Q: I am considering filing an open records request under the California Public records act for the internal emails of a police sergeant.I suspect there is information related to misconduct on an issue not related to any open criminal case or crime investigation.
Are the officer’s emails exempt under the law, or would the department simply have to black out any information related to open investigations and still give me the records?
A: It is always possible the police department could claim a number of exemptions apply to the emails you seek. I could give you a laundry list of potential exemptions that the city might claim (the deliberative process privilege, the so-called “catch-all” exemption), but the best thing to do is to simply launch your request to the police department and see how they respond.
It is good to keep in mind that as a starting point, all records in the possession of a public agency are presumed to be open unless some exemption applies. Agencies, upon receiving such written requests, must within 10 days of receipt let you know whether it has records that are responsive to your request, and whether it is claiming any exemption. The agency must then provide you with copies of disclosable records “promptly.” Gov’t Code § 6253(c). If the police department asserts the records you seek are not subject to disclosure, then it is required to identify the exemption claimed and how it applies. Any exemption claimed must be narrowly applied in favor of disclosure.
You can find more information on this website about the Public Records Act, including a sample request letter.
Bryan Cave 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.