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Home My WebLink AboutPRR23048 Pickoff-White - PD records Subject:California Public Records Act Request: 2023 SB1421/SB16 Request: City of San Luis Obispo Police Department City of San Luis Obispo Police Department PRA Office 1042 Walnut Street San Luis Obispo, CA 93401 February 13, 2023 To local agency representative: This is a request made under the California Public Records Act for records subject to disclosure under Penal Code section 832.7, as modified by Senate Bill 1421 and Senate Bill 16, laws that give the public the right to know about incidents of serious officer misconduct and uses of force. This request is brought by journalists from the California Reporting Project, a collaboration of 40 news organizations and partner groups, via the records request platform MuckRock. With respect to incidents occurring on or after January 1, 2014, we are requesting copies of all public records relating to any of the following circumstances, pursuant to Penal Code section 832.7(b): 1 Any incident involving the discharge of a firearm at a person by a peace officer or custodial officer 2 Any incident involving the use of force against a person by a peace officer or custodial officer that resulted in death or great bodily injury 3 Any incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in sexual assault involving a member of the public 4 Any incident in which a sustained finding was made by any law enforcement agency or oversight agency involving 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 false statements, filing false reports, destruction, falsifying, or concealing of evidence, or perjury 5 Any sustained finding involving a complaint that alleged unreasonable or excessive force 6 Any sustained finding an officer failed to intervene against another officer using force that is clearly unreasonable or excessive 7 Any incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in conduct including, but not limited to, verbal statements, writings, online posts, recordings, and gestures, involving prejudice or discrimination against a person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status 8 Any incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer made an unlawful arrest or conducted an unlawful search As you may know, this news coalition has filed previous requests, for records spanning a five-year time period (2014- 2018, the request was filed in 2019), and for records subsequently released in 2019, 2020 and 2022. With this update, we’re trying to make sure that we request and receive records related to every incident since January 1, 2014. If any such records have been disclosed to us or posted on your agency’s website, please let us know. We would be glad to work with your agency to avoid unnecessary duplication. 1 If your agency possesses an index or list of records that the agency has determined are covered by SB 1421 and SB 16, this request also seeks production of that index or list. This kind of index will allow us and your agency to check together that we have received everything that is responsive to this request. We’re seeking all records that must be disclosed under Penal Code 832.7(b), and by that we mean all of the records covered by that statute. Here is what the law says about your obligations: * Many kinds of records must be disclosed, including “all investigative reports; photographic, audio, and video evidence; transcripts or recordings of interviews; autopsy reports;” in addition, any presentations, memos, or other materials compiled about a relevant incident and given to someone responsible for bringing criminal charges, or taking administrative action, or taking disciplinary action; any presentations, memos, letters, or other materials describing proposed or final findings about discipline, or modifications of discipline due to the Skelly or grievance process. Penal Code § 832.7(b)(3). * Whether you created the records or not, and whether the records concern your officers or others, your agency must disclose all requested records in its possession. *Becerra v. Superior Court*, 44 Cal. App. 5th 897, 918 (2020). * A “sustained” finding means “a final determination by an investigating agency, commission, board, hearing officer, or arbitrator, as applicable, following an investigation and opportunity for an administrative appeal… that the actions of the peace officer or custodial officer were found to violate law or department policy.” Penal Code § 832.8(b). * Even when the officer involved in an alleged incident has resignedbefore an investigation is over, please produce all records available. Penal Code § 832.7(b)(3). As long as there was an opportunity for an appeal, even if an appeal hearing isn’t completed, an internal investigation can be final and its finding remains sustained. *Collondrez v. City of Rio Vista*, 61 Cal. App. 5th 1039, 1053 (2021). We are seeking a response and records with all due speed, as the law requires: * State law requires that the requested records must be provided within 45 days, or as early as possible, unless temporary withholding is allowed for reasons specified in the statute.Penal Code § 832.7(b)(11) * Unless you specify circumstances, described in Penal Code section 832.7(b)(8), that permit withholding records longer, we want to receive these records, or want to know about the existence of records. Please keep in mind the following: * For these kinds of records any charges for direct costs of duplicating the requested records shall not include the costs of searching for, editing, or redacting the records. Penal Code § 832.7(b)(10). * We expect an initial response notifying us whether disclosable records are in your agency’s possession within 10 days, absent narrowly defined “unusual circumstances,” as required by law. Govt. Code § 7922.535. * To the extent any of the requested records exist in an electronic format, please produce them in the format you already have.Government Code section 7922.570. We are happy to discuss what would be the easiest or best way to provide the requested records, including but not limited to audio or video recordings. For documents that can be provided in electronic and/or searchable formats, we can handle a variety of data formats, including SQL databases, Excel workbooks and Word or .pdf documents. * Under Government Code section 7922.600, your agency is required to help us to make a focused and effective request by (1) identifying records and information that are responsive, (2) describing either the information technology where the records are held, or the physical location (if records aren’t electronic), and (3) providing suggestions for overcoming any practical issues. * Article 1, § 3(b)(2) of the California Constitution expressly requires you to broadly construe all provisions that further the public’s right of access, and to apply any limitations on access as narrowly as possible. Thank you for your assistance. Please feel free to contact me and my colleagues working on this request in this email thread or at the phone number below, daily until 4pm if you have any questions. Sincerely, 2 Lisa Pickoff-White on behalf of the California Reporting Project (310-910-5874) View request history, upload responsive documents, and report problems here: https://accounts.muckrock.com/accounts/login/?next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F %3Fnext%3D%252Faccounts%252Fagency_login%252Fcity-san-luis-obispo-police-department-5490%252F2023- sb1421sb16-request-city-of-san-luis-obispo-police-department- 140444%252F%253Femail%253Dtrapp%252540slocity.org&url_auth_token=AABkQPey5pY9r21QRFGNY0BdaSk%3A1pRf oK%3AxbPlyMz2L1JKoImwBSKYPDvYvOXhyidXoxsGx7iPqT8 If prompted for a passcode, please enter: KUXVMBVX Filed via MuckRock.com E-mail (Preferred): 140444-82272635@requests.muckrock.com PLEASE NOTE OUR NEW ADDRESS For mailed responses, please address (see note): MuckRock News DEPT MR 140444 263 Huntington Ave Boston, MA 02115 PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable. 3