Police Records and Investigation Files
Q: I submitted a CPRA request to the Police Department. Both times they ignored the written request. The first time, I was told by a representative orally that the requested records (which are public documents including departmental policies) could not be turned over until the department’s investigation into an officer involved shooting was completed (which would take up to a year). The department wouldn’t even provide copies of its own policies which it used to keep in the reference section of the public library until just recently until they were done with the shooting investigation. That makes no sense.
The second request was apparently just ignored. It’s been 24 days since the request was submitted in writing.
Both letters asked for policy and statistical information on department issued tasers, training on their use and statistical information related to them. I believe the department is withholding this information because before the shooting occurred, one officer had fired his taser and hit his partner by mistake. They have admitted that had happened to me.
Also, I had asked for documents to substantiate the promises the police management had made in regards to continuing police reform measures four months before. I’m not sure they have done any of these reforms.
A: Under the California Public Records Act (“PRA”), police departments are entitled to withhold “records of complaints to, or investigations conducted by, or records of intelligence information or security procedures of” the police agency, “or any investigatory or security files compiled” by the agency. It is not clear whether the records you seek would fall within this exemption to the PRA’s ordinary rule of mandatory disclosure, or whether police department is even relying on this exemption. To the extent you are seeking purely statistical information about tasers, this exemption probably wouldn’t apply.
Depending on the circumstances, it is possible that documents regarding training on the use of tasers might constitute “security procedures.”
In any event, where, as here, you have made two written requests, and the department declines to release the requested records, the department is required to supply you with a written response to those requests within 10 days of your original request. The department’s written response must specify the PRA’s exemptions that the department is relying on to refuse releasing the records. (see Government Code section 6255). If only a portion of the records you have requested are exempt, the department must release any records that are not exempt.
I would suggest writing another letter to the department, reminding them of their obligation to respond to your requests in writing. You might also remind the department that if you are forced to sue to obtain access, you will be entitled to your attorneys fees (Govt. Code section 6259).