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HomeMy WebLinkAboutResponse1 Bromham, Ingrid From:Garcia, Kami Sent:Monday, March 6, 2023 16:11 To:140190-21485405@requests.muckrock.com Cc:-- City Attorney; Bromham, Ingrid Subject:Public Records PRA2023-02-004 MuckRock News Good Afternoon, This email is in response to your February 6, 2023 email where you requested the following documents: “With respect to incidents occurring on or after January 1, 2014, we are requesting copies of all public records relating to any of the following circumstances, pursuant to Penal Code section 832.7(b): 1 Any incident involving the discharge of a firearm at a person by a peace officer or custodial officer 2 Any incident involving the use of force against a person by a peace officer or custodial officer that resulted in death or great bodily injury 3 Any incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in sexual assault involving a member of the public 4 Any incident in which a sustained finding was made by any law enforcement agency or oversight agency involving dishonesty by a peace officer or custodial officer directly relating to the reporting, investigation, or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, another peace officer or custodial officer, including, but not limited to, any false statements, filing false reports, destruction, falsifying, or concealing of evidence, or perjury 5 Any sustained finding involving a complaint that alleged unreasonable or excessive force 6 Any sustained finding an officer failed to intervene against another officer using force that is clearly unreasonable or excessive 7 Any incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in conduct including, but not limited to, verbal statements, writings, online posts, recordings, and gestures, involving prejudice or discrimination against a person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status 8 Any incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer made an unlawful arrest or conducted an unlawful search If your agency possesses an index or list of records that the agency has determined are covered by SB 1421 and SB 16, this request also seeks production of that index or list.” The City of Petaluma is treating your request under the California Public Records Act. The City has responsive records and estimates disclosure on a rolling basis by March 24, 2023. The City will advise you once the documents and video recordings are available in the drop box location. Pursuant to Penal Code Section 832.7(b)(e)(3), the City is producing the following records: all investigative reports; audio, photo and video evidence; interviews; autopsy reports; all materials presented to a prosecutor for review to determine whether to file criminal charges against an officer; and documents concerning potential discipline, actual discipline or settlement of discipline relating to a disclosable incident. 2 Additionally, these documents are limited by Penal Code Section 832.7(b)(6) which requires all agencies to redact (1) personal data or information, such as a home address, telephone number, or identities of family members, other than the names and work-related information of peace and custodial officers; (2) information necessary to preserve the anonymity of whistleblowers, complainants, victims, and witnesses; (3) information required to protect confidential medical, financial, or other information disclosure of which is prohibited by federal law or would cause an unwarranted invasion of personal privacy that clearly outweighs the strong public interest in records about possible misconduct and use of force by peace officers and custodial officers; and (4) when there is a specific, articulable, and particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of the peace officer or another person. As required by law, we are redacting personal information described in Penal Code section 832.7(b)(6). Thank you, Kami   Kami Garcia Deputy City Clerk City of Petaluma | City Clerk kgarcia@cityofpetaluma.org Petaluma is in a drought. There are many programs and incentives to help you conserve water! Learn more HERE.