the name of your state?
Ca.

 

[quincy]

There are procedures for impound hearings that are public records.
http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=14602.6
Internal policies are internal and not public record.

 

[not2cleverRed]

Posting Hx: https://forum.freeadvice.com/threads/tow-company-says-i-owe-them-28-000-00.650538/

Is this about the same truck?

 

[quincy]

Posting Hx: https://forum.freeadvice.com/threads/tow-company-says-i-owe-them-28-000-00.650538/

Is this about the same truck?

Yikes. $28,000 in impound fees?

If the car was towed in December 2017, it might be smart to get an attorney involved so the matter finally can be resolved.

 

[Taxing Matters]

There are procedures for impound hearings that are public records.
http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=14602.6
Internal policies are internal and not public record.

Under California's open records laws, many records of the police are indeed public records that may be obtained by a proper request under the open records act. That includes police policies other than those that would reveal investigative techniques. The LAPD open records page has a explains what may be obtained from the police in an open records request.

 

[quincy]

Under California's open records laws, many records of the police are indeed public records that may be obtained by a proper request under the open records act. That includes police policies other than those that would reveal investigative techniques. The LAPD open records page has a explains what may be obtained from the police in an open records request.

You quoted my post. Was your information for my benefit?

Internal agency rules, internal memoranndums and notes, internal policy deliberations, ongoing investigatory reports ... all can be exempt from disclosure. It is up to the agency whether to withhold this information.

Even when information is exempt from disclosure and can be withheld, it doesn't hurt to request the information from an agency anyway. Even exempt documents can be released at an agency's discretion (although some of these documents might be heavily redacted).

 

[CdwJava]

The question: "Are police policies public record, specifically rules, guidlines, proceedures, policies, etc. for conducting impound hearings?"

In California, the answer is: Generally, yes. The policy manual IS a public record subject to disclosure. There are exceptions for policies that might reveal critical details or processes that could affect safety and security, but a policy outlining the procedure for an impound hearing - if one exists - should almost certainly be made available. It would be up to the agency to respond to a CPRA request with a denial and also to articulate the reasons why it is not subject to release. Then, the requester would have to decide if the matter is worth litigating or not.

I cannot say how many agencies HAVE a policy governing impound storage hearings. It may be as simple as outlining the procedure to request one, or as complex as detailing the considerations the hearing officer must consider when rendering a decision.

 

[quincy]

The question: "Are police policies public record, specifically rules, guidlines, proceedures, policies, etc. for conducting impound hearings?"

In California, the answer is: Generally, yes. The policy manual IS a public record subject to disclosure. There are exceptions for policies that might reveal critical details or processes that could affect safety and security, but a policy outlining the procedure for an impound hearing - if one exists - should almost certainly be made available. It would be up to the agency to respond to a CPRA request with a denial and also to articulate the reasons why it is not subject to release. Then, the requester would have to decide if the matter is worth litigating or not.

I cannot say how many agencies HAVE a policy governing impound storage hearings. It may be as simple as outlining the procedure to request one, or as complex as detailing the considerations the hearing officer must consider when rendering a decision.

Is it odd in California for a vehicle to be held in an impound lot for over a year?

 

[CdwJava]

Is it odd in California for a vehicle to be held in an impound lot for over a year?

Yes. As I believe I posted in the other thread, the only reason I can foresee that the vehicle was not sold at a lien sale after 30 days is that the OP filed some sort of challenge and thus froze its status. I believe that action is referred to in the original thread, if memory serves. As a result, the storage fees kept adding up! It was not the POLICE that held the vehicle, but the impound lot.

And, if the additional and outrageous fees are as a result of the OP's action in contesting the sale, then he may not get anywhere NEAR what he hopes to in the civil suit if he prevails.