I'm requesting access to records under the Public Records Act and in accordance with recent changes to Penal Code Sec. 832.7 which removes the confidentiality provision for certain police personnel records and police investigations of incidents involving "the discharge of a firearm at a person by a peace officer or custodial officer," and incidents "in which the use of force by a peace officer or custodial officer against a person resulted in death, or in great bodily injury."
The shooting of Joshua Pawlik by multiple Oakland police officers on March 11, 2018 is precisely the type of incident which is now covered by the Public Records Act as modified by Senate Bill 1421.
Per the law, the City of Oakland must make available the following types of records which relate to the Pawlik OIS:
- transcripts or recordings of interviews;
- autopsy reports;
- all materials compiled and presented for review to the district attorney or to any person or body charged with determining whether to file criminal charges against an officer in connection with an incident, or whether the officer’s action was consistent with law and agency policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take;
- documents setting forth findings or recommended findings;
- copies of disciplinary records relating to the incident, including any letters of intent to impose discipline, any documents reflecting modifications of discipline due to the Skelly or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action.
Please provide me with the following records maintained by the City of Oakland:
- All documents setting forth findings or recommended findings with respect to the Pawlik OIS incident.
- The complete disciplinary report(s) for the Pawlik OIS incident for all officers involved.
- Any and all letters of intent to impose discipline on an officer for any policy violation related to the Pawlik OIS.
- Any and all letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action in relation to the Pawlik OIS.
- Any and all communications from the Independent Monitor Robert Warshaw to any OPD official regarding the Pawlik OIS. Please include any communications regarding OPD's investigation and disciplinary findings.
Because Section 3304 of the Government Code requires the City of Oakland's disciplinary investigation of the Pawlik OIS to be completed on or before March 10, 2019, I am assuming that you have recently completed, or are close to completing these reviews.
If you have not completed the disciplinary investigation of the Pawlik OIS, I respectfully ask that you process my records request and release responsive records after the date which your review is completed, which legally shall be no later than March 11, 2019.
If you require an extension of time to review and redact any exempt information contained in any documents, please notify me and provide an estimated date of production for these records.