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 officer involved shooting records for the period of April 29, 1992, through May 4, 1992, 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):
F037-92, OIS, 04/29/1992, Officer Wehage, L. Serial No. 20891
F037-92, OIS, 04/29/1992, Officer Reyes, D. Serial No. 25009
F037-92, OIS, 04/29/1992, Officer Wachter, S. Serial No. 25082
F049-92, OIS, 04/29/1992, Officer Alviani, J. Serial No. 25164
F049-92, OIS, 04/29/1992, Officer Alley, J. Serial No. 26435
F043-92, OIS, 04/30/1992, Officer Bergstrom, D. Serial No. 23409
F043-92, OIS, 04/30/1992, Officer Shafia, J. Serial No. 23584
F045-92, OIS, 05/01/1992, Officer Salazar, R. Serial No. 16458
F047-92, OIS, 05/01/1992, Officer Grein, A. Serial No. 25963
F047-92, OIS, 05/01/1992, Officer Liddy, B. Serial No. 27315
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.
At this time, the Department is still in the process of identifying all possible records responsive to your request. However, older records are not scanned in electronic format and require a manual search and will take time. We are currently unable to provide you with an estimated date records responsive to your request will be available. However, we will continue to provide you updates on any future developments regarding your request, including when the records are available. Thank you again for your patience and understanding.
We also invite you to visit our SB1421 web page, where you will find similar requested records related to officer involved shootings, uses of force with great bodily injury, sustained complaints of sexual assault, and sustained complaints of dishonesty published on our web page. The Department uploads documents on a weekly basis when documents become available. Please see link below.
If you have any questions or concerns, please reply to this email.
LAPD Legal Affairs Division CPRA Unit