Request #20-245
  Open

I am writing to request a copy of public records relating to LAPD Officer, Sergeant II Herbert Cirilo, Badge# 25268, DOB: xx/xx/xxxx.

Any and all records relating to any report, investigation or findings of any incident in which the use of force by Officer Cirilo against a person, which resulted in death, or in great bodily injury.

  1. Any record relating to any incident in which a sustained finding was made by any law enforcement agency or oversight agency that Officer Cirilo engaged in sexual assault involving a member of the public. “Sexual assault” is defined for the purposes of Cal. Penal Code § 832.7 as “the commission or attempted initiation of a sexual act with a member of the public by means of force, threat, coercion, extortion, offer of leniency or other official favor, or under color of authority.  For the purposes of this definition, the propositioning for or commission of any sexual act while on duty is considered a sexual assault.”
  2. Any record relating to any and all incidents in which a sustained finding was made by any law enforcement agency or oversight agency of dishonesty by Officer Cirilo 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 of evidence, or falsifying or concealing of evidence.

Pursuant to Cal. Penal Code § 832.7(b)(2), public records that shall be released 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 any incidents described above, 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.

Received

January 13, 2020 via web


Departments

Police Department (LAPD)

Documents

Public

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Staff

Point of Contact

LAPD Analyst Jackie N3375

Due Date Changed Public
06/19/2020 (was 03/12/2020). Reviewed the request and noted that the FID task is still pending, producing the records; therefore, the due date has been extended.
March 11, 2020, 3:35pm
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Dear Requester: 

 

This is a follow-up to our email response dated January 28, 2020.  

 

The Department has conducted a search for records responsive to your request and did not locate any disclosable disciplinary records pertaining to officer involved shootings and uses of force with great bodily injury for the following incidents:

 

2005740, 07-1227650, GBI, 09/03/2007, Officer Cirilo, H #25268

2006766, F033-08, OIS, 04/02/2008, Officer Cirilo, H. #25268

2006813, F029-08, OIS, 03/13/2008, Officer Cirilo, H. #25268

 

Thank you for your continued patience.  Please respond to this email if you have any questions.

 

Respectfully,

 

LAPD Legal Affairs Division, CPRA Unit

 

February 12, 2020, 3:28pm by LAPD Analyst Jackie N3375 (Staff)
Due Date Changed Public
03/12/2020 (was 02/06/2020).
January 29, 2020, 4:44pm
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Dear Requester:

 

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 for LAPD Officer, Sergeant II Herbert Cirilo, Badge# 25268, pursuant to Penal Code Section 832.7 (as amended by SB1421 effective January 1, 2019).

 

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(f); 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).

 

The Department has conducted a search and has disclosable records responsive to your request in regards to officer involved shooting and/or use of force resulting in great bodily injury, pursuant to Penal Code § 832.7(b)(1):

2005740, 07-1227650, GBI, 09/03/2007, Officer Cirilo, H #25268

2006766, F033-08, OIS, 04/02/2008, Officer Cirilo, H. #25268

2006813, F029-08, OIS, 03/13/2008, Officer Cirilo, H. #25268

 

The Department has conducted a search for records responsive to your request and did not locate any records relating to sustained complaints of dishonesty, or sustained complaints of sexual assault, pursuant to Penal Code Section 832.7(b)(1) for Officer Cirilo 25268.

 

The Department is still conducting a search for disclosable disciplinary records pertaining to officer involved shootings and uses of force listed above. 

 

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). 

 

At this time, the Department is still in the process of identifying all possible records responsive to your request.  Should audio/video materials be located and you would like a copy, 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 cost estimate.  Upon receipt of payment, the Department will begin performing the required redactions in order to produce the responsive records. 

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

 

In regard to the above records we have identified responsive to your request, due to the large number of requests for similar records the Department is processing pursuant to the above criteria, we are currently unable to provide you with an estimated date records responsive to your request will be available.  However, we will continue to provide you updates on any future developments regarding your request, including when the records are available.  Thank you again for your patience and understanding. 

 

We also invite you to visit our SB1421 web page, where you will find similar requested records related to officer involved shootings, uses of force with great bodily injury, sustained complaints of sexual assault, and sustained complaints of dishonesty published on our web page.  The Department uploads documents on a weekly basis when documents become available.  Please see link below.

http://www.lapdonline.org/lapdsb1421

 

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

 

Respectfully,

 

LAPD Legal Affairs Division CPRA Unit

January 28, 2020, 2:50pm by LAPD Analyst Jackie N3375 (Staff)
Request Published Public
January 14, 2020, 5:28pm
Due Date Changed Public
02/06/2020 (was 01/23/2020).
January 14, 2020, 5:25pm
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Dear Requester:

I have reviewed your California Public Records Act request. 

Please be advised that, pursuant to California Government Code Section 6253(c), I have found that “unusual circumstances” exist with respect to the request due to the need to search for, collect, and review the requested records from other Department entities which are separate from the office processing the request.  Therefore, my staff will require the statutory fourteen days extension of time in which to respond.  A determination concerning your request will be made as soon as possible.

If you have any questions regarding this correspondence, simply respond to this email. 

Respectfully,

LAPD Discovery Section CPRA Unit

January 14, 2020, 5:25pm by LAPD Analyst Jackie N3375 (Staff)
Department Assignment Public
Police Department (LAPD)
January 13, 2020, 3:53pm
Request Opened Public
Request received via web
January 13, 2020, 3:53pm