San Diego Sheriff Refusal to Release Deputies Resumes/Applications

A Public Records’ Request was submitted to the County of San Diego regarding the Sheriff Department Deputies stalking of private citizens and other violations of State and Federal Laws. The Sheriff’s response continues the Sheriff’s position that government servants are above the law. Part 1 of 4.

Request: Application/Resumes of San Diego Sheriff Deputies Alejandro Silva and Casey L. Calloway.

Response: “In response to your request for complaints and accommodations, your request is denied pursuant to Government Code section 6254(k), incorporating Penal Code section 832.7(a), 832.5, and 832.8.“

Government Code section 6254(k) “Records, the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege.”

This does not apply as there is nothing ‘privileged’ about an government employee application. The Public has the right to every application submitted for any elected and appointed government position to ensure the best candidate was hired.

The County also lists three provisions from the California Penal Code as an excuse to Violate State Laws and withhold Public Records. The Penal Code Laws were created to prevent a cop’s record from being used against them in a criminal or civil court case, but not to protect them from the Public:

California Penal Code 832.7(a) , “Except as provided in subdivision (b), the personnel records of peace officers and custodial officers and records maintained by any state or local agency pursuant to Section 832.5, or information obtained from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery pursuant to Sections 1043 and 1046 of the Evidence Code. This section shall not apply to investigations or proceedings concerning the conduct of peace officers or custodial officers, or an agency or department that employs those officers, conducted by a grand jury, a district attorney’s office, or the Attorney General’s office.”

“Penal Code section 832.5: (a) (1) Each department or agency in this state that employs peace officers shall establish a procedure to investigate complaints by members of the public against the personnel of these departments or agencies, and shall make a written description of the procedure available to the public.”

Yes - the Sheriff’s Department should have a procedure to investigate complaints, but what San Diego County did not cite is California Penal Code 832.5(b):

“Complaints and any reports or findings relating to these complaints shall be retained for a period of at least five years. All complaints retained pursuant to this subdivision may be maintained either in the peace or custodial officer’s general personnel file or in a separate file designated by the department or agency as provided by department or agency policy, in accordance with all applicable requirements of law.”

(1) “General personnel file” means the file maintained by the agency containing the primary records specific to each peace or custodial officer’s employment, including evaluations, assignments, status changes, and imposed discipline.

So no, the law cited by the San Diego County Sheriff does not apply to the Public Records Request submitted and only further exasperates the Sheriff’s repeated position that their government agency are above the law.

And since the Sheriff likes the Penal Code; I would also like to see “Complaints and any reports or findings relating to these complaints shall be retained for a period of at least five years” per California Penal Code 832.5(b).