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HomeMy WebLinkAbout20230605_Lagier_Records Reassessment - June 5City of San Luis Obispo, City Attorney’s Office, 990 Palm Street, San Luis Obispo, CA, 93401-3249, 805.781.7140, slocity.org Page 1 June 5, 2023 Alisa Lagier 2307 Valle Forge Way Roseville, CA 95661 Sent via email to: alisalagier@yahoo.com Re: Determination to Withhold May 10, 2021, Body Camera Footage and Accompanying Documents Dear Ms. Lagier: The City of San Luis Obispo (“City”) received your initial records request pursuant to the California Public Records Act delivered via email on November 8, 2022. On December 8, 2022, the City informed you of our determination that responsive records were exempt from disclosure pursuant to Government Codes §7923.600 and 7923.605, §7922.000, and Penal Code §832.7 (b), in addition to the constitutional privacy interests of persons depicted in certain requested records and/or their heirs, and, therefore, those records continue to be withheld from disclosure. The City has subsequently provided you with updates as to the disclosure status, and the City hereby reiterates and incorporates by reference the information set forth in those prior updates. On April 14, 2023, in response to your further inquiry, the City reaffirmed the need to delay the disclosure of the records for two reasons, (1) because public release of the recordings and any related documents would substantially interfere with the two investigations into the incident that are still pending – the District Attorney’s Office’s review of the investigation related to any potential criminal conduct related to the incident, and an administrative investigation into potential policy violations by the San Luis Obispo Police Department, and (2) to protect the personal privacy rights and expectations of Detectives Benedetti and Orozco and their families. The City cannot complete its administrative investigation until the District Attorney’s investigation is complete and those findings are released to and reviewed by the City to determine whether any further action is merited. The District Attorney’s office has not provided a date for the completion of their investigation. While we cannot, at this time, provide you with a date certain for disclosure of the requested records, we will make non-exempt, responsive records available within thirty (30) days of notification that the District Attorney’s office has concluded its investigation Reassessment of Determination to Withhold May 10, 2021, Body Camera Footage and Accompanying Documents Page 2 and the City’s ongoing internal investigation is complete and/or it is determined that disclosure of non-exempt case related materials will not compromise the completion of the administrative investigation. Consistent with statutory requirements, the City will continue monthly to reassess our CPRA determination to withhold the requested records and will otherwise comply with discovery obligations in your pending case. The City maintains that the public interest in preventing this interference and ensuring the integrity and thorough and efficient completion of the investigation clearly outweighs the public interest in disclosure of the requested records at this time. We will continue to keep you updated as we have more information. As indicated in the City’s correspondence to you on April 14, 2023, and throughout the pendency of your lawsuit, the City continues to extend an offer, independent of this determination pursuant to the CPRA, to facilitate the viewing of the bodycam and the redacted Sheriff’s report, subject to acknowledgement of applicability of the protective order issued by the court, in advance of public disclosure of records in this case. We believe we will be able to produce responsive records within the next 30 days and will advise you if that estimate is likely to change. The undersigned is responsible for this determination in consultation with the Chief of Police, Rick Scott. Sincerely, Christine Dietrick City Attorney CC: Rita Neal, County Counsel Ian Parkinson, San Luis Obispo County Sheriff Dan Dow, San Luis Obispo District Attorney Rick Scott, Chief of Police Derek Johnson, City Manager, City of San Luis Obispo