SB 978 Policies/URL (San Mateo County District Attorney)
| Multi Request | SB 978 Policies/URL |
| Submitted | June 22, 2021 |
| Est. Completion | None |
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Communications
From: Beryl Lipton
To Whom It May Concern:
This is a request for public records under the California Public Records Act (CPRA).
Under SB 978, a law passed in 2018, "each local law enforcement agency shall conspicuously post on their Internet Web sites all current standards, policies, practices, operating procedures, and education and training materials that would otherwise be available to the public if a request was made pursuant to the California Public Records Act."
Pursuant to CPRA, I request the following records:
• All current standards, policies, practices, operating procedures, and education and training materials in use by this agency.
If these records are already available online, please provide me with the direct links to them. Otherwise, I would prefer these records in an electronic format.
If there are any fees for searching or copying these records, please inform me if the cost will exceed $10. 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 of police practices. As the Senate Rules Committee wrote in its May 26, 2018 floor analysis:
"Making regulations of law enforcement agencies easily accessible to the public helps educate the public about law enforcement policies, practices, and procedures, increases communication and community trust, and enhances transparency while saving costs and labor associated with responding to individual requests for this information."
This information is not being sought for commercial purposes. Furthermore, the requested materials are required by law to be made easily available due to their importance to the public.
The California Public Records Act requires a response within 10 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.
I can be reached via email at the address attached to this request.
I appreciate your time and look forward to hearing from you soon.
Respectfully,
Beryl Lipton
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following California Public Records Act request, copied below, and originally submitted on June 22, 2021. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: San Mateo County District Attorney
To Whom It May Concern:
Good afternoon. In response to the Public Records Act request below received on June 22, 2021, it is presently unclear to the San Mateo County District Attorneys' Office whether this statute, PC 13650, applies to district attorneys' offices; it appears to us that it only applies to police and/or sheriff's departments. However, we would like to do a little more research into this issue and provide you with a substantive response next week, say, Wednesday or Thursday. Please let us know if that would be acceptable to you. I look forward to your positive response.
Joseph F. Charles
Deputy County Counsel
County Counsel's Office, County of San Mateo
400 County Center | Redwood City, CA 94063
Tel. (650) 363-4647 | jcharles@smcgov.org<mailto:jcharles@smcgov.org>
From: San Mateo County District Attorney
To Whom It May Concern:
This is a follow up to our recent response to your PRA request below. We are still looking into this issue and expect to provide you with a substantive response next week, week of 7/12/21.
Joseph F. Charles
Deputy County Counsel
County Counsel's Office, County of San Mateo
400 County Center | Redwood City, CA 94063
Tel. (650) 363-4647 | jcharles@smcgov.org<mailto:jcharles@smcgov.org>
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following California Public Records Act request, copied below, and originally submitted on June 22, 2021. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: San Mateo County District Attorney
Good morning (or afternoon as the case may be):
I am following up on this PRA request and your email from this Monday past, July 26, 2021. It is the San Mateo County District Attorneys’ Office’s (“SMCDAO”) position, after researching this issue further, that Penal Code section 13650, referred to you as SB 978, is intended to applies solely to “peace officers” as that term is defined by California Penal Code section 830 et seq. (See, Pen. C. § 830.1(a) [“any inspector or investigator employed in that capacity in the office of a district attorney”]). In enacting Penal Code section 13650, the California Legislature identified its stated intent for enacting SB 978 by stating:
“The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:
1. Law enforcement agencies, including the Commission on Peace Officer Standards and Training and local law enforcement agencies, establish standards of physical, mental, and moral fitness for peace officers, develop and implement programs to increase the effectiveness of law enforcement by peace officers, and provide ongoing education and training for peace officers. (2018 Cal. Legis. Serv. Ch. 978 (S.B. 978).) (Emphasis added.)
The only PC 832 peace officers employed by the SMCDAO are its inspectors. Currently, the only portion of the SMCDAO Policy and Procedures Manual that applies to its inspectors is very limited and is essentially an organization and division of labor chart. The SMCDAO’s Chief Inspector is currently working on a separate policy and procedures manual for the Inspectors and expects that it will be ready to post in a few months.
With that said, SMCDAO can forward you those limited portions of the current manual that applies to its PC 832 peace officers or we can forward to you the finalized version of the upcoming Inspectors policies and procedures manual. It would be our suggestion that you place a tickler on your calendar for approximately two months to check back with us. However, we are happy to give you what we have now. Let us know which you prefer and/or if you have any additional questions.
Joseph F. Charles
Deputy County Counsel
County Counsel’s Office, County of San Mateo
400 County Center | Redwood City, CA 94063
Tel. (650) 363-4647 | jcharles@smcgov.org<mailto:jcharles@smcgov.org>
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