Opinion No. (2008)

EDMUND G. BROWN JR. Attorney General MARC J. NOLAN Deputy Attorney General THE HONORABLE ROD PACHECO, DISTRICT ATTORNEY, COUNTY OF RIVERSIDE, has requested an opinion on the following question: In response to a request made under the California Public Records Act for the names of peace officers involved in a critical incident, such as one in which lethal force was used, must a law enforcement agency disclose those names? CONCLUSION In response to a request made under the California Public Records Act for the names of peace officers involved in a critical incident, such as one in which lethal force was used, a law enforcement agency must disclose those names unless, on the facts of the particular case, the public interest served by not disclosing the names clearly outweighs the public interest served by disclosing the names. *Page 2 ANALYSIS This question arises at the intersection of two statutory schemes pertaining to the confidentiality — or not — of records maintained by law enforcement agencies. One set of statutes, collectively known as the California Public Records Act, provides generally that "every person has a right to inspect any public record," except as…