Request #20-2747
  Closed

Good afternoon,

 

My name is Stefanie Dazio and I am a reporter at The Associated Press.

I am looking for the following records related to LAPD Officer Ismael Tamayo: 

(A) records relating to the report, investigation, or findings of (i) an incident regarding an officer-involved shooting involving Officer Ismael Tamayo; and (ii) an incident involving the use of force by Officer Ismael Tamayo resulting in death or great bodily injury;

(B) records relating to an incident involving a sustained finding of sexual assault by Officer Ismael Tamayo involving a member of the public; and

(C) records relating to an incident involving a sustained finding of dishonesty by Officer Ismael Tamayo directly related to the reporting, investigation, or prosecution of a crime or an investigation of misconduct by another officer.

I am looking for these records ASAP on a rolling basis.

I can be reached at [REDACTED ON 5/4/20] or [REDACTED ON 5/4/20]

Best,

Stefanie Dazio, Associated Press


Received

May 4, 2020 via web


Departments

Police Department (LAPD)

Documents

Public

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Staff

Point of Contact

LAPD Analyst Jackie N3375

Request Closed   Hide Public
 

Dear Requester:

 

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 records for Officer Ismael Tamayo, Serial No. 38258, pursuant to Penal Code Section 832.7 (as amended by SB1421 effective January 1, 2019).

 

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 at a person, use of force resulting in great bodily injury or death, sustained complaints of dishonesty, or sustained complaints of sexual assault, pursuant to Penal Code Section 832.7(b)(1) for Officer Ismael Tamayo, Serial No. 38258.

 

We 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 responds to this email.

 

 

 

Respectfully,

 

LAPD Legal Affairs Division, CPRA Unit

 

May 14, 2020, 12:00pm
Request Published Public
May 4, 2020, 3:38pm
Due Date Changed Public
05/28/2020 (was 05/14/2020).
May 4, 2020, 3:37pm
External Message   Hide Public

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

May 4, 2020, 3:37pm by LAPD Analyst Jackie N3375 (Staff)
Department Assignment Public
Police Department (LAPD)
May 4, 2020, 1:05pm
Request Opened Public
Request received via web
May 4, 2020, 1:05pm