Office of the City Manager May 9, 2014 To: Police Review Commission From: Christine Daniel, City Manager Re: Release Of Con?dential Police Personnel Information It recently came to the attention of the City that confidential police personnel information had been released to the Daily Californian. As you know, police personnel information is not subject to public release as set forth in Penal Code section 832.7. Additionally, the California Courts have directly ruled on the issue as set forth in Berkeley Police Association v. City of Berkeley, et al. (2008) 167 Cal.App.4th 385. Each member of the Police Review Commission (PRC) has already acknowledged this by signing a Confidentiality Agreement stating your commitment to maintain these records as confidential. PRC staff and Commission members do, and must, have access to these records for purposes of PRC processes. In fact it is vital to the integrity of the civilian oversight process that Commissioners and staff have access to these records in order to properly assess each case and make appropriate decisions. The indication that records have been released despite the rules prohibiting that presents a challenge to the integrity of the process. The City has conducted a confidential personnel investigation of all staff who had access to these records. That investigation concluded that no staff member released the records. Should they have done so, they would have been subject to appropriate disciplinary action. With that information, in order to assure the community, the City, and individual members of the Berkeley Police Department, that records will never be improperly released as part of Berkeley's civilian oversight process, I am asking the Commission to take a public action motion or resolution) affirming its commitment to all aspects of the civilian oversight process, including maintaining confidentiality of records as set forth in the law. I deeply appreciate the Commission's commitment to the important role of civilian oversight of the Berkeley Police Department. Berkeley has a long and respected history of civilian oversight and I am making this request in honor of that history. cc William Rogers, Deputy City Manager Zach Cowan, City Attorney Katherine Lee, Police Review Commissioner 2180 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7000 TDD: 510.981.6903 Fax: 510.981-7099 E-mail: manager@ci.berke1ey.ca.us