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Item 29 - Police Oversight Commission Ordinance Amendment
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Item 29 - Police Oversight Commission Ordinance Amendment
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City Clerk
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Agenda Packet
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City Manager's Office
Item #
29
Date
7/1/2025
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be provided at the earliest possible time and no later than 45 days from the date of a <br />request for their disclosure. <br />(12) (A) For purposes of releasing records pursuant to this subdivision, the <br />lawyer-client privilege does not prohibit the disclosure of either of the following: <br />(i) Factual information provided by the public entity to its attorney or factual <br />information discovered in any investigation conducted by, or on behalf of, the public <br />entity’s attorney. <br />(ii) Billing records related to the work done by the attorney so long as the records <br />do not relate to active and ongoing litigation and do not disclose information for the <br />purpose of legal consultation between the public entity and its attorney. <br />(B) This paragraph does not prohibit the public entity from asserting that a record <br />or information within the record is exempted or prohibited from disclosure pursuant <br />to any other federal or state law. <br />(13) Notwithstanding subdivision (a) or any other law, an agency that formerly <br />employed a peace officer or custodial officer may, without receiving a request for <br />disclosure, disclose to the public the termination for cause of that officer by that <br />agency for any disclosable incident, including those described in subparagraphs (A) <br />to (E), inclusive, of paragraph (1). Any such disclosure shall be at the discretion of <br />the agency and shall not include any information otherwise prohibited from disclosure. <br />This paragraph is declaratory of existing law. <br />(c) Notwithstanding subdivisions (a) and (b), a department or agency shall release <br />to the complaining party a copy of the complaining party’s own statements at the time <br />the complaint is filed. <br />(d) Notwithstanding subdivisions (a) and (b), a department or agency that employs <br />peace or custodial officers may disseminate data regarding the number, type, or <br />disposition of complaints (sustained, not sustained, exonerated, or unfounded) made <br />against its officers if that information is in a form which does not identify the <br />individuals involved. <br />(e) Notwithstanding subdivisions (a) and (b), a department or agency that employs <br />peace or custodial officers may release factual information concerning a disciplinary <br />investigation if the officer who is the subject of the disciplinary investigation, or the <br />officer’s agent or representative, publicly makes a statement they know to be false <br />concerning the investigation or the imposition of disciplinary action. Information may <br />not be disclosed by the peace or custodial officer’s employer unless the false statement <br />was published by an established medium of communication, such as television, radio, <br />or a newspaper. Disclosure of factual information by the employing agency pursuant <br />to this subdivision is limited to facts contained in the officer’s personnel file concerning <br />the disciplinary investigation or imposition of disciplinary action that specifically <br />refute the false statements made public by the peace or custodial officer or their agent <br />or representative. <br />(f) (1) The department or agency shall provide written notification to the <br />complaining party of the disposition of the complaint within 30 days of the disposition.
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