L. A. TIMES v. POST – DISCLOSURE OF OFFICER’S NAMES
February 04, 2008
The attached information from POST requires your immediate attention. In order to avoid the disclosure of the names of officers whose identity must be withheld in order to protect their safety, all law enforcement agencies must respond to POST within the next 10 days. Your response to the request from POST with the names of those officers must be provided, preferably with a letter from your agency’s legal counsel, within that time period.
Time is of the essence!
For additional information about this matter, and the case decision, please click here. Should you have any questions about this, please feel free to contact me at (714) 446 – 1400 or via e-mail atmjm@jones-mayer.com. As always, we urge you to confer with your agency’s legal advisor for guidance and advice.
From: Paul A. Cappitelli,
Executive Director Commission on Peace Officer Standards and Training
Subject: LOS ANGELES TIMES v. POST: PEACE OFFICER INFORMATION
URGENT – RESPONSE REQUIRED
On August 27, 2007, the California State Supreme Court ruled that some information in POST’s Peace Officer Database is public information. POST Bulletin 2007-22 explains the origin of the suit and the decision.
To access the Court’s decision, click here. Scroll to the bottom of the page. Click the check box next to “I have read and agree to these Terms and Conditions.”, and click the red VIEW OPINIONS link. In the area marked “GET OPINION BY CITE”, type “42,” select Cal.4th, type “278,” then click “go.” You and your departmental legal advisors are strongly encouraged to review the ruling and material that will be sent to your agency through the Electronic Data Interchange system by February 5, 2008.
By Monday, February 4, 2008, POST will provide each agency a Court Order Report of its own peace officer names which POST intends to release on February 15, 2008. The report will be available for download via the encrypted Electronic Data Interchange (EDI) system. Immediately upon receipt, your EDI operator should present the list to you or a designated command officer to review and determine if the department wants to take action to exclude any names from disclosure.
PLEASE READ THIS DOCUMENT FOR THE COMPLETE INFORMATION REGARDING THIS ISSUE. If you have any questions, call (916) 227-2802 or (916) 261-4120.