Q: Two years ago, I filed a citizens complaint with the Sheriff’s Department. This complaint was against the sheriff and his deputies.
I have requested copies of all documents compiled in their internal investigation and they have informed me that documents concerning personnel are exempt. I just want copies of my complaint plus any correspondence that is related to my complaint. I lost my file in this matter and am trying to recoup.
I have sent the sheriff two letters but he refuses to comply with my request. could you please advise me as what to do now. There was a lot of controversy concerning the case. I am simply asking for copies of documents that I believe I am entitled to.
A: Although the California Public Records Act generally requires that the records of state and local governmental agencies are open to the public for inspection and copying, Govt. Code section 6253, the Act does list certain categories of records that are exempt from disclosure. Among these are “records of complaints to, or investigations conducted by . . . any state or local police agency.” Govt Code section 6254(f).
Moreover, as you noted, the records may further be exempt as part of the personnel records of the governmental employees about whom the complaint pertains. Govt. Code section 62549c).
Therefore, the records you seek need not be disclosed.
You maybe able to obtain a copy of your complaint letter only by writing to the agency and specifically waiving any privacy interest you have in the letter, and/or by agreeing that the names of the deputies may be redacted. That may address he privacy concerns which justify each exemption.
Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.