It may be to early to tell whether LASD plans to take any action regarding your request. I would note, though, that the appropriate law under which to request the records you seek is the California Public Records Act, not the Privacy Act (which applies only to federal agencies).

When I filed a CPRA request for documentation regarding the LASD polygraph program back in 2001, the requested documents were sent to me seven days later.

treetop

It is beginning to look as if you passed the poly and became one of those "weeded out". Otherwise why are they not answering as I believe they are required to do?

You may have to file a civil lawsuit using the appropriate Public Records Venue. You can do this pro se and be sure to include the no answer charge. The court's juresprudence are tolerant of nonprofessionals. Also, be sure to ask for attorney fees and costs. Since you have to file the suit to get records, when you win they are required to pay these costs. I, also, believe it wouldn't be hard to get an attorney to take this.

Being in the mining business, I have taken on some powerful adversaries and won. However, in my spare time, I studied federal law for nearly five years and continue to do so. Your computer will get you into just about any law library. If you decide to do this, let me know. I think I can give you a pro se link.

treetop

Having never gone through LE application process, I can't give you first hand knowledge. The many posts that I have read on these boards indicates you will be, what I call, blacklisted which I, also, believe is unlawful.
Failed applicants, who have posted here will have to advise you on this subject.

If I were in your position, I would apply to another agency and if I was denied employment because of the past poly failure then I would file a Federal action. Federal courts are where the rubber meets the road. State courts seem to operate on the buddy system. State judges have to depend on votes to get their jobs, therefore they are deal makers. Let no one kid themsleves, they DO make political and other deals.

treetop,

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I don't think the California Public Records Act allows any state or local agency to make such an arbitrary rule.

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5 U.S.C. 552 (the Freedom of Information Act) does not apply to non-federal agencies. That LASD would cite it in denying your request suggests a disturbing degree of ignorance and/or ineptitude on the part of the person(s) who responded to your request.

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The above reference is to the CPRA. I think one could credibly argue that the kinds of questions asked in a polygraph test are not the kinds of questions envisaged by the language of the law, which seeks to protect tests of knowledge from public disclosure. Releasing your polygraph results to you would not enable you or anyone else to "cheat" on a polygraph examination.

And even if the polygraph questions asked of law enforcement applicants were deemed to be exempt from disclosure under the CPRA, there would be no basis for withholding all information regarding an applicant's polygraph examination (e.g., the polygrapher's report regarding the examination, including any admissions allegedly obtained, the applicant's score, and even the charts themselves, which typically do not include the questions asked).

I think you should appeal the LASD's decision to withhold the requested material. You might wish to get legal counsel to help you in doing this. I think Twoblock is right; you may well have to file a civil suit to force the LASD to comply with the law.