SB1421 records request (Los Angeles Police Department) • MuckRock

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Communications

From: Jeff Wesson

12/09/2019

Subject: California Public Records Act Request: SB1421 records request (Los Angeles Police Department)

Portal

To Whom It May Concern:

Pursuant to the California Public Records Act, I hereby request the following records:

In accordance with SB1421 I would like any of the following complaints or records of disciplinary action:
Investigative reports, Photographic, audio, and video evidence; transcripts or recording of interviews.
Materials compiled and presented for review to the district attorney or to any person or body charged with determining whether to file criminal charges against an officer in connection with an incident, or whether the officer’s action was consistent with law and agency policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take.
Documents setting forth finding or recommended findings.
Copies of disciplinary records relating to the incident, including any letters of intent to impose discipline, any documents reflecting modifications of discipline due to theSkelly or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action.

For the following officers:

Deputy Janet Henderson

Please include all arrests records as well including those for driving under the influence for the following officers:

Deputy Janet Henderson

Please provide arrests records for any reserve deputy that has been arrested for the past 20 years.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Jeff Wesson

From: Los Angeles Police Department

12/10/2019

Subject: Your first record request #19-7152 has been opened.

Portal

City of Los Angeles

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Hi there

Your first City of Los Angeles record request (request number #19-7152) has been submitted.
It is currently unpublished and is not available for the general public to view.

Request #19-7152.

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

From: Los Angeles Police Department

12/19/2019

Subject: Your City of Los Angeles public records request #19-7152 has been closed.

Portal

City of Los Angeles

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Hi there

Record request #19-7152 has been closed and published. The closure reason supplied was:

Dear Requester:

I have reviewed your request to the Los Angeles Police Department (“LAPD” or “Department”) under the California Public Records Act (Cal. Govt. Code section 6250, et seq., hereinafter the “CPRA” or “Act”) seeking:

* In accordance with SB1421 I would like any of the following complaints or records of disciplinary action for Janet Henderson: Investigative reports, Photographic, audio, and video evidence; transcripts or recording of interviews. Materials compiled and presented for review to the district attorney or to any person or body charged with determining whether to file criminal charges against an officer in connection with an incident, or whether the officer’s action was consistent with law and agency policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take. Documents setting forth finding or recommended findings. Copies of disciplinary records relating to the incident, including any letters of intent to impose discipline, any documents reflecting modifications of discipline due to the Skelly or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action.

* All arrests records as well including those for driving under the influence for Deputy Janet Henderson

* Please provide arrests records for any reserve deputy that has been arrested for the past 20 years.

The Department is cognizant of its responsibilities under the CPRA. 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 the government’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 such weighty considerations as the right of privacy, a right of constitutional dimension under California Constitution, Article 1, Section 1. The law also allows for nondisclosure of records that are otherwise exempt under either express provisions of the Act or pursuant to applicable federal or state law, per California Government Code Sections 6254(a); 6254(b); 6254(c);6254(f) 6254(k); and 6255.

The Department also recognizes that Penal Code Section 832.7 – which generally makes all peace officer personnel records confidential and undisclosable – was amended on January 1, 2019 by Senate Bill 1421 to create an exception from that general confidentiality requirement for the following four categories of officer personnel and investigatory records: records relating to the report, investigation, or findings of (i) an incident regarding an officer-involved shooting; (ii) an incident involving the use of force by an officer resulting in death or great bodily injury; (iii) an incident involving a sustained finding of sexual assault by an officer involving a member of the public; and (iv) an incident involving a sustained finding of dishonesty by an officer directly related to the reporting, investigation, or prosecution of a crime or of the investigation of misconduct by another officer. Pen. Code § 832.7(b)(1)(A)-(C).

With respect to Items 1 and 2, the Department conducted a search and has determined that Janet Henderson was not an employee with the Los Angeles Police Department. Therefore, we are unable to respond to your request.

With respect to Item 3, the Department does not have reserve deputies, therefore we are unable to respond to your request. Please contact the appropriate jurisdiction for further information.

Respectfully,

LAPD Discovery Section, CPRA Unit

Files

There are no files associated with this request.

Submitted	Dec. 9, 2019
Est. Completion	None