Request #20-416
  Closed

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.[1] 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 ### ### ####

Respectfully,

 

Eva Grenier, Esq.

Public Interest Fellow

Center for Juvenile Law and Policy

Loyola Law School

919 Albany St.

Los Angeles, CA 90015

Email: xxxxxxxxx

 

[1] 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.)

 


Received

January 17, 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 the following Officers, pursuant to Penal Code Section 832.7 (as amended by SB1421 effective January 1, 2019):Officer De Luis (#43323), Officer Pech (#37881), Officer Bermudez (#40273), Officer Casey (#34762), Officer Holguin (#35643), Sgt. Edwards (#33134) and Officer Johnson (#3545).

 

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 discipline for the following: Discharge of a firearm, 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 the following Officers:

Officer De Luis, Serial No 43323

Officer Pech, Serial No 37881

Officer Bermudez, Serial No 40273

Officer Casey, Serial No 34762

Officer Edwards, Serial No 33134

Officer Holguin, Serial No 33134

 

We were unable to locate an officer with the last name of Johnson and serial number 3545 as provided.

 

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

 

 
February 6, 2020, 11:45am
Due Date Changed Public
02/10/2020 (was 01/27/2020).
January 23, 2020, 1:05pm
Request Published Public
January 23, 2020, 12:58pm
Department Assignment Public
Police Department (LAPD)
January 17, 2020, 1:33pm
Request Opened Public
Request received via web
January 17, 2020, 1:33pm