Long Beach City Prosecutor's Brady/Giglio List
| Tracking # |
C013300-122121 |
| Submitted | Dec. 21, 2021 |
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Communications
From: Greg Buhl
To the Long Beach City Prosecutor (C/O Long Beach City Manager):
In accordance with California Penal Code §832.7 (b)(1), as amended by Senate Bill 1421, I am requesting all "Brady lists," "Giglio lists," "potential impeachment disclosure lists," or any similar compiled records or lists of records of the type set forth in California Penal Code §832.7 (b)(1)(C).
In particular, the records I am seeking would provide a list of law enforcement officers in your jurisdiction whose involvement in a criminal proceeding would have to be disclosed as potentially exculpatory evidence in accordance with Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 450 U.S. 150 (1972). I am making this request for both sworn employees and non-sworn employees. At a minimum, please include the full name, serial number, and agency of employment; separate lists for each agency in your jurisdiction are fine. If possible, please also include the date of inclusion on the list and any descriptive information relating to the reason for inclusion on the list. If redactions are made, please be sure to justify how the redaction "clearly outweighs" the public interest of disclosure per Government Code §6255.
The time limit of this request is the previous 10 years, or to the maximum extent possible under your agency's records retention schedule if less than 10 years. To be clear, while SB 1421 went into effect on January 1, 2019, in accordance with the recent appellate decision in Walnut Creek Police Officers’ Association v. City of Walnut Creek et al. which unsuccessfully challenged retroactivity, your agency is required by law to produce such records created prior to January 1, 2019 as well as those records created after the effective date.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.
If the list I am requesting exists, I see no reason why this request should take more than 10 days. If you can not comply with this request in 10 days, please let me know why extra time is required and when the responsive documents will be produced as the law requires.
Thank you,
Greg Buhl
CheckLBPD.org
From: City Manager's Office
Dear Greg Buhl:
Thank you for submitting a request for public records to the City of Long Beach. Pursuant to California Government Code § 6253, staff will review your request and respond within 10 days to notify you if there are responsive records, or if an extension is necessary to determine whether responsive records exist.
If your request was received after business hours or on a weekend or holiday, the next business day will be considered the date of receipt. The 10-day response period starts with the first calendar day after the date of receipt (Ca. Civ. Code, § 10).
You may be contacted by a City staff member if there are questions regarding your request.
Thank you again for contacting the City of Long Beach. You may track the status of your request here in My Request Center.
From: City Manager's Office
--- Please respond above this line ---
RE: Public Records Request Reference Number: C013300-122121
Dear Greg Buhl,
Thank you for submitting your request for public records. Occasionally, we experience a delay in searching for records. Consequently, pursuant to Ca. Govt. Code § 6253(c), the City of Long Beach is extending the time within which to identify responsive documents by fourteen (14) calendar days.
The City will make every effort to provide responsive records in a reasonable time. You will be notified by January 18, 2022 of the following:
* Whether the City has records responsive to your request and the page count and required payment, if applicable, to produce copies of such records, and/or
* Whether the City has records responsive to your request but which are exempt from disclosure under government code and the reason(s) for exemption.
If you have any questions, please call (562) 570-6680.
Thank you,
From: City Manager's Office
--- Please respond above this line ---
RE: Public Records Request Reference Number: C013300-122121
Dear Greg Buhl,
In response to your request for public records received on 12/21/2021 10:03:17 PM and tracked as PRA # C013300-122121, the City of Long Beach is withholding all existing records pursuant to Ca. Govt. Code § 6254(k) . Due to the fact that (1) you are not seeking Brady list information as discovery in a criminal matter and (2) peace officer personnel records and information obtained from such records are made confidential by Penal Code section 832.7(a), there are no records in our possession available under the California Public Records Act. Brady v. Maryland, 373 U.S. 83 (1963); Ass'n for Los Angeles Deputy Sheriffs v. Superior Ct., 8 Cal. 5th 28, 47, 447 P.3d 234, 246 (2019); Cal. Pen. Code § 832.7; Cal. Gov. Code § 6254(k). Please see official response from the Office of The City Prosecutor (attached).
PRA Request # C013300-122121 is now closed.
Thank you for contacting the City of Long Beach. If you have any questions, please call (562) 570-6680.
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