Gates, letter, 1991-04-17, to Spiegel |
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FEB-15- .i. ·;91 23: 18 FROM G ' MELl.lENY & MYERS L. A . TO 68?37ta2
213Z670e7!:# l/ Z
LOS ANGELES POLICE DEPARTMENT
DAAYL F. GATIS
Chief of Pol ICt
April 17, 1991
John Spiegel
lndependcnt Commission
400 South Hope Street
Suite l.910
TOM llUJ>LIY
MM(or
Los An~eles, California 90071
Re: Access ~o Peace Officer Personnel Records
Dear Mr. Spiegel:
P. o. a •• ao1sa
Los An11flcs . Coli f. ~~30
T elc~'UJl"lt~
ZlJ/485-3202
llttfls l .1
Per our phon~ conversation, l understand that the Christopher
Corcrni~~ion seeks access to various peace officer personnel
record~ in ccnjunction with it~ inquiry into the Rodney Kina
incident and related m•tter• involving the Los Anqeles Police
Department.
The Department is Com:tli~~Ad to providing tha Cotarni£~ion ~ith all
i~fo.nnation necessary to its inquiry. As; you m~y be aware, peace
officer personnel reoorde are oxpreesiy dGQlDOC c~n£~d.cnti'l by
law. Penal Code Sec. $32.7; 832-8; Evidence Coda $QC. 1043-1045;
see G~vernmcnt Cod~ S~e. 6254, ou.bd.(c). The oompoei~~cnr
a-..tnc.ri t.y and mission of the Christopher Commission appears to
paL~it disclosure to tne CQt'nmis~ion staff while maintainin9 thQ
contlOentiality intended by these statutes. In addition, a
r~cent. court <.teclslon penn1ts a law enforcemttnt e19~n~y t.o ~llow
inspecti~n ot such recorQs without a court order where, ~3 her~,
C1tcurns~ances so warrant. ~ee, e.g. Dradshaw v. c1ty of
Los Angeles (1990) i21 cal.App.J~ 908.
However, it is critical ~ha~ all persons with culpahility ir. the
~odney King incident be helQ responsible in the appropriate
forum~ For this reason, the City Attorney's Office has advised
that poeen~1al compromise tQ ongoing criminal and administrative
~roceedlngs shoul~ ~e considered in ~ny public disclosure of
ma~~ers surrounding the in~ident. Crir.1inal charge£ now pano1n9
against four police officers fur~her requiree eonsideration of
the imPact upo~ these of!icers' constitutional ~ i ght~ in any
public di~clo~ure of thei• emp~oyment history. U.S. Const.,
rourteenth Arnendm$nt; Cal. Const., Articlo 1, Soc. 15, 16.
FEE-15-1991 23:1s FROM J'MELVENY & MYERS L.A.
John Spie9el
Pa.oe 2
1.1
TO 6873702 P.03
••••w·· "'-' ' •••
Tl1e Department has also ~een cautioned that pUl>lio disclcaure of
adverse personnel information involving eivilian employees has on
W1t l~aat one occasion sUPported an action for defamation (Neau
v. Re2en~s of ~he un1yers1ty of eal1forn1a (l,86) 185 Cal.App.~a
1136): California courts have also disapproved public disclosure
of unprov~n claims of ptml1e employee miscon~~ct. American
Federation of s~ate ete. ees . Re ents of the Universi~
o Cali ornia t~9 ) 8 Ca .App. • n sum, w ~ e
reoognizir.9 th~ public's ccmpellinQ riqht to a full and thorough
inquiry by the ccmmi~~ion, wa ask that the Commission carefully
balance the above privacy oon~idQrations in any written findings
and report~ made available to tho general p1J.Olic.
~gain, let me assure you of the Los l.nqeles Police Department's
full and complete =ooper&~ion in thic mattar. Please feel free
to contact me fer assistance in obtaining access to the records,
or tor any further aesistanoe you may require.
Very truly your~,
DARYL F. GATES
--Chief of Po~
<f<J_ L:::J~
C. F. "RICK" DlNSi
Convnander
Off iee of the Chief of Police
TOTAL P.03
Object Description
| Title | LAPD correspondence, 1991 Apr. |
| Description | Los Angeles Police Department correspondence, 1991 April 17-29. PART OF A SERIES: Materials in the series fall into one of several categories related to the Independent Commission's work product: (1) Commission meeting materials, which include meeting agendas, work plans, memoranda, and articles about police misconduct that were circulated and reviewed during the Commission's internal meetings; (2) public correspondence, which includes citizen complaints against the LAPD in the form of written testimony, articles, and an audio cassette tape, as well as letters drafted by citizens in support of the LAPD; (3) summaries of interviews held with LAPD officers regarding Departmental procedures and relations; (4) public meeting materials, which include transcripts, supplementary documents, and witness statements that were reviewed at the Commission's public meetings; (5) press releases related to the formation and work product of the Commission; and (6) miscellaneous materials reviewed by the Commission during its study, including LAPD personnel and training manuals, a memorandum of understanding, and messages from the LAPD's Mobile Digital Terminal (MDT) system. |
| Coverage date | 1991-04-17/1991-04-29 |
| Publisher (of the digital version) | University of Southern California |
| Date created | 1991-04-17/1991-04-29 |
| Type | texts |
| Format | 21 p. |
| Format (aat) |
correspondence faxes mailing lists memorandums |
| Format (imt) | application/pdf |
| Language | English |
| Contributing entity | University of Southern California |
| Part of collection | Independent Commission on the Los Angeles Police Department, 1991 |
| Series | Independent Commission File List |
| File | Correspondence |
| Box and folder | box 24, folder 12 |
| Provenance | The collection was given to the University of Southern California on July 31, 1991. |
| Rights | This work is licensed under a Creative Commons Attribution 4.0 International License. https://creativecommons.org/licenses/by/4.0/ All requests for permission to publish or quote from manuscripts must be submitted in writing to the Manuscripts Librarian. Permission for publication is given on behalf of Special Collections as the owner of the physical items and is not intended to include or imply permission of the copyright holder, which must also be obtained. |
| Physical access | Contact: Special Collections, Doheny Memorial Library, Libraries, University of Southern California, Los Angeles, CA 90089-0189; specol@dots.usc.edu |
| Repository name | USC Libraries Special Collections |
| Repository address | Doheny Memorial Library, Los Angeles, CA 90089-0189 |
| Repository email | specol@dots.usc.edu |
| Filename | indep-box24-12 |
Description
| Title | Gates, letter, 1991-04-17, to Spiegel |
| Description | Letter re: access to peace officer personnel records - from: Daryl F Gates; to: John Spiegel |
| Coverage date | 1991-04-17 |
| Date created | 1991-04-17 |
| Type | texts |
| Format | 2 p. |
| Format (aat) | correspondence |
| Format (imt) | application/pdf |
| Contributing entity | University of Southern California |
| Series | Independent Commission File List |
| File | Correspondence |
| Box and folder | box 24, folder 12, item 1 |
| Physical access | Contact: Special Collections, Doheny Memorial Library, Libraries, University of Southern California, Los Angeles, CA 90089-0189; specol@dots.usc.edu |
| Full text |
FEB-15- .i. ·;91 23: 18 FROM G ' MELl.lENY & MYERS L. A . TO 68?37ta2
213Z670e7!:# l/ Z
LOS ANGELES POLICE DEPARTMENT
DAAYL F. GATIS
Chief of Pol ICt
April 17, 1991
John Spiegel
lndependcnt Commission
400 South Hope Street
Suite l.910
TOM llUJ>LIY
MM(or
Los An~eles, California 90071
Re: Access ~o Peace Officer Personnel Records
Dear Mr. Spiegel:
P. o. a •• ao1sa
Los An11flcs . Coli f. ~~30
T elc~'UJl"lt~
ZlJ/485-3202
llttfls l .1
Per our phon~ conversation, l understand that the Christopher
Corcrni~~ion seeks access to various peace officer personnel
record~ in ccnjunction with it~ inquiry into the Rodney Kina
incident and related m•tter• involving the Los Anqeles Police
Department.
The Department is Com:tli~~Ad to providing tha Cotarni£~ion ~ith all
i~fo.nnation necessary to its inquiry. As; you m~y be aware, peace
officer personnel reoorde are oxpreesiy dGQlDOC c~n£~d.cnti'l by
law. Penal Code Sec. $32.7; 832-8; Evidence Coda $QC. 1043-1045;
see G~vernmcnt Cod~ S~e. 6254, ou.bd.(c). The oompoei~~cnr
a-..tnc.ri t.y and mission of the Christopher Commission appears to
paL~it disclosure to tne CQt'nmis~ion staff while maintainin9 thQ
contlOentiality intended by these statutes. In addition, a
r~cent. court <.teclslon penn1ts a law enforcemttnt e19~n~y t.o ~llow
inspecti~n ot such recorQs without a court order where, ~3 her~,
C1tcurns~ances so warrant. ~ee, e.g. Dradshaw v. c1ty of
Los Angeles (1990) i21 cal.App.J~ 908.
However, it is critical ~ha~ all persons with culpahility ir. the
~odney King incident be helQ responsible in the appropriate
forum~ For this reason, the City Attorney's Office has advised
that poeen~1al compromise tQ ongoing criminal and administrative
~roceedlngs shoul~ ~e considered in ~ny public disclosure of
ma~~ers surrounding the in~ident. Crir.1inal charge£ now pano1n9
against four police officers fur~her requiree eonsideration of
the imPact upo~ these of!icers' constitutional ~ i ght~ in any
public di~clo~ure of thei• emp~oyment history. U.S. Const.,
rourteenth Arnendm$nt; Cal. Const., Articlo 1, Soc. 15, 16.
FEE-15-1991 23:1s FROM J'MELVENY & MYERS L.A.
John Spie9el
Pa.oe 2
1.1
TO 6873702 P.03
••••w·· "'-' ' •••
Tl1e Department has also ~een cautioned that pUl>lio disclcaure of
adverse personnel information involving eivilian employees has on
W1t l~aat one occasion sUPported an action for defamation (Neau
v. Re2en~s of ~he un1yers1ty of eal1forn1a (l,86) 185 Cal.App.~a
1136): California courts have also disapproved public disclosure
of unprov~n claims of ptml1e employee miscon~~ct. American
Federation of s~ate ete. ees . Re ents of the Universi~
o Cali ornia t~9 ) 8 Ca .App. • n sum, w ~ e
reoognizir.9 th~ public's ccmpellinQ riqht to a full and thorough
inquiry by the ccmmi~~ion, wa ask that the Commission carefully
balance the above privacy oon~idQrations in any written findings
and report~ made available to tho general p1J.Olic.
~gain, let me assure you of the Los l.nqeles Police Department's
full and complete =ooper&~ion in thic mattar. Please feel free
to contact me fer assistance in obtaining access to the records,
or tor any further aesistanoe you may require.
Very truly your~,
DARYL F. GATES
--Chief of Po~
|
| Filename | indep-box24-12-01.pdf |
| Archival file | Volume81/indep-box24-12-01.pdf |
