Police Department Policy

3-14 (NEW 12-18)_Requests for Records Pursuant to the Cal_3201-12262019

Sacramento County Sheriff

Policy Text
1 of 4                                                     3/14 (NEW 12/18) GENERAL ORDER REQUESTS FOR RECORDS P URSUANT TO THE CALIFORNIA PUBLIC RECORDS ACT I. General 1. This order shall take effect immediately. 2. The purpose of this Order is to establish the procedure for release of records requested pursuant to G overnment Code section 6250, et seq., the California Publ ic Records Act. II. Procedure 1. Upon receipt of a request for re cords submitted under the Ca lifornia Public Records Act (CPRA), either oral or written, the requestor shall be directed to the PRA System at www.sacsheriff.com. 2. If the requestor elects not to use the PRA System, the recei ver of the request shall create a reco rd in the PRA System. 3. All CPRA requests received by the Professional Standards Div ision shall be entered and managed thr ough the PRA System. 4. The Professional St andards Division will determine what divi sion will be assigned to compile the records. When that determination is mad e, the Professional Standards Division will contact the relevant Divis ion Commander. The Division Commander will assign the request to on e of the following: a. Assistant Commander. b. Operations Commander c. Administrative Sergeant 5. As soon as practical the a ssigned division’s employee(s) des ignated to compile the records will contac t the Professional Standards Div ision to provide a time estimate to comp ile the records, advise if only part of the records are in the possession o f the Sheriff’s Office, or if th ere are no 2 of 4                                                     3/14 (NEW 12/18) responsive records to the CPRA request. All communication betwe en the division employee and Legal Affa irs within Prof essional Standar ds shall be in writing via email. 6. The assigned divisional emplo yee(s) will provide any respons ive documents directly to Legal Affair s. If there are any documents that contain information that may be deemed confidential, the divisi onal employee will identify those documents for po ssible redaction. After these documents are identified, Legal Affairs will make redactions or withhold records in accordance wit h all applicable laws. 7. Within 10 days of receiving t he CPRA request, Professional Standards Division will: a. Determine whether to comply, i n whole or part with the CPRA request, or determine if additional time to respond is required Notify the requestor of its dete rmination by using the PRA Syst em. 8. The response provided by the Professional St andards Division will indicate: a. Whether records exist res ponsive to the CPRA request. b. If a document is going to be withheld, the reason for why th e document is being withheld has to b e identified in the response . c. If records will be withhel d, it must set forth names and titles/positions of each per son responsible for denial. 9. If the request for records is v oluminous or would require an extensive search, the divisional employee assigned to compile the records will convey that information and an es timate of how long will be req uired to compile the records to Professi onal Standards via email as soon as possible. a. Upon notification from the divi sion employee, the Profession al Standards Division will notify t he requestor that a 14 day exte nsion of time is being requested, set ting forth the reasons for the extension of time and the date on which a determination is expected. An extension of time will only be r equested in unusua l circumstances because of the need to: i. Search for and collect document s from field facilities and o r other locations. ii. Search for and collect and ex amine voluminous amount of records. 3 of 4                                                     3/14 (NEW 12/18) iii. Consult with another agency havi ng a substantial interest in the request. iv. Compile data, write progr amming language or a computer program, or to construct a compu ter report to extract data. b. If the CPRA request seeks discl osable records, Professional Standards shall respond to the re questor with the estimated dat e and time when the records will be made available. 10. When the requested records have been compiled, they are to be sent to the Professional Stand ards Division in an electronic format. 11. Upon receipt of the electronic records, the Professional St andards Division will determine what records are to be produced in accordance wi th all applicable laws. 12. The Professional St andards Division in c onjunction with cou nsel assigned to Legal Affairs will prov ide the following: a. Advice and a determination r egarding the statut ory requireme nts of Government Code section 6250, et seq., the California Public Records Act. b. Advice and a determination i f records requested are exempt f rom disclosure under the CPRA. c. Advice and a determination if the records requested are controversial or involve sensitive matters. 13. The Professional St andards Division will log those records into the PRA System and will respond to the re questor through the PRA System . 14. If

Why Attorneys Choose FlawFinder

Side-by-side with Westlaw and LexisNexis

FeatureWestlawLexisNexis
Monthly price$19 - $99$133 - $646$153 - $399
ContractNone1-3 year min1-6 year min
Hidden fees$0, alwaysUp to $469/search$25/mo + per-doc
Police SOPs✓ 310+ departments
Zero-hallucination AI✓ CitationGuard
CancelOne clickTermination feesNo option to cancel
FlawFinder provides legal information, not legal advice. Consult an attorney for specific legal guidance.