HomeMy WebLinkAboutSLOPD PD 4-26 request/
Kathrene Herndon
KSBY-TV
1772 Calle Joaquin
San Luis Obispo, CA 93405
April 26, 2019
San Luis Obispo Police Department
1042 Walnut St.
San Luis Obispo, CA 93401
To whom it may concern,
As a follow-up to our preview request, which the City of San Luis Obispo responded to, we would like to submit an additional request under the California Public Records Act § 6250 et
seq., for an opportunity to obtain or review records related to law enforcement officers who were disciplined for acts of sexual misconduct or dishonesty between Jan 1., 2019 to present.
Please note the dates, which were not included in our original request.
Under the newly revised Penal Code Section 832.7 and 832.8 which took effect January 1, 2019, these peace officer records must be made public.
Here is a link to the newly enacted bill.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1421
(b) (1) Notwithstanding subdivision (a), subdivision (f) of Section 6254 of the Government Code, or any other law, the following peace officer or custodial officer personnel records
and records maintained by any state or local agency shall not be confidential and shall be made available for public inspection pursuant to the California Public Records Act (Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code):
Specifically: (A) A record relating to the report, investigation, or findings of any of the following:
(i) An incident involving the discharge of a firearm at a person by a peace officer or custodial officer.
(ii) An incident in which the use of force by a peace officer or custodial officer against a person resulted in death, or in great bodily injury.
(C) Any record relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency of 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 sustained finding of perjury, false statements, filing false reports, destruction, falsifying, or concealing of evidence.
If there are any fees for searching or copying these records, please inform me if the cost will exceed $20. However, I would also like to request a waiver of all fees in that the disclosure
of the requested information is in the public interest and will contribute significantly to the public’s understanding as I am a member of the news media and this request is related
to news gathering purposes. This information is not being sought for commercial purposes.
The California Public Records Act requires a response within ten business days. If access to the records I am requesting will take longer, please contact me with information about when
I might expect copies or the ability to inspect the requested records.
If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available
to me under the law.
Thank you for considering my request.
Sincerely,
Kathrene Herndon
(805) 471-0152