Request for Public Records Regarding Any Incident Involving Sustained Finding of Sexual Assault
I. Request for Records
We understand that this change in the law may result in a significant number of responsive documents and that you may have received a number of requests for similar documents from other requestors. We have endeavored to tailor our request to a limited selection of the most important documents and most relevant timeframe for incidents.
As set forth below, for purposes Requests 1 through 7, we do not seek all records relating to the underlying incident, but only a limited set of "Decisional Documents" relating to the administrative investigation of the incident. For purposes of these requests, "Decisional Documents" means all documents reflecting or setting forth:
The Department's decision, prior to any administrative appeal, that an officer's conduct did (or did not) violate the law or agency policy, and any reasons for that decision;
The final investigative report (prior to any administrative appeal) of the Department, or any division of the Department, or any document setting out factual findings of, or recommended factual findings for, the person or body charged with deciding whether the officer's conduct was within policy and/or warranted discipline or other corrective action;
The punishment imposed or corrective action taken as the result of an administrative investigation, including letters of intent to impose discipline or other documents reflecting discipline imposed, changes in rank or assignment, training required, or changes to or examinations of Department policy, training or practice;
A decision on appeal from the Department's factual finding, or the discipline or corrective action imposed, including review by a superior or arbitration, including any statement of reasoning by an appeal body and any revised discipline or correction action imposed, or any documents reflecting modifications of discipline due to the Skelly or grievance process,
Any agreement to resolve an administrative investigation, including any agreement (or lack of agreement) as to the facts of what happened in the incident, or discipline or corrective action to be imposed;
The final investigative report, factual findings, legal conclusions, or recommendations on discipline, policy, procedures or training, by the district attorney, independent civilian oversight body, or outside law enforcement agency brought on to conduct an investigation into an incident;
The final imposition of discipline or implementation of corrective action.
Records Request No 1: All DECISIONAL DOCUMENTS related to the administrative investigation of any use of force by a peace officer employed by the Department that resulted in death, from January 1, 1999 to the present. See Penal Code 832.7(b)(1)(A)(ii)
Records Request No 2: All DECISIONAL DOCUMENTS relating to any incident in which a peace officer employed by the Department was found to have committed an act of dishonesty 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 office or custodial officer, including but not limited to, any sustained finding of perjury, false statements, filing false reports, destruction, falsifying, or concealing of evidence, at any time from Jan 1, 1999, to the present. See Penal Code 832.7(b)(1)(C). Such incidents may also include receipt or solicitation of bribes, loans, favors, or gifts in relation to an investigation; misappropriation of property in an investigation, obstructing an investigation, or influencing a witness.
Records Request No.3: For any officer about whom a sustained finding a dishonesty disclosed in response to Records Request No. 2, above, all DECISIONAL DOCUMENTS relating to any sustained finding of dishonesty relating to the reporting, investigation, or prosecution of a crime or misconduct by another peace officer, regardless of date.
Records Request No. 4: All DECISIONAL DOCUMENTS related to any administrative investigation into the discharge of a firearm at a person by a peace officer employed by the Department, which did not result in death, from January 1, 2014 to the present. See Penal Code 832.7(b)(1)(A)(I).
Records Request No. 5: ALL DECISIONAL DOCMENTS related to any administrative investigation into a use of force by a peace officer employed by the Department against a person that resulted great bodily injury, from January 1, 2009 to the present. See Penal Code 823.7 (b)(1)(A) (ii).
Records Request No. 6: For any officer who used forced resulting in death at any time since January 1, 1999, all DECISIONAL DOCUMENTS related to any administrative investigation into the discharge of a firearm at a person by that officer that did not result in death, or a use of force by that officer against a person that resulted great bodily injury but not death, regardless of date.
Records Request No. 7: All DECISIONAL DOCUMENTS relating to any incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer employed by the Department engaged in sexual assault involving a member of the public, from January 1, 2009 to the present. See Penal Code 832.7(b)(1)(B). For purposes of this request, "sexual assault" refers to the commission or attempted initiation of a sexual act with a member of the public by means of force, threat, coercion, extortion, offer of leniency or other official favor, or under the color of authority, including unwanted or gratuitous sexual contact such as touching or groping. See id. 832.7(b)(1)(B)(ii).
Records Request No. 8: For any office about whom a sustained finding of sexual assault is disclosed in response to Records Request No. 7, above, all DECISIONAL DOCUMENTS relating to any sustained finding of sexual assault, regardless of date.
II Request for Preservation, or in the Alternative, Request for Documents
While we have asked for a limited selection of documents that are newly available pursuant to S.B. 1421, review of those documents will very likely reveal some incidents in which requestors or other members of the public would like additional detail, such as records of investigation, audio, video, expert reports and other documents excluded from the present request. We therefore request that you provide assurances that you will preserve all such documents, at least for a reasonable time after complying with the present set of document requests, to allow targeted requests for additional information on specific cases.
III Priority of Requests
We understand that this change in the law may result in a significant number of responsive documents, and that you may have received a number of requests for similar documents from other requestors. To help make sure your responses serves the public interest in disclosure of these important records as efficiently as possible, we ask that you prioritize in the following order:
First, please prioritize requests from other requestors who are family members of those killed by police seeking information on how their loved ones died. We recognize that the change in law in many instances may allow these family members access to this information for the first time, and for the first time provide answers about their losses, and urge you prioritize these disclosures.
Second, for our requests, prioritize in the order of requests, 1 through 8
Third, if for any reason some categories of documents responsive to a request are more readily disclosable and other more difficult - for example, if older records are in archival storage or stored in a different and harder-to-use-system, or documents responsive to one request at not as easily categorized for disclosure and would require more time-intensive searching than other - please contact us to discuss the obstacles to prompt disclosure so that we can work out as timeline, process, or refined selection criteria for documents that are more difficult to find or produce.