We reviewed your request.
Your request was made under the California Public Records Act (the Act). 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 exempts from disclosure records that are privileged or confidential or otherwise exempt under either express provisions of the Act or pursuant to applicable federal or state law, per California Government Code Sections 6254(b); 6254(c); 6254(f); 6254(k); and 6255.
Your request is not “a request for a copy of records that reasonably describes an identifiable record or records” [see Government Code Section 6253(b)]. To the extent that your request could be construed as seeking the personnel information therein, the Department responds as follows;
Personnel files of a peace officer are exempt from disclosure pursuant to Sections 6254(c) and (k) of the Act. Section 6254(c) exempts from disclosure “personnel, medical or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy.” Section 6254(k), exempts records which are exempt from disclosure under federal or state law, including, but not limited to provisions of the Penal Code. Penal Code Section 832.7 states that peace officer personnel records and information contained within them are privileged and confidential and cannot be disclosed except through discovery pursuant to Sections 1043 and 1045 of the Evidence Code. [See Penal Code Sections 832.5 and 832.7 and Evidence Code Sections 1043 and 1045]. California case law holds that Evidence Code Section 1043 et seq. is the exclusive means to obtain peace officer personnel records, and as such, they are exempt from the disclosure provisions of the Act. [See City of Hemet v. Superior Court (1995) 37 Cal. App. 4th 1411]. Therefore, I am denying your request.
If you have any questions regarding this correspondence, please respond to this email.
LAPD Discovery Section, CPRA Unit