RE: Public Records Act Request


Fri, 11 Jan 2008 17:08:45 -0800


"Joan Dawson" <>  Add to Address BookAdd to Address Book  Add Mobile Alert




"Ann Moore" <>, "Bart Miesfeld" <>, "Georgene Pharis" <>

Ms. Acerro,


In brief response, the confidentiality of citizen complaints against officers is mandated by state law, and is a privilege assured to all peace officers working in the State of California.  It was enacted by the California State Legislature, and is codified at Penal Code sections 832.5 through 832.8.  All law enforcement agencies throughout the state must comply with it.  Please let me know if I can be of further assistance. 


Joan Dawson

Deputy City Attorney

City of Chula Vista

(619) 691-5037 


Sent: Fri 1/11/2008 4:49 PM
To: Joan Dawson
Subject: Re: Public Records Act Request

Thank-you for the lawsuit information. The claim for exemption will interest my readers who want a review board and probably make them more sure they are right.


Joan Dawson <> wrote:

January 11, 2008


Theresa Acerro

P.O. Box 8697

Chula Vista, CA  91912


Dear Ms. Acerro,


This e-mail is sent to you in response to two requests for public documents you made to the City of Chula Vista on December 28, 2007.  The first was a request for all lawsuits filed against Chula Vista police officers from 1990 to present.  Attached to this document in an electronic format (PDF) is a list of all plaintiffs/litigants who have filed lawsuits against the City of Chula Vista regarding police issues during the requested time period.  This document is responsive and should satisfy your request.


Your second request was for all complaints filed against police officers from 1990 to present.  This information is privileged pursuant to California Penal Code section 832.7, which provides that all complaints filed against peace officers and information obtained from these complaints is confidential and not subject to disclosure.  The City of Chula Vista is claiming an exemption to disclosure of these records pursuant to the provisions of California Government Code sections 6254(k) as it incorporates the statutory privileges of Penal Code section 832.7 and Evidence Code section 1040 (official information), 6254(c)(personnel exemption), 6255 (right to privacy outweighs disclosure), and other applicable statutory and case law.


Please let me know if I can be of additional assistance.  Thank you.


Joan Dawson

Deputy City Attorney

City of Chula Vista

(619) 691-5037