Jan. 19, 2019
To Whom It May Concern:
Pursuant to the California Public Records Act, Section 6250 et seq. of the Government Code and the California state Constitution, as amended by Proposition 59, and all other applicable laws, including Penal Code Section 832.7(b), I am asking for a copy of electronic records in the possession of your agency. Specifically:
All data collected by the LAPD under the Racial and Identity Profiling Act (RIPA). Specifically, I would like the electronic records to include the following fields of information and any other fields of information that your agency collects:
ORI number; Date, time, and duration of the stop; Location of stop; Perceived race or ethnicity of person stopped; Perceived gender of person stopped; Person stopped perceived to be LGBT; Perceived age of person stopped; Person stopped has limited or no English fluency; Perceived or known disability or person stopped; Reason for stop; Stop made in response to a call for service; Actions taken by officer during stop; Results of stop; Officer’s Identification (ID) Number; Officer’s years of experience; Type of assignment of officer.
I ask that this data be provided in a machine-readable format such as a Microsoft Excel file, a text file or a Microsoft Access file.
I also request a copy of the record layout of the database and a data dictionary to help interpret the information in the database.
Please respond to this request promptly. As you probably know, the following legal rules apply to this request:
Prompt Disclosure: Government Code Section 6253 (b), (d)
Records not exempt from disclosure are to be made “promptly available.” No provision of the CPRA, including the response periods noted below, “shall be construed to permit an agency to delay or obstruct the inspection or copying of public records.”
Deadlines: Government Code Section 6253 (c)
You are required “promptly” and in no case more than 10 calendar days from the date of this request, to determine, and inform me in writing, whether you are going to decline all or part of the request, and the law(s) that you are relying on, unless within that period you notify me in writing that you intend to take up to an additional 14 days to make the determination because of your need:
- to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request;
- to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request;
- 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
- to compile data, to write programming language or a computer program, or to construct a computer report to extract data.
Your notice must set forth “the reasons for the extension and the date on which a determination is expected to be dispatched.” If you determine that any of the records I have requested are disclosable, your written notice must “state the estimated date and time when the records will be made available.”
Constitutional Rule of Interpretation: Article I, Section 3 (b)
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.” This rule must be heeded in interpreting any exemptions from disclosure you believe to be applicable.
To the extent that a portion of the information I have requested is exempt by express provisions of law, the public records act additionally requires segregation and deletion of that material in order that the remainder of the information may be provided in satisfaction of my request.
If you determine that an express provision of law exists to exempt from disclosure all or a portion of the information I have requested, please respond to me in writing, via email, citing the specific portion of the law that allows for the exemption. In addition, the act requires government agencies to “provide suggestions for overcoming any practical basis for denying access to the records or information sought.”
Please don’t hesitate to contact me if you have any questions about my request. I can be reached at (213) 237-2205 or email@example.com.
Los Angeles Times Staff Writer