City of Richmond v. Superior Court

Penal Code section 832.7 provides that peace officer personnel records and records of investigations on citizens’ complaints are confidential. It provides that these records “. . . shall not be disclosed in any criminal or civil proceeding except by discovery pursuant to Sections 1043 and 1046 of the Evidence Code. . . .” The San Francisco Bay Guardian (the Guardian) newspaper seeks to obtain from the City of Richmond (Richmond) some information from these records, not pursuant to these Evidence Code sections, but under the provisions of the California Public Records Act, Government Code section 6250 et seq. (CPRA). The superior court, apparently relying upon Bradshaw v. City of Los Angeles (1990) 221 Cal.App.3d 908 [ 270 Cal.Rptr. 711 ] (Bradshaw), has adopted CPRA procedures and directed Richmond to turn over its records for in camera review. Although we disagree with the broad language used by Bradshaw , we conclude CPRA procedures are appropriate where, as here, the records are not sought in connection with a pending lawsuit. Pursuant to Penal Code section 832.7, however, much of what the Guardian seeks is confidential and need not be disclosed. We direct issuance of…