Pursuant to my rights under the California Public Records Act (Cal. Govt. Code § 6250, et seq.) and California Penal Code § 832.7, I ask to inspect or obtain a copy of the following documents, listed below, believed to be held by your agency for Officer De Luis (#43323), Officer Pech (#37881), Officer Bermudez (#40273), Officer Casey (#34762), Officer Holguin (#35643), Sgt. Edwards (#33134) and Officer Johnson (#3545) of Los Angeles Police Department.
Any record relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency of dishonesty by a peace officer or custodial officer 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, falsifying, or concealing of evidence.
This request encompasses any records including but not limited to: All investigative reports, 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 the incident, 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.
I am requesting that your agency exercise its discretion to waive the duplication/copy costs. Under Cal. Govt. Code § 6255(b) and relevant California case law, local agencies subject to CPRA requirements have the discretion to waive fees. I am an employee at a non-profit legal clinic for indigent child clients. Our clients receive pro-bono services and our organization does not collect legal fees for our services. I formally request that LAPD waive all duplication/copying fees associated with my request.
I ask for a determination on this request within ten days of your receipt of it, and even prompter reply if you can make that determination without having to review the documents in question.
If you determine that any or all of the information qualifies for an exemption from disclosure, I ask you to note whether, as is normally the case under the Act, the exemption is discretionary, and if so whether it is necessary in this case to exercise your discretion to withhold that information.
If you determine that some but not all of the information is exempt from disclosure and that you intend to withhold it, I ask that you redact it for the time being and make the rest available as requested.
In any event, please provide a signed notification citing the legal authorities on which you rely if you determine that any or all of the information is exempt and will not be disclosed.
If you confirm these records do not exist, please notify me in writing and detail which records fall under that status.
If I can provide any clarification that will help expedite your attention to my request, please contact me at xxxxx xxxxx ### ### ####
Eva Grenier, Esq.
Public Interest Fellow
Center for Juvenile Law and Policy
Loyola Law School
919 Albany St.
Los Angeles, CA 90015
 See North County Parents Organization v. Department of Education (1994) 23 Cal.App.4th 144, 148. (Trial court's determination that agency was not obligated under Public Records Act to waive copy fee had to be reversed, where agency declined to exercise discretion to reduce copying fee based on erroneous contention that it had no discretion.)