Request #19-314
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Received

January 17, 2019 via email


Departments

Police Department (LAPD)

Documents

Public

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Staff

Point of Contact

LAPD Analyst Farah N5890

Due Date Changed Public
11/24/2020 (was 08/25/2020). Awaiting add'l production of records.
August 24, 2020, 12:41pm
Due Date Changed Public
08/25/2020 (was 05/15/2020). Reviewed the request and noted that some records have been released, but still awaiting additional records. Therefore due date was extended.
May 14, 2020, 12:12pm
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Dear Requester:

  

The Department has uploaded documents responsive to your request:

 

FID# F094-13

 

Please click on the link below or copy and paste on your browser: 

 

https://lacity.nextrequest.com/documents?folder_filter=F094-13

 

The Department will continue its search, review, and disclosure process for records responsive to your request. Please check back periodically for any future updates on the link provided. 

 

If you have any questions, please respond to this email.

 

 

Respectfully,

 

LAPD Legal Affairs Division, CPRA SB1421 Unit

April 30, 2020, 10:02am by LAPD Analyst Jackie N3375 (Staff)
Due Date Changed Public
05/15/2020 (was 03/16/2020). Reviewed the request and noted that the records are still pending; therefore, the due date was extended.
March 16, 2020, 2:56pm
Due Date Changed Public
03/16/2020 (was 01/28/2019).
January 18, 2020, 1:54pm
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Dear Requester:

 

Thank you for your interest in obtaining records pursuant to Senate Bill (SB) 1421 (codified in relevant part in Penal Code section 832.7(b)).  The Los Angeles Police Department has been working diligently to respond to such requests for records. In an effort to streamline the record production process, the Department has created a SB 1421 web page where records pertaining to officer-involved shootings, categorical uses of force, sustained findings of sexual assault, and sustained findings of dishonesty will be posted weekly, if available.  Therefore, if you wish to determine if records pertaining to any such incidents have been disclosed, please visit the link below.

 

http://www.lapdonline.org/lapdsb1421

 

Due to the high volume of requests for SB 1421 records, requesters making broad requests for records pertaining to “any and all” or multiple incidents will only be notified at the outset whether or not the Department believes it has disclosable records responsive to their request.  Additionally, the Department will no longer provide such requesters with personalized updates regarding the disclosure status of responsive records; instead, such requesters are instructed to visit the above link for disclosed records and status updates. However, requesters seeking records relating to a specific officer and/or incident will continue to receive notifications relating to their individual request.

Thank you for your continued patience.

Respectfully,

 

LAPD Legal Affairs Division CPRA/1421 Unit

June 13, 2019, 1:07pm by LAPD Analyst Jackie N3375 (Staff)
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Dear Danielle C. O’sullivan:

 

I have reviewed your request to the Los Angeles Police Department (“LAPD” or “Department”) under the California Public Records Act (Cal. Govt. Code section 6250, et seq., hereinafter the “CPRA” or “Act”) seeking, “records Officer/Detective James Fillmore (#37036)

  1. All records relating to the report, investigation, or findings of any incident involving the discharge of a firearm at a person.
  2. All records relating to the report, investigation, or findings of any incident in which the use of force against a person resulted in death, or in great bodily injury.
  3. All records relating to any incident in which a sustained finding was made by any law enforcement agency or oversight agency that the listed officer(s) engaged in sexual assault involving a member of the public.
  4. All records relating to any incident in which a sustained finding was made by any law enforcement agency or oversight agency of dishonesty by any of the listed officer(s) directly relating to the reporting, investigation, or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, another peace officer or custodial officer, including, but not limited to, any sustained finding of perjury, false statements, filing false reports, destruction, falsifying, or concealing of evidence.”
  5. Records produced shall include all investigative reports; photographic, audio, and video evidence; transcripts or recordings of interviews; autopsy reports; all materials compiled and presented for review to the district attorney or to any person or body charged with determining whether to file criminal charges against an officer in connection with an incident, or whether the officer's action was consistent with law and agency policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take; documents setting forth findings or recommended findings; and copies of disciplinary records relating to the incident, including any letters of intent to impose discipline, any documents reflecting modifications of discipline due to the Skelly or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action.

 

The Department is cognizant of its responsibilities under the CPRA.  It recognizes the statutory scheme was enacted to maximize citizen access to the workings of government.  The Act does not mandate disclosure of all documents within the government’s possession.  Rather, by specific exemption and reference to other statutes, the Act recognizes that there are boundaries where the public’s right to access must be balanced against such weighty considerations as the right of privacy, a right of constitutional dimension under California Constitution, Article 1, Section 1.  The law also allows for nondisclosure of records that are otherwise exempt under either express provisions of the Act or pursuant to applicable federal or state law, per California Government Code Sections 6254(a); 6254(b); 6254(c); 6254(k); and 6255.

 

The Department also recognizes that Penal Code Section 832.7 – which generally makes all peace officer personnel records confidential and undisclosable – was amended on January 1, 2019 by Senate Bill 1421 to create an exception from that general confidentiality requirement for the following four categories of officer personnel and investigatory records:  records relating to the report, investigation, or findings of (i) an incident regarding an officer-involved shooting; (ii) an incident involving the use of force by an officer resulting in death or great bodily injury; (iii) an incident involving a sustained finding of sexual assault by an officer involving a member of the public; and (iv) an incident involving a sustained finding of dishonesty by an officer directly related to the reporting, investigation, or prosecution of a crime or of the investigation of misconduct by another officer.  Pen. Code § 832.7(b)(1)(A)-(C).

 

 

Regarding your item #1 Officer Involved Shooting

The Department has conducted a search and has disclosable records responsive to your request.

Detective James Fillmore Serial No. 37036, Officer involved shooting 11/11/2013 F094-13

Regarding your item #2 Use of Force

The Department has conducted a search for disclosable releasable records for the use of force for Detective James Fillmore Serial  No. 37036 and found the following: Officer Fillmore Serial No. 37036, TEAMS II # 2017067.

 

Regarding your items #3 and #4 Sexual Assault and Dishonesty

The Department has conducted a search and there are no responsive records for sustained sexual assault or dishonesty for Detective James Fillmore Serial No. 37036.

 

Regarding your items #5 Discipline

The Department conducted a search and there are no responsive records for disciplinary actions for Detective James Fillmore Serial  No. 37036. 

 

 

Please note that, pursuant to Penal Code Section 832.7(b)(5), the Department is required to redact disclosable records for several enumerated purposes, including to remove personal data or information; to protect the anonymity of complainants and witnesses; to protect confidential medical, financial, or other similar information; and where disclosure of the record would pose a significant danger to the physical safety of the subject officer or other persons.  Furthermore, for electronic records, the CPRA provides that the cost to perform such redactions “shall” be borne by the requestor.  See Govt. Code 6253.9(b)(2) (providing that a person requesting electronic records under the CPRA “shall bear the cost of producing a copy” of such records where data compilation, extraction, or programming is required to produce the record); National Lawyers Guild v. City of Hayward, 27 Cal. App. 5th 937 (2018) (holding that a public agency was entitled under Section 6253.9 to charge a requester for costs it incurred to edit and redact nondisclosable material from police body camera videos). 

 

Accordingly, the Department will undertake such redaction work of audio and video materials upon your payment of redaction costs.  Once these records are identified, the Department will then provide you with an estimate of time that will be required for an employee to complete the redactions/or programming with a cost rate of the person(s) who will be completing the work for a total estimate cost to you.  Upon receipt of payment, the Department will begin performing the required redactions or programming in order to produce the responsive records to you. 

 

If you have any questions or concerns, please reply to this email.

 

Respectfully,

 

LAPD Legal Affairs Division CPRA Unit

April 2, 2019, 3:57pm by LAPD Analyst Jackie N3375 (Staff)
Request Published Public
March 28, 2019, 3:47pm
Document(s) Released Public
19-314.pdf
March 28, 2019, 3:47pm
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Dear Danielle C. O'sullivan:

 

The Los Angeles Police Department (“LAPD” or “Department”) has received your request under the California Public Records Act (Cal. Govt. Code section 6250, et seq., or the “CPRA”) seeking peace officer personnel records and/or Department records relating to the types of incidents described in Penal Code Section 832.7, subdivision (b)(1), subsections (A), (B) & (C). 

 

The Department is cognizant of its responsibilities under the CPRA.  It recognizes the statutory scheme was enacted to maximize citizen access to the workings of government.  The CPRA does not mandate disclosure of all documents within the government’s possession.  Rather, by specific exemption and reference to other statutes, the CPRA recognizes that there are boundaries where the public’s right to access must be balanced against such weighty considerations as the right of privacy, a right of constitutional dimension under California Constitution, Article 1, Section 1.  The law also allows for nondisclosure of records that are otherwise exempt under either express provisions of the Act or pursuant to applicable federal or state law, per California Government Code Sections 6254(a); 6254(b); 6254(c); 6254(f); 6254(k); and 6255.

 

The Department also recognizes that Penal Code Section 832.7 and Government Code Section 6254(f) – which generally make all peace officer personnel records and police investigatory records confidential and exempt from disclosure – were amended effective January 1, 2019, by Senate Bill 1421. The amendments created exceptions from those general confidentiality requirements for the following four categories of officer personnel and investigatory records:  (A) records relating to the report, investigation, or findings of (i) an incident regarding an officer-involved shooting; or (ii) an incident involving the use of force by an officer resulting in death or great bodily injury; (B) records relating to an incident involving a sustained finding of sexual assault by an officer involving a member of the public; and (C) records relating to an incident involving a sustained finding of dishonesty by an officer directly related to the reporting, investigation, or prosecution of a crime or an investigation of misconduct by another officer.  Pen. Code § 832.7(b)(1)(A)-(C).

 

To the extent your request seeks records relating to such incidents occurring before January 1, 2019, the Los Angeles Superior Court has issued a temporary order directing the Department to refrain from enforcing or applying the SB 1421 amendments to Penal Code Section 832.7 in any manner which would result in the disclosure or production of records regarding incidents or reflecting conduct occurring prior to January 1, 2019.  The Superior Court’s temporary order staying the Department’s enforcement of SB 1421, which was entered on December 31, 2018 in Los Angeles Police Protective League v. City of Los Angeles, Case No. 18STCP03495, is in place until the court orders otherwise.  Accordingly, the Department is currently prohibited from disclosing or providing any records responsive to this portion of your request. 

 

Respectfully,

 

LAPD Discovery Section, CPRA Unit

 

January 28, 2019, 4:34pm by LAPD Analyst Jackie N3375 (Staff)
Department Assignment Public
LAPD 1421, Police Department (LAPD)
January 17, 2019, 2:02pm
Request Opened Public
Request received via email
January 17, 2019, 2:02pm