Today I received by registered mail a letter from Los Angeles Chief of Police William J. Bratton withholding the documentation that I requested under the California Public Records Act on 19 April. The text of this letter follows:
Quote:
May 4, 2004
George W. Maschke
Hart Nibbrigkade 22
2597 XV The Hague
The Netherlands
Dear Mr. Maschke:
California Public Records Act Request
This correspondence is prepared in response to your correspondence to the Los Angeles Police Department (the Department) dated April 19, 2004 which sets forth a request, pursuant to the California Public Records Act (the Act), for a copy of an audit and any associated documentation, prepared by Terry Carter, comparing reports sent by the Department's Scientific Investigation Division, Polygraph Unit to the Department's Personnel Division, Administrative Investigations Section.
The Department is cognizant of its responsibilities under the Act. It recognizes that the statutory scheme was enacted in order to maximize citizen access to the workings of government. However, the Act does not mandate disclosure of all documents within the government's possession. Rather, by specific exemption and reference to other statutes, the Act recognizes that there are boundaries where the public's right to access must be balanced against such weighty considerations as the right of privacy, a right of constitutional dimension under California Constitution, Article 1, Section 1. The law also exempts from disclosure records that are privileged or confidential or otherwise exempt under either express provisions of the Act or pursuant to applicable Federal or State law, per California Government Code Sections 6254(b); 6254(c); 6254(f); 6254(k); and 6255.
The Department has conducted a search for the audit described in your request. The audit is exempt from disclosure under Sections 6254(k) and 6255 of the Government Code. Section 6254(k) exempts records that are exempt from disclosure under federal or state law, including, but not limited to provisions of the Evidence Code relating to privilege. Evidence Code Section 1040 declares an official information privilege for information acquired in confidence by a public agency when the public interest in disclosing the information is outweighed by the public interest in keeping the information confidential. Similarly, the Department asserts Section 6255 of the Government Code based on this same need to retain confidentiality of said documents.
We appreciate this opportunity to assist you. If you have any questions regarding this matter, please contact Management Analyst David Lee at Discovery Section, at (213) 978-2152.
Very truly yours,
WILLIAM J. BRATTON
Chief of Police
[signed]
STUART A. MAISLIN, Commander
Commanding Officer
Risk Management Group
Note that Chief Bratton's letter provide no explanation of why he believes that "the public interest in disclosing the information is outweighed by the public interest in keeping the information confidential."
I will be exploring avenues of appealing Chief Bratton's decision to withhold the requested information. In the mean time, anyone who can provide any further documentation regarding the allegations against the LAPD Polygraph Unit supervisor is invited to
contact AntiPolygraph.org.
Pages: 
LAPD Polygraph Cover-up? (Read 71886 times)
