Request #20-3288
  Open

Good morning, LAPD.  I would like to obtain copies of all video and audio records held by the LAPD releasable under the provisions of SB1421.  Thank you.


Received

May 28, 2020 via web


Departments

Police Department (LAPD)

Documents

Public

(loading...)

Staff

Point of Contact

LAPD Analyst Jackie N3375

External Message   Hide Public

Dear Requester:

 

The Department has reviewed your concerns regarding notification of document release.  However, after due consideration, the Department's position remains the same.  Requesters making broad requests for records pertaining to “any and all” or multiple incidents will only be notified at the outset whether or not the Department believes it has disclosable records responsive to their request.  Additionally, the Department will no longer provide such requesters with personalized updates regarding the disclosure status of responsive records; instead, such requesters are instructed to visit the link below for disclosed records and status updates.  Unfortunately, the website does not allow for automatic notifications of records release.  Records are released on Thursday’s as they become available.

 

http://www.lapdonline.org/lapdsb1421

 

If you have any questions, please reply to this email.

 

Respectfully,

 

LAD Discovery, CPRA Unit

June 16, 2020, 4:58pm by LAPD Analyst Jackie N3375 (Staff)
External Message Public

Alternatively can you set up RSS feeds for the pages? I would accept that in lieu of notifications.

June 9, 2020, 5:08pm by the requester
External Message   Hide Public

Do you have some kind of legal authority for your refusal to notify me when you produce a responsive record? The law seems pretty clear to me and I don't see how "keep checking the website" meets your obligations.  How would I even know if any files you uploaded were meant to respond to my request. Please assure me that you will notify me individually when video or audio is uploaded and give me a link to the files.

June 9, 2020, 5:07pm by the requester
Due Date Changed Public
09/22/2020 (was 06/22/2020).
June 9, 2020, 5:03pm
External Message   Hide Public

Dear Requester:

 

I have reviewed your request to the Los Angeles Police Department (“LAPD” or “Department”) under the California Public Records Act (Cal. Govt. Code section 6250, et seq., hereinafter the “CPRA” or “Act”) seeking, “copies of all video and audio records held by the LAPD releasable under the provisions of SB1421,” pursuant to Penal Code Section 832.7 (as amended by SB1421 effective January 1, 2019).

 

The Department is cognizant of its responsibilities under the CPRA.  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(f); 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 and has identified disclosable records responsive to your request, pursuant to Penal Code § 832.7(b)(1). However, we need time to locate, retrieve, and redact video and audio files.

 

The Los Angeles Police Department has been working diligently to respond to such requests for records. In an effort to streamline the record production process, the Department has created a SB 1421 web page where records pertaining to officer-involved shootings, categorical uses of force, sustained findings of sexual assault, and sustained findings of dishonesty will be posted weekly, if available.  Therefore, if you wish to determine if records pertaining to any such incidents have been disclosed, please visit the link below.

 

http://www.lapdonline.org/lapdsb1421

 

Due to the high volume of requests for SB 1421 records, requesters making broad requests for records pertaining to “any and all” or multiple incidents will only be notified at the outset whether or not the Department believes it has disclosable records responsive to their request.  Additionally, the Department will no longer provide such requesters with personalized updates regarding the disclosure status of responsive records; instead, such requesters are instructed to visit the above link for disclosed records and status updates. However, requesters seeking records relating to a specific officer and/or incident will continue to receive notifications relating to their individual request.

 

Please note that, pursuant to Penal Code Section 832.7(b)(5), the Department is required to redact disclosable records for several enumerated purposes, including to remove personal data or information; to protect the anonymity of complainants and witnesses; to protect confidential medical, financial, or other similar information; and where disclosure of the record would pose a significant danger to the physical safety of the subject officer or other persons.  

 

 

If you have any questions or concerns, please reply to this email.

 

Respectfully,

 

LAPD Legal Affairs Division CPRA Unit

 

June 9, 2020, 5:01pm by LAPD Analyst Jackie N3375 (Staff)
Due Date Changed Public
06/22/2020 (was 06/08/2020).
June 8, 2020, 3:59pm
External Message   Hide Public

Dear Requester:

 

I have reviewed your California Public Records Act request. 

 

Please be advised that, pursuant to California Government Code Section 6253(c), I have found that “unusual circumstances” exist with respect to the request due to the need to search for, collect, and review the requested records from other Department entities which are separate from the office processing the request.  Therefore, my staff will require the statutory fourteen days extension of time in which to respond.  A determination concerning your request will be made as soon as possible.

 

If you have any questions regarding this correspondence, simply respond to this email. 

 

Respectfully,

LAPD Discovery Section CPRA Unit

June 8, 2020, 3:59pm by LAPD Analyst Jackie N3375 (Staff)
External Message Public

Is it possible that you're confused about what I'm asking for here? In any case, I look forward to your response in 10 days.

May 28, 2020, 3:03pm by the requester
External Message   Hide Public

Dear Requester,

 

Thank you for your email.  If you wish, please visit the LAPD YouTube channel where LAPD Media Relations Division posts critical incident videos. 

 

https://www.youtube.com/user/LAPDONLINE1/videos

 

Respectfully,

 

LAPD Legal Affairs Division, CPRA Unit

May 28, 2020, 2:41pm by LAPD Analyst Jackie N3375 (Staff)
External Message   Hide Public

I'm familiar with the web page, thanks. Now it's time for LAPD to start processing and publishing audio and video. Furthermore, I hope you will reconsider your policy of not notifying requesters when requests are fulfilled. I can as easily post a separate request for each case, but how would that help anyone?

May 28, 2020, 1:53pm by the requester
Request Published Public
May 28, 2020, 1:32pm
External Message   Hide Public

Dear Requester:

 

Thank you for your interest in obtaining records pursuant to Senate Bill (SB) 1421 (codified in relevant part in Penal Code section 832.7(b)).  

 

The Los Angeles Police Department has been working diligently to respond to such requests for records. In an effort to streamline the record production process, the Department has created a SB 1421 web page where records pertaining to officer-involved shootings, categorical uses of force, sustained findings of sexual assault, and sustained findings of dishonesty will be posted weekly, if available.  Therefore, if you wish to determine if records pertaining to any such incidents have been disclosed, please visit the link below.

 

http://www.lapdonline.org/lapdsb1421

 

Due to the high volume of requests for SB 1421 records, requesters making broad requests for records pertaining to “any and all” or multiple incidents will only be notified at the outset whether or not the Department believes it has disclosable records responsive to their request.  Additionally, the Department will no longer provide such requesters with personalized updates regarding the disclosure status of responsive records; instead, such requesters are instructed to visit the above link for disclosed records and status updates. However, requesters seeking records relating to a specific officer and/or incident will continue to receive notifications relating to their individual request.

 

Thank you for your patience.  Please respond to this email if you have any questions. 

 

Respectfully,

 

LAPD Legal Affairs Division CPRA/1421 Unit

May 28, 2020, 1:31pm by LAPD Analyst Jackie N3375 (Staff)
Department Assignment Public
Police Department (LAPD)
May 28, 2020, 12:01pm
Request Opened Public
Request received via web
May 28, 2020, 12:01pm