CITY AND COUNTY OF SAN FRANCISCO

POLICE DEPARTMENT
HEADQUARTERS
1245 3RD Street
San Francisco, California 94158

LONDON N. BREED
MAYOR

WILLIAM SCOTT
CHIEF OF POLICE

January 31, 2019
Lisa Fernandez
2 Jack London Square
Oakland, CA 94607
RE: Public Records Request, dated January 21, 2019, Reference # P006626-012119
Dear Lisa Fernandez:
The San Francisco Police Department (SFPD) received your Public Records Act request, dated
January 21, 2019.
You requested:
"1. The names and reports of officers involved in police or deputy misconduct and covered under
SB 1421. We are seeking records that date back to Jan. 1, 2017 in our initial request. We would
like a prompt return of these records, as required by law. Please include video related to the
incident. 2. As this process can be time-consuming, the second part of our request is asking for
records going back to Jan. 1, 2014. We request that "Part 2" of our request be made public
considering time restraints. Please include related video. 3. In addition, please provide how
many complaints from the public about police misconduct regarding the items covered in SB
1421 you have gotten in this time period. (Back to Jan. I, 201 7 first, and then back to Jan. I,
2014) 4. How many department-initiated internal affairs investigations regarding items covered
in SB 1421 have you conducted in this time period? 5. How many claims and lawsuits have you
received and settled regarding the items covered in SB 1421 in the same time period? KTVU is
asking for Part I of our request as soon as possible. We are seeking: (A) A record relating to the
report, investigation, or findings of any of the following: (i) An incident involving the discharge
of a firearm at a person by a peace officer or custodial officer. (ii) An incident in which the use
offorce by a peace officer or custodial officer against a person resulted in death, or in great
bodily injury. (B) N Any record relating to an incident in which a sustained finding was made by
any law enforcement agency or oversight agency that a peace officer or custodial officer
engaged in sexual assault involving a member of the public. (ii) As used in this subparagraph,
"sexual assault" means the commission or attempted initiation of a sexual act with a member of
the public by means offorce, threat, coercion, extortion, offer of leniency or other official favor,
or under the color of authority. For purposes of this definition, the propositioning for or
commission of any sexual act while on duty is considered a sexual assault. (iii) As used in this
subparagraph, "member of the public" means any person not employed by the officer's
employing agency and includes any participant in a cadet, explorer, or other youth program
affiliated with the agency. (C) Any record relating to an incident in which a sustained finding
was made by any law enforcement agency or oversight agency of dishonesty by a peace officer
or custodial officer directly relating to the reporting, investigation, or prosecution of a crime, or

 directly relating to the reporting of or investigation of misconduct by, another peace officer or
custodial officer, including, but not limited to, any sustained finding of perjury, false statements,
filing false reports, destruction, falsO)ing, or concealing of evidence ..."
SFPD will, of course, respond to your request in compliance with the law. But, as explained
below, we will face time constraints in doing so.
Prior to January 1, 2019, California Penal Code Section 832.7 protected from public disclosure
peace officer personnel records and the information in those records subject to certain narrow
exceptions. But on September 30, 2018, Governor Brown signed into law SB 1421, which,
effective January 1, 2019, amended Section 832.7 to create additional exceptions to the
confidentiality for peace officer personnel records, thus making available to the public a broad
range of records that previously could not be disclosed. These new exceptions relate to specific
incidents or determinations, allowing for the public release of:
•

the report, investigation, or findings regarding an officer's discharge of a firearm at a
person;

•

the report, investigation, or findings regarding an officer's use of force that results in
death or great bodily injury;
a sustained finding that an officer engaged in sexual assault involving a member of
the public; and
a sustained finding that an officer was dishonest directly relating to the reporting,
investigation, or prosecution of a crime, or directly relating to the reporting of, or
investigation of misconduct by, another officer. (See Penal Code § 832.7(b)(1)(A)(C).)

SFPD has received a number of requests for previously confidential peace officer records made
public as a result of the passage of SB 1421. Despite our best efforts to respond promptly, a
backlog has quickly developed and will remain for some time.
SFPD must balance its duty to respond to public records requests with its duty to perform the
broad range of tasks performed by SFPD personnel that result in keeping the peace and
maintaining safety in our communities. Responding to your request will be quite burdensome
and time-consuming, especially when coupled with our duty also to respond to like public
records requests from others. SFPD will not be able to respond within the customary time frame
without unreasonably impinging on its ability to perform its other duties.
It is in this rare circumstance that we find it necessary to invoke a rule of reason to guide the
timing of our response to your public records request. As the City Attorney has stated on pages
97-98 of the Good Government Guide, which is available on the City Attorney's website, the law
recognizes that when there is a conflict between a department's performance of its wide range of
duties, and its responsibilities under public records laws, reason demands flexibility in the timing
of responses to requests. Under this rule and given the SFPD's other public obligations, we will
not be able to devote an unlimited amount of staff time to your request and like requests.

 Nevertheless we intend to provide a complete response to your request, but it will take longer
than ordinarily is the case.
Over time, we expect this backlog problem to recede, and expect to be able to move more
quickly on requests such as yours, particularly if the records being sought have already been
reviewed in order to respond to an earlier request. But we are not there yet. For now, we intend
to provide records in response to your request, and other like requests, on a rolling basis. We
will provide you with a brief update by February 15, 2019.
Please let me know if you have any questions pertaining to this letter, or any suggestions you
might have that could expedite our response to your request.
If you have any questions, please contact Ofc. Jose Mora at 415-575-6700.

Sincerely,
Lt. KathrYn AVaaland
Lieutenant Kathryn Waaland
Officer in Charge
Legal Division