Is a Police Officer's Administrative Suspension a Matter of Public Record
This concerns the State of California.
Recently, a citizen published a video showing numerous officers assaulting an unarmed man they were arresting. I asked the PD if the officers had been placed on paid administrative leave. He said that information was a personnel matter and, therefore, confidential.
Is this correct? Where would I look for this law?
Thank you.
Re: Does the Public Have a Right to Know if Police Have Been Placed on Paid Admin Lea
The authority to withhold peace officer personnel information is found in Section 832.7 of the California Penal Code and Section 6254(c) of the Government Code which exempts public employee personnel records from public disclosure under the State's Public Records Act.
Re: Does the Public Have a Right to Know if Police Have Been Placed on Paid Admin Lea
I saw the subject heading of this thread and knew immediately who the poster was, without even looking. I was right.
Re: Is a Police Officer's Administrative Suspension a Matter of Public Record
Quote:
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huntsab
This concerns the State of California.
Recently, a citizen published a video showing numerous officers assaulting an unarmed man they were arresting. I asked the PD if the officers had been placed on paid administrative leave. He said that information was a personnel matter and, therefore, confidential.
Is this correct? Where would I look for this law?
Thank you.
Yes, it IS correct as L-1 has provided.
I am curious about this video. One man's "assault" is another man's "justified use of force." All because YOU might think it to be assault does not mean it was. And video too often fails to show the whole story or the context of the event - hence the problem of relying solely on video to render a judgement.
Re: Is a Police Officer's Administrative Suspension a Matter of Public Record
Often, the public is told when police are placed on paid administrative leave. Why is this different?
Re: Is a Police Officer's Administrative Suspension a Matter of Public Record
Quote:
Quoting
huntsab
Often, the public is told when police are placed on paid administrative leave. Why is this different?
It is possible that with so many police officers being gunned down lately, some departments are choosing to keep everything close to the vest.
Re: Is a Police Officer's Administrative Suspension a Matter of Public Record
Fear of retaliation? I didn't ask for names.
Re: Is a Police Officer's Administrative Suspension a Matter of Public Record
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Quoting
huntsab
Fear of retaliation? I didn't ask for names.
Then who knows? You can certainly ask them why but at the end of the day, they are not legally required to divulge the names.
Re: Is a Police Officer's Administrative Suspension a Matter of Public Record
No one here can say why the agency chose not to state whether officers were on Admin leave or not. Such things are personnel matters and the agency may choose to decline to say on that basis. If you disagree with their assessment, you are free to hire an attorney and sue to force them to divulge the status or not. Though, that's an expensive option just to find out if an officer is on Admin leave or not.
Re: Is a Police Officer's Administrative Suspension a Matter of Public Record
Because of the expense it is not an option for most ordinary citizens and small news outlets.
What we have is a secret investigation of secret police.
That's not going to work...