I have reviewed your request to the Los Angeles Police Department (“Department”) under the California Public Records Act (Cal. Govt. Code section 6250, et seq., hereinafter the “Act”) seeking:
1) An incident involving the discharge of a firearm at a person by Officer Daniel Darrell Gregg;
2) An incident in which the use of force by Officer Daniel Darrell Gregg resulted in death, or in great bodily injury;
3) Any record relating to an incident in which a sustained finding was made by the LAPD or any other department that Officer Daniel Darrell Gregg engaged in sexual assault involving a member of the public;
4) Any record relating to an incident in which a sustained finding was made by the LAPD or any other department of dishonesty by Officer Daniel Darrell Gregg 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 including, but not limited to, any sustained finding of perjury, false statements, filing false reports, destruction, falsifying, or concealing of evidence.
The Department is cognizant of its responsibilities under the Act. 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 for records responsive to your request, and did not locate any records relating to discharge of a firearm, use of force resulting in great bodily injury, use of force resulting in death, sustained complaints of sexual assault, or sustained complaints of dishonesty pursuant to Penal Code § 832.7(b)(1) for Daniel Gregg, Serial No. 22447.
If you have any questions or concerns, please respond to this email.
LAPD Discovery Section, CPRA Unit