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Transparency and Data page
- CA PUBLIC RECORDS ACT
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- USE OF FORCE
- STOP DATA
- FLOCK SAFETY
- VULNERABLE COMMUNITIES
MAKE A REQUEST UNDER THE CPRA VIEW 2022 REQUESTS
The California Public Records Act
The Town of Los Gatos is cognizant of its responsibilities under the Public Records Act. It recognizes the statutory scheme was enacted to maximize citizen access to the workings of government. The Public Records Act does not mandate disclosure of all documents within the government’s possession. Rather, by specific exemption and reference to other statutes, the Public Records 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 allows for nondisclosure of records that are otherwise exempt under either express provisions of the Public Records Act or pursuant to applicable federal or state law, per California Government Code Sections 6254(a); 6254(b); 6254(c); 6254(f); 6254(k); and 6255.
Accessing Public Records
There are two ways to gain access under the PRA to a public record: (1) inspecting the record at the local agency’s offices or on the local agency’s website; or (2) obtaining a copy from the local agency. Public records are open to inspection at all times during the office hours of the local agency and every person has a right to inspect any public record. This does not mean that a requester has a right to demand to see a record and immediately gain access to it. The right to inspect is constrained by an implied rule of reason to protect records against theft, mutilation, or accidental damage; prevent interference with the orderly functioning of the office; and generally avoid chaos in record archives (Bruce v. Gregory (1967) 65 Cal.2d 666, 676; Rosenthal v. Hansen (1973) 34 Cal.App.3d 754, 761; 64 Ops.Cal.Atty.Gen. 317 (1981).
Requesting Public Records
A public records request must reasonably describe an identifiable record or records. It must be focused, specific, and reasonably clear, so that the agency can decipher what record or records are being sought. A request that is so open-ended that it amounts to asking for all of a department’s files is not reasonable. If a request is not clear or is overly broad, the local agency has a duty to assist the requester in reformulating the request to make it clearer or less broad.
A request does not need to precisely identify the record or records being sought. For example, a requester may not know the exact date of a record or its title or author, but if the request is descriptive enough for the local agency to understand which records fall within its scope, the request is reasonable.
After conducting a reasonable search for requested records, a response will be provided to inform if the agency will (1) disclose the record; (2) withhold the record; (3) disclose the record in redacted form; or (4) no responsive documents were located. If the record is withheld in its entirety or provided to the requester in redacted form, the department will state the legal basis under the PRA for its decision not to comply fully with the request.
A local agency has no duty to create a record that does not exist at the time of the request (Gov. Code, § 6252, subd. (e); Haynie v. Superior Court (2001) 26 Cal.4th 1061, 1075).
Disclosure to Victims, Authorized Representatives, Insurance Carriers Except where disclosure would endanger the successful completion of an investigation or a related investigation, or endanger the safety of a witness, certain information relating to specific listed crimes must be disclosed upon request to: A victim; The victim’s authorized representative; An insurance carrier against which a claim has been or might be made; or Any person suffering bodily injury, or property damage or loss. The type of crimes listed in this subsection to which this requirement applies include arson, burglary, fire, explosion, larceny, robbery, carjacking, vandalism, vehicle theft, or a crime defined by statute. The type of information that must be disclosed under this section (except where it endangers safety of witnesses or the investigation itself) includes: Name and address of persons involved in or witnesses to incident (other than confidential informants); Description of property involved; Date, time, and location of incident; All diagrams; Statements of parties to incident; and Statements of all witnesses (other than confidential informants).The department does require identification for a victim or authorized representative to obtain information disclosable to victims, the local agency must, at a minimum, accept a current driver’s license or identification card issued by any state in the United States, a current passport issued by the United States or a foreign government with which the United States has a diplomatic relationship, or a current Matricula Consular card.
The Vehicle Code addresses the release of traffic accident information. A law enforcement agency to whom an accident was reported is required to disclose the entire contents of a traffic accident report to persons who have a “proper interest” in the information, including, but not limited to, the driver(s) involved in the accident, or the authorized representative, guardian, or conservator of the driver(s) involved; the parent of a minor driver; any named injured person; the owners of vehicles or property damaged by the accident; persons who may incur liability as a result of the accident; and any attorney who declares under penalty of perjury that he or she represents any of the persons described above.
The Los Gatos-Monte Sereno Police Department has begun capturing statistical data on calls for service that involve mental health.
While it is seemingly straightforward to count incidents where there is an acute mental health crisis, it is much more complicated to aggregate mental health involvement in the variety of other calls we receive for several reasons.
Oftentimes, mental health can be an underlying factor, but the police response may be for a separate matter. Mental health can be a contributing factor to family arguments, domestic violence, narcotics use, and many other situations. Also, responses to group homes and medical facilities who serve as mental health care providers may skew the data.
MENTAL HEALTH HOLDS
Under California law, only designated professional personnel can place a person on an involuntary mental health hold. They can be police officers, members of a mobile crisis team, or a physician. In 2022, the Los Gatos Monte Sereno Police Department placed the following numbers of mental health holds:
Police officers all attend the Basic Police Academy and are required to continue their professional development by staying in compliance with Peace Officer Standards and Training (POST) requirements, legal mandates, and internal policy. Officers also review daily training bulletins and receive briefing trainings.
Advanced Officer Training (AOT) occurs three times a year and consists of of 8-hour dedicated training days. AOT covers mandated perishable skills training, including but not limited to: firearms qualifications, arrest and control techniques, first-aid CPR, tactical communication, de-escalation and force options. AOT also covers Continued Professional Training (CPT), such as fair and impartial policing, cultural awareness training, active shooter training, and legal updates.
- Additional Training
- Hate Crimes and Investigations
- Elder and Dependent Abuse
- Fair and Impartial Policing
- Emotional Survival
- Legal Update
These records relating to the report, investigation, or findings are being released by the Los Gatos-Monte Sereno Police Department pursuant to SB 1421. As a preliminary matter, SB1421 authorizes the agency to redact the information contained within these documents to remove personally identifying information; to preserve the anonymity of complainants and witnesses; to protect confidential medical, financial, or other information of which disclosure is specifically prohibited by federal law or would cause an unwarranted invasion of personal privacy that clearly outweighs the strong public interest; where there is a specific, articulable, and particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of the peace officer, custodial officer, or another person; or other circumstances not listed above, where, on the facts of the particular case, the public interest served by not disclosing the information clearly outweighs the public interest served by disclosure of the information.
Reportable Uses of Force in 2021: 0 (updated 8/1/2022)
Reportable Uses of Force in 2021: 0
Reportable Uses of Force in 2020: 0
Reportable Uses of Force in 2019: 1
Racial and Identity Profiling Act (RIPA) Data
Beginning on July 1, 2018, law enforcement agencies in California, starting with the eight largest “Tier One Agencies,” began collecting police stop data in compliance with Assembly Bill (AB) 953 (Racial and Identity Profiling Act - https://oag.ca.gov/ab953). Data is collected on stops of people who were arrested, detained, or searched, including consensual searches.
- The Los Gatos-Monte Sereno Police Department began collecting data on January 1, 2022 by legal mandate.
- The California Department of Justice (DOJ) began accepting collected data from the Los Gatos-Monte Sereno Police Department
- The California State Department of Justice (DOJ) will provide the first annual report of RIPA data by April 1, 2023.
The Police Department has diligently worked to comply with the stringent reporting requirements of AB953. The department acquired an application-based reporting system with built in controls that ensure accurate reporting and efficiency in data collection.
The Los Gatos-Monte Sereno Police Department recognizes the need to build and maintain community trust by being transparent with race, age, and gender-based factors – and how those factors intersect with law enforcement contact. There are two parallel data sets to consider; the first consists of data that is disclosed when a subject is arrested or cited. The second is based on an officer’s perception.
In compliance with the Racial and Identity Profiling Act (AB 953), each individual officer is required to report extensive data points on their perceptions after each detention.
In line with 21st Century Policing Recommendations, Los Gatos-Monte Sereno Police Department has taken an innovative step to use technology as another tool to help prevent and solve crimes. We have partnered with Flock Safety to install 15 automated license plate reading (ALPR) cameras in strategic locations around the Town of Los Gatos and City of Monte Sereno to provide the vehicle and license plate evidence needed to help solve crimes.
Nationwide, communities are attempting to manage and resolve challenges associated with unhoused populations. The issues associated with adjudicating and implementing plans for these challenges are multifaceted. Underlying factors facing the unhoused populations have been identified as mental health, and drug and alcohol abuse, while legislation and a paucity of services to solve these challenges prevent adequate conclusive efforts. Over time, mental health and substance abuse treatment programs have been reduced or eliminated. Additionally, court decisions and legislation have changed the extent of enforcement or accountability government agencies can be a part of applying.
The Town of Los Gatos also has a community of unhoused permanent and transitory residents and is actively pursuing programs and services to assist all community members. A partnership between the Town of Los Gatos and an interfaith group and West Valley Community Services has been established to provide goods and services from charitable organizations. Behavioral Health Services also provides support and mobile crisis teams to evaluate mental health related matters and can be reached through the new 9-8-8 communication system. The Los Gatos-Monte Sereno Police Department (LGMSPD) has Police Officers visit with the unhoused population frequently to assess if services or goods need to be provided. During these visits, officers are able encourage some people to seek mental health or substance abuse treatment and provide conflict resolution. The LGMSPD police officers are committed to serving and protecting all residents and visitors to the Town of Los Gatos.
Anyone that has a concern about the welfare, or behavior of any person, should call 9-1-1 or the Los Gatos-Monte Sereno Police at (408) 354-8600. Additionally, the new national 9-8-8 number is a 24/7 crisis support line can be used to request a crisis response team to respond to a mental health emergency.