Request #5466
We make a specific requests for all info related to the training, competency,weapon handling , safety, complaints,& all other pertaining records to the shootings of officer (OMITTED BY CITY CLERK'S OFFICE) also the copy's of related expenses accrued and charged to the city's counsel of file.
Correspondence
After a reasonable search, the City has determined that records exists which are responsive to your request. However, some of the responsive records are exempt from disclosure and will not be produced. Specifically, complaints against peace officers and investigations regarding such complaints constitute peace officer personnel records which are exempt from disclosure pursuant to Cal. Penal Code 832.7, Cal. Evidence Code sections 1043 – 1047, and Cal. Gov. Code 6254(k). As written, whether the request seeks any non-exempt records (other than those reference below) regarding specific complaint types. We are happy to assist you in an effort to narrow your request should you wish to do so. You may contact deputy City Attorney Jason McEwen at 714-415-1080 if you would like to discuss further. In the meantime, the City will produce all non-exempt, non-privileged records responsive to this request which consist of government tort claims filed with the City in the year prior to your request. These records are available via the Garden Grove City Clerk's Office. Please contact the City Clerk's office at (714) 741-5040 to review any pertinent records.
Request for Public Records – City of Garden Grove Notice of Extension
The City of Garden Grove has received your records request dated February 13, 2020, Request #5466. The City’s intent is to comply with your request for public records, pursuant to the California Public Records Act (the “Act”) (Government Code §6250 et seq.).
The City is in the process of evaluating this request and is compiling records in an effort to make a determination as to whether the request seeks copies of disclosable public records in the possession of the City of Garden Grove. However, notice is hereby given that the time limit to make this initial determination under the code shall be extended by fourteen (14) days to March 9, 2020, pursuant to Government Code §6253, for the following reason:
(a) The extension of time is reasonable and necessary for the proper processing of the request.
As noted above, the City’s written determination as to whether the request seeks copies of disclosable, non-exempt and non-privileged public records in the possession of the agency shall be sent to you on or about March 9, 2020. Pursuant to the Act, thereafter any and all disclosable, non-exempt and non-privileged public records that are deemed responsive to your request will be made promptly available to you.
In the meantime, if you have any questions or concerns regarding the processing of this request, please feel free to contact me.
Sincerely,
City Clerk’s Office
City of Garden Grove
714-741-5040
Due date extended to: Monday, March 09, 2020
Response to PRA #5466
The City is in receipt of your Public Records Act request. However, as written it is not possible to determine what records you seek. It appears that you are seeking records reflecting training records and complaints against peace officer Brian Dalton and/or records regarding officer involved shootings in which Officer Dalton was involved. If you would like to discuss your request so that the City may better understand what specifically you are seeking, you may contact Deputy City Attorney Jason McEwen who will attempt to assist you in clarifying your request.
Assuming that the City’s interpretation of your request (as explained above) is accurate, the City has conducted a reasonable search for public records that are responsive to your request and has determined that responsive records do exist. However, some of the responsive records are exempt from disclosure and will not be produced. Specifically, peace officer personnel records, including training records, complaints, and investigations regarding such are exempt from disclosure pursuant to Cal. Penal Code 832.7, Cal. Evidence Code sections 1043 – 1047, and Cal. Gov. Code 6254(k). To the extent that your request seeks records related to officer involved shootings, such records are subject to disclosure pursuant to Cal. Penal Code 832.7 despite the fact that they are also considered “personnel” records.
Those records will be made available for your review at Garden Grove City Hall. Please contact Deputy City Attorney Jason McEwen to make an appointment to review any non-exempt, non-privileged responsive records. He may be reached at 714-415-1080.
Thank you,
City Clerk’s Office
City of Garden Grove
714-741-5040