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)
- All records relating to the report, investigation, or findings of any incident involving the discharge of a firearm at a person.
- 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.
- 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.
- 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.”
- 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.
LAPD Legal Affairs Division CPRA Unit