I have reviewed your request to the Los Angeles Police Department (“Department”) under the California Public Records Act (Cal. Govt. Code section 6250, et seq., hereinafter the “Act”) seeking “all disclosable records relating to the report, investigation, findings, and administrative discipline of the following officers who are employed by Los Angeles Police Department- Officer Stephen Winters #32329, Officer James Verner 1/33441, and Officer Gerald Mimms #31584.
- An incident involving the discharge of a firearm at a person;
- An incident in which the use of force resulted in death or great bodily injury;
- Any sustained finding involving sexual assault, as defined by Cal. Penal Code
- Any sustained finding involving dishonesty directly relating to the reporting,
investigation, or prosecution of a crime, including, but are not limited to, any
sustained finding of perjury, false statements, filing false reports, destruction,
falsifying, tampering with, or concealing of evidence, receipt or solicitation of
bribes, loans, favors, or gifts, misappropriation of property, obstructing an
investigation, or influencing a witness.
The Department is cognizant of its responsibilities under the Act. It recognizes the statutory scheme was enacted to maximize citizen access to the workings of government. The Act does not mandate disclosure of all documents within the government’s possession. Rather, by specific exemption and reference to other statutes, the Act recognizes that there are boundaries where the public’s right to access must be balanced against such weighty considerations as the right of privacy, a right of constitutional dimension under California Constitution, Article 1, Section 1. The law also allows for nondisclosure of records that are otherwise exempt under either express provisions of the Act or pursuant to applicable federal or state law, per California Government Code Sections 6254(a); 6254(b); 6254(c); 6254(k); and 6255.
The Department also recognizes that Penal Code Section 832.7 – which generally makes all peace officer personnel records confidential and undisclosable – was amended on January 1, 2019 by Senate Bill 1421 to create an exception from that general confidentiality requirement for the following four categories of officer personnel and investigatory records: records relating to the report, investigation, or findings of (i) an incident regarding an officer-involved shooting; (ii) an incident involving the use of force by an officer resulting in death or great bodily injury; (iii) an incident involving a sustained finding of sexual assault by an officer involving a member of the public; and (iv) an incident involving a sustained finding of dishonesty by an officer directly related to the reporting, investigation, or prosecution of a crime or of the investigation of misconduct by another officer. Pen. Code § 832.7(b)(1)(A)-(C).
The Department has conducted a search for responsive records and did not locate any responsive records for Stephen Winter, Serial 32329; James Verner Serial, 33441; and Gerald Mimms, Serial 31584.
If you have any questions or concerns, please respond to this email.
LAPD Discovery Section, CPRA Unit