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  1. #1
    Join Date
    Sep 2009
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    Brawley, CA 92227
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    288

    Default 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.

  2. #2
    Join Date
    Mar 2013
    Posts
    1,279

    Default 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.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default 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.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Is a Police Officer's Administrative Suspension a Matter of Public Record

    Quote Quoting huntsab
    View Post
    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.

  5. #5
    Join Date
    Sep 2009
    Location
    Brawley, CA 92227
    Posts
    288

    Default 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?

  6. #6
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Is a Police Officer's Administrative Suspension a Matter of Public Record

    Quote Quoting huntsab
    View Post
    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.

  7. #7
    Join Date
    Sep 2009
    Location
    Brawley, CA 92227
    Posts
    288

    Default Re: Is a Police Officer's Administrative Suspension a Matter of Public Record

    Fear of retaliation? I didn't ask for names.

  8. #8
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Is a Police Officer's Administrative Suspension a Matter of Public Record

    Quote Quoting huntsab
    View Post
    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.

  9. #9
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default 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.

  10. #10
    Join Date
    Sep 2009
    Location
    Brawley, CA 92227
    Posts
    288

    Default 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...

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