HomeMy WebLinkAboutPRR22125 RESPONSE
Subject:SLO Tribune Records Request
From: Rapp, Tera
Sent: Monday, May 16, 2022 3:03 PM
To: Chloe Jones <cjones@thetribunenews.com>
Subject: RE: SLO Tribune Records Request
Hello Chloe,
While the Sheriff’s Office may have completed their investigation into this incident, the DA’s Office has not yet
finished its review. Since this matter is still under investigation, any information is exempt from disclosure
pursuant to California Government Code Sections 6254(f), 6255 and Penal Code Section 832.7(b), in addition
to the constitutional privacy interests of persons depicted in certain requested records and/or that of their heirs
and family members. There is clear and convincing evidence that disclosure of records in this incident would
substantially interfere with the ongoing investigation. Specifically, premature disclosure of records and
information prior to the completion of the DA’s work would pose a significant risk of: undue influence on
potential witnesses; compromised efficiency and effectiveness in the completion of the DA’s investigation and
any subsequent investigation the DA’s Office may request of the San Luis Obispo Sheriff’s Office; factual
mischaracterization or misunderstanding of partial records separate from the complete investigation and
determinations of the DA’s review; and misleading the public regarding the complete facts and conclusions of
the investigation. The public interest in preventing the risk of interference with and ensuring the integrity of this
investigation outweighs the public interest in disclosure of the requested records at this time, as outlined by the
court in Becerra v. Superior Court (App. 1 Dist. 2020) 257 Cal.Rptr.3d 897.
Pursuant to Government Code §6254 (f) (4) (A) (ii), an agency may delay disclosure of a recording related to a
critical incident during an active criminal or administrative investigation provided the decision to withhold is
reassessed every 30 days and disclosure of the recording is found to be a continued interference risk for an
ongoing investigation. While I’m unable to provide you with a specific date for disclosure of any non-exempt
records at this time, I will contact you every 30 days with an update. The City will make those non-exempt
records that are responsive to your request available within 30 days of notification that the DA’s Office has
concluded its investigation.
Sincerely,
Tera Rapp
Records Supervisor
San Luis Obispo Police Department
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