Request 10052009-01-30‏

**cps victim** (cpsvictim@gmail.com) · Wed 10/21/09 3:23 AM

I would like to know if they don't respond in the 10 day time.  Can I get them to send me the response without any objections?

This Roger Sato is very uncooperative.  How can you get a government attorney to help get them to help you instead of trying to suck money from you?

Re: Request 10052009-01-30‏

From:
 cps victim (cpsvictim@gmail.com) 

Sent:
Wed 10/21/09 3:23 AM

To: 
Sato, Roger (rsato@dmv.ca.gov); August, JW (JW_August@10news.com)

Mr Sato, 

Government Code Section 6253 (c) You are required "promptly" and in no case more than 10 calendar days from the date of the  request. By your own admission in writing you failed to comply with this section. You are therefore required to comply and provide me with all the information requested.  

You also neglected to notify me in writing with in the 10 day time period that you intend to take up to an additional 14 days to make the determination because of your need: 1. to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request; 2. to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request; 3. for consultation, which shall be conducted with all practicable speed, with another agency having substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein; or 4. to compile data, to write programming language or a computer program, or to construct a computer report to extract data.

Government Code Section 6253 (b) There is no fee chargeable for inspection of a record (Attorney General's Opinion No. 01-605).
I am not asking for copies of the records I am asking for them to be made available for inspection. You are requesting fees that could potentially be in excess of $25,000.00 USD

I am indigent.  I do not wish to purchase my own branch of the Department of Motor Vehicles. I simply wish to obtain information that I as a citizen am entitled to. Constitutional Rule of Interpretation: Article I, Section 3 (b) and FOIA The California Constitution requires that the Public Records Act "shall be broadly construed if it furthers the people's right of access, and narrowly construed if it limits the right of access." 

Freedom of Information Act applies since state is accepting Title IV funding making all state departments subject to FOIA disclosures. 

Please provide me with the information I originally requested without cost.

On Tue, Oct 20, 2009 at 9:56 AM, Sato, Roger <rsato@dmv.ca.gov> wrote:

Dear Rev. Smart:

The Department of Motor Vehicles further responds to your email dated October 6, 2009, and received on October 7, 2009, requesting the following information under the California Public Records Act (Government Code section 6250 et seq.).

1.      “Request the name of point of contact(s) who will be providing me this information on behalf of the state with their name, phone, e-mail, agency.

2.      “The process and guidelines for suspending driver’s licenses on Child Support cases.

3.      “The number of males in the state of California that currently have their Drivers License suspended as the result of a child support case.

4.      “The number of females in the state of California that currently have their Drivers License suspended as the result of a child support case.”

The Department has determined that there are documents responsive to item # 2.  There are no documents responsive to items # 3 and 4 except as noted below.  My contact information is also noted below in response to item # 1.  The Department will mail the documents requested in item # 2 upon receipt of a check in the amount of fifty-one dollars and eighty cents ($51.80) payable to the DMV for the statutory fee, which shall be mailed to:

Department of Motor Vehicles
Legal Affairs Division, C-128
P.O. Box 932382
Sacramento, CA  94232-3820
Attention:  ROGER J. SATO

California Government Code Section 6253, subdivision (b), provides that the state agency make the identifiable public records available “upon payment of fees covering the direct costs of duplication, or a statutory fee, if applicable.”  California Vehicle Code section 1811 allows the Department of Motor Vehicles to charge “at least the entire actual cost to the department of the copies.”  See also Shippen v. DMV (1984) 161 Cal.App.3d 1119.

Regarding items # 3 and 4, the Department has the annual total statistics by calendar year, but the statistical information is not broken down by gender.  Please let me know if you would like a copy of the annual totals back to the year 2000, and I will be able to provide that information.

Furthermore, in order to identify and extract statistics that distinguish the number of males and the number of females who are currently suspended as a result of a child support case from the Department of Motor Vehicles’ driver license database would require what is called a “file pass.”  A “file pass” consists of writing a special software program at a cost of $135 per hour and requires a deposit before beginning the task necessary to complete this portion of your request.  In addition, the Department is charged a fee of approximately $1,514 per hour to load the numerous records and run the program with an estimated time of two to ten hours necessary to search the entire driver license database.  Any record found will be charged at an additional cost of ten cents ($0.10) per record.  (California Code of Regulations, Title 13, Section 350.44(c), Government Code Sections 6253, subdivision (b), and 6253.9, subdivision (b)(2), and Vehicle Code section 1811.  See also Shippen v. DMV (1984) 161 Cal.App.3d 1119.)  Based on the priority of this request under applicable regulations, this request would be processed after any priority needs for the Department, law enforcement entities, and other governmental agencies.  (13 CCR sections 350.12 and 350.30.)

If you have any questions, please feel free to contact me in writing at your convenience.  If the Department does not receive payment for the requested document within thirty (30) days, we will be closing our file in this matter.

Sincerely,

Roger J. Sato
Senior Staff Counsel
Legal Affairs Division
Department of Motor Vehicles
(916) 657-6469
Email:  rsato@dmv.ca.gov

Reference:  PRA-09-143

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"You begin saving the world by saving one man at a time; all else is grandiose romanticism or politics."  - Charles Bukowski 

Rev. G. Allen Smart Sr.
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