Request #20-2638
  Closed

Under the California Public Records Act § 6250 et seq., KPBS requests access to and copies of the following information in electronic, searchable/sortable format, where applicable. Each element requested should be considered severable for purposes of invoking a time extension or exemption under either local or state law.

 

SUSTAINED FINDINGS:

 

  1. Records from Jan. 1, 2019 to present  of sustained findings that a peace officer employed by your Police Department committed sexual assault or dishonesty-related misconduct

 

    1. The response should reasonably include all applicable records specified by statute, including but not limited to: all investigative reports; photographic, audio and video evidence; transcripts and recordings of interviews; 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.

 

    1. If the Department would prefer to provide an index of the above cases in compliance with California Government Code Section 6253.1 which requires a public agency to help the requester make a focused request, instead of providing entire case files, that would be acceptable. Such an index should reasonably include, as applicable, the following for each entry:
      1. Any record number used to identify the case
      2. The date the sustained misconduct took place
      3. The location the sustained misconduct took place
      4. The name(s) of any officer(s)/employee(s) found to have committed the sustained misconduct
      5. A summary description of the misconduct
      6. The specific type of misconduct that was ultimately sustained (e.g. conduct reflecting discredit)
      7. Any recommendations made by an investigating agency as to discipline or corrective action, and the date any such recommendations were made
      8. The ultimate disposition of the case, whether it be discipline, non-disciplinary corrective action, or no action whatsoever and the specific kind of discipline or corrective action that was imposed, if any and the date the case was closed or the date of the last adjudication of the case.
      9. Whether the case file contains video files (yes or no)
      10. Whether the case file contains audio files (yes or no)

 

    1. To the extent that the Department maintains an index, database or list of cases of that includes entries of sustained findings of sexual assault-related misconduct and/or dishonesty-related misconduct, that index, list or database is also separately requested. If such an index, list or database contains information about findings of misconduct that are not subject to disclosure, the index, list, or database should be redacted to remove the information that is not subject to disclosure, and the rest of the record should be provided.

 

USE OF FORCE:

 

  1. Records from Jan. 1, 2019 to present relating to the report, investigation, or findings of incidents in which the use of force by a peace officer or custodial officer against a person resulted in death, or in great bodily injury.

 

    1. The response should reasonably include all applicable records specified by statute, including but not limited to: all investigative reports; photographic, audio and video evidence; transcripts and 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.
    2. If the Department would prefer to provide an index of the above cases in compliance with California Government Code Section 6253.1 which requires a public agency to help the requester make a focused request, instead of providing entire case files, that would be acceptable. Such an index should reasonably include, as applicable, the following for each entry:
      1. Any record number used to identify the incident
      2. The date the use of force took place
      3. The location the use of force took place
      4. The name(s) of any officer(s)/employee(s) involved in the incident
      5. A summary description of the incident
      6. Characterization of injury or injuries sustained to the extent that is tracked
      7. The type of force used
      8. Any recommendations made by an investigating agency as to discipline or corrective action, and the date any such recommendations were made
      9. The ultimate disposition of the case, whether it be discipline, non-disciplinary corrective action, or no action whatsoever and the specific kind of discipline or corrective action that was imposed, if any and the date the case was closed or the date of the last adjudication of the case.
      10. Whether the case file contains video files (yes or no)
      11. Whether the case file contains audio files (yes or no)
    3. To the extent that the Department maintains an index, database or list of cases of that includes entries related to uses of force that resulted in great bodily injury or death, that index, list or database is also separately requested. If such an index, list or database contains information about cases that are not subject to disclosure, the index, list, or database should be redacted to remove the information that is not subject to disclosure, and the rest of the record should be provided.

To the extent the records exist in electronic format, please provide them in that format.

 

We also draw your attention to Government Code section 6253.1, which requires a public agency to assist the public in making a focused and effective request by (1) identifying records and information responsive to the request, (2) describing the information technology and physical location in which the records exist, and (3) providing suggestions for overcoming any practical basis for denying access to the records or information sought. The purpose of this request is to obtain the above referenced documents. Please provide your full compliance with 6253.1 should the need arise.

 

To the extent that a portion of the information we have requested is not immediately available, we request that whatever documentation is immediately available be turned over first.

 

Please limit all communications regarding this request to email. Please do not telephone us regarding this matter.

 

For documents that could be provided in electronic, searchable format, where applicable: We can handle a variety of data formats, and we would be happy to correspond about this request to figure out what would be the easiest or best way to provide the requested records.

 

Please notify us via email if the responsive records are larger than 15 MB to make arrangements about how to best provide the records.

 

If this request is denied in whole or part, we ask that you justify all individual deletions/redactions or withheld records by reference to specific exemptions of the law. We will also expect you to release all segregable portions of otherwise exempt material.

 

Please contact us by email if you have any questions about this request. We look forward to receiving the required determination within 10 days.

 

Sincerely,

 

Claire Trageser




Received

June 22, 2020 via web


Departments

Police, Public Records Administration

Documents

Public

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Staff

Point of Contact

Angela Laurita

Request Published Public
June 29, 2020, 10:36pm
Request Closed Public

Request withdrawn

The requestor has withdrawn this request for public records.

June 26, 2020, 2:36pm by Angela Laurita, Public Records Administration Manager
Department Assignment Public
Added: Police, Public Records Administration .
June 22, 2020, 4:06pm by Ginger Rodriguez, Public Records Administration Coordinator
Request Opened Public
Request received via web
June 22, 2020, 1:29pm