Civilian Complaint Request (Los Angeles Police Department)

City of Los Angeles

************************************************************************

Your first City of Los Angeles record request (request number #22-2485) has been submitted.
It is currently unpublished and is not available for the general public to view.

Request #22-2485.

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>

City of Los Angeles

************************************************************************

A message was sent to you regarding record request #22-2485:

Dear Requester:

In regard to your California Public Records Act (CPRA) requester, please provide additional information to better understand the types of records you seek. Your request has been enumerated, please respond to each categorized item so that we may efficiently fulfill your request.

I am requesting all 1) civilian complaint records and their dispositions from the years 2019-2021 as well as 2) use of force complaints and dispositions. I am also requesting all 3) disciplinary records for 2019-2021 as well as a 4) roster of all officers from this period. If these records exist in digitized form, I would love to have them digitized.

1)     Civilian complaints records to which you refer, are these complaints filed by civilians, the public, against sworn officers, or complaints filed against civilian employees of the Department?

2)     Use of force complaints, are these use of force incidents as delineated in Senate Bill 16?

3)     Disciplinary records, would these be for any and all discipline imposed upon Department personnel, or disciplinary records as delineated in Senate Bill 1421 and/or Senate Bill 16?

4)     Roster of all officers, this would be a roster of all sworn personnel employed by the Department on and between January 1, 2019 and December 31, 2021?

Please respond to this email so that we may efficiently fulfill your request.

Respectfully,

LAPD Risk Management and Legal Affairs Division

Public Records and Subpoena Response – Section B

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>

City of Los Angeles

************************************************************************

A message was sent to you regarding record request #22-2485:

Dear Requester:

We have reviewed your California Public Records Act request. 

Please be advised that, pursuant to California Government Code Section 6253(c), we have found that “unusual circumstances” exist with respect to the request due to the need to search for, collect, and review the requested records from other Department entities which are separate from the office processing the request. Therefore, our staff will require the statutory fourteen days extension of time in which to respond. A determination concerning your request will be made as soon as possible.

If you have any questions regarding this correspondence, simply respond to this email. 

Respectfully,

LAPD Risk Management and Legal Affairs Division

Public Records and Subpoena Response - Section B

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>

City of Los Angeles

************************************************************************

A message was sent to you regarding record request #22-2485:

Dear Requester:

To avoid further delays, and in order for us to proceed, please respond to this email by clarifying your request in regard to the type of record you are seeking. If your request is pursuant to Senate Bill1421 (SB1421) and/or Senate Bill 16 (SB16), new laws amending Section 832.7 of the Penal Code, you may state so in your response to this inquiry.

The Department is cognizant of its responsibilities under the Act. It recognizes the statutory scheme was enacted to maximize citizen access to the workings of government. The Act does not mandate disclosure of all documents within an agency’s possession. Rather, by specific exemption and reference to other statutes, the Act recognizes that there are boundaries where the public’s right to access must be balanced against other considerations, such as the right of privacy under the California Constitution. The law also allows for nondisclosure of records that are exempt under express provisions of the Act and/or confidential pursuant to applicable federal or state law, per California Government Code Sections 6254(c); 6254(f); 6254(k), and 6255.

The Department also recognizes that Penal Code Section 832.7 – which generally makes peace officer personnel records confidential and undisclosable – was amended by Senate Bill 1421 (SB1421) on January 1, 2019, and by Senate Bill 16 (SB16) on January 1, 2022, to create an exception from that general confidentiality requirement for the following categories of officer personnel and investigatory records, which are listed in Penal Code Section 832.7(b)(1)(A)-(E): (A) a record relating to the report, investigation, or findings of (i) an incident regarding the discharge of a firearm at a person by a peace officer or custodial officer; (ii) an incident involving the use of force against a person by a peace officer or custodial officer that resulted in death or in great bodily injury; (iii) a sustained finding involving a complaint that alleges unreasonable or excessive force; (iv) a sustained finding that an officer failed to intervene against another officer using force that is clearly unreasonable or excessive; (B)(i) any record relating to an 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; (C) any record relating to any incident in which a sustained finding was made by any law enforcement agency or oversight 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; (D) any record relating to an 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, or (E) any record relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that the peace officer made an unlawful arrest or conducted an unlawful search.

Please provide additional information to better understand the types of records you seek. Your request has been enumerated, please respond to each item so that we may efficiently fulfill your request.

I am requesting all 1) civilian complaint records and their dispositions from the years 2019-2021 as well as 2) use of force complaints and dispositions. I am also requesting all 3) disciplinary records for 2019-2021 as well as a 4) roster of all officers from this period. If these records exist in digitized form, I would love to have them digitized.

1.     Civilian complaint records to which you refer, are these complaints filed by civilians, the public, against sworn officers, or complaints filed against civilian employees of the Department?

2.     Use of force complaints, are these use of force incidents as delineated in Senate Bills 1421 and 16?

3.      Disciplinary records, would these be for any and all discipline imposed upon Department personnel, or disciplinary records as delineated in Senate Bill 1421 and/or Senate Bill 16?

4.     Roster of all officers, this would be a roster of all sworn personnel employed by the Department on and between January 1, 2019 and December 31, 2021?

We will continue with the process of responding to your request once we have clarification from you. Please reply to this email or contact us by phone if you have further questions (213) 847-3615.

Respectfully,

LAPD Risk Management and Legal Affairs Division

Public Records and Subpoena Response Section – B

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>

City of Los Angeles

************************************************************************

Record request #22-2485 has been published and is now available for public view.

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>