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HomeMy WebLinkAbout20260414 OIS 45 Day Update LetterCity of San Luis Obispo, City Attorney’s Office, 990 Palm Street, San Luis Obispo, CA, 93401-3249, 805.781.7140, slocity.org Page 1 April 14, 2026 Karson Wells KSBY News (805) 441-0942 Re: 45-Day Update on Determination to Withhold February 28, 2026, Video and Audio Records Dear Karson Wells: The City of San Luis Obispo (“City”) received your initial record request pursuant to the California Public Records Act delivered via email on March 16, 2026. On March 26, 2026, the City informed you of our determination that some responsive records were exempt from disclosure pursuant to Government Code §7923.600, 7923.625, 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, would withhold the records from disclosure. Consistent with the statutory requirement under Government Code §7923.625, we are providing this 45-day reassessment of our determination to withhold the requested video and audio records. Because the administrative investigations by the San Luis Obispo Police Department and the California Attorney General remain ongoing, we affirm that, based on the facts and circumstances depicted in the recording, disclosure at this time would substantially interfere with the ongoing investigations. The public interest in preventing this interference and ensuring the integrity and thorough and efficient completion of the investigation outweighs the public interest in disclosure of the requested records at this time. Pursuant to Government Code §7923.625, 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. As a further basis for continued nondisclosure at this time, portions of the recording depicting the decedent would constitute an unwarranted invasion of the decedent’s Page 2 personal privacy and of the rights of his survivors and heirs. Other portions of the audio and video recordings depict witnesses and reporting parties, whose privacy interests likely require redaction. The City does not have authorization to waive the privacy interests of all such affected parties. At such time as the investigation is complete, the City will endeavor to produce redacted versions of responsive records subject to disclosure, with redactions limited to those necessary to protect the privacy interests referenced. Based on the facts and circumstances of the current investigations and reasons set forth above, the City asserts that there is clear and convincing evidence that disclosure of audio and video recordings would substantially interfere with the ongoing investigations at this time. In accordance with Government Code §7923.625(a)(2), the City will reassess this position and notify you of our determination within another 30 days from the delivery of this communication. While we cannot, at this time, provide you with a date certain for disclosure of the requested records subject to Government Code §7923.625, we will make non-exempt, responsive records available within thirty (30) days of notification that the Attorney General’s office has concluded its investigation 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 investigations. We will continue to update you as we learn new facts. The undersigned is responsible for this determination in consultation with the Chief of Police, Rick Scott. Sincerely, Christine Dietrick City Attorney CC: Rick Scott, Chief of Police, City of San Luis Obispo Whitney McDonald, City Manager, City of San Luis Obispo