HomeMy WebLinkAbout05242022 Gillingham PRA ResponsePolice Department
1 042 Walnut Street, San Luis Obispo, CA 93401
805.781.7317
slocity.org
May 24,2022
Howard Gillingham
7100 Graves Creek Road
Atascadero, CA 93422
hwgillingham@att.net
RE: Public Records Act Request
Dear Howard Gillingham,
I am responding to your Public Records Act request received by the San Luis Obispo Police
Department on May 16,2022, in which you requested the following:
"The After Action Report of SLOPD for events on May 10, 2021 in and around 3175 Camillia
Court. ..including reports regarding the preparation, plan and execution of search warrants'"
While the San Luis Obispo Sheriff's Office has 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 peisons 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
integriiy of this investigation outweighs the public interest in disclosure of the requested records
at th-is iime, as outlined by the court in Becerra v. Superior Court (App. 1 Dist. 2020) 257
Cal.Rptr.3d 897.
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.
The City of San Luis 0bispo is committed to include the disabled in all of its services, pr0grams and activities
Telecommunications Device for the Deaf (805) 781-741 06
Please let me know if you have any questions
Sincerely,
Tera Rapp
Records Supervisor
San Luis Obispo Police Department
trapp@slocity.org