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TO: BOARD OF SUPERVISORS
Contra
FROM: C. E. Dixon, Interim County Administrator
Costa
DATE: March 28, 1984 CANinty
SUBJECT: Legislation: AB 3152 (Rogers)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position of support for AB 3152 (Rogers),
BACKGROUND:
Existing law requires a person seeking discovery or disclosure of information in a
peace officer's personnel records to file a written motion ten days in advance with
the agency having custody of the records. The motion must include affidavits showing
good cause for the discovery or disclosure, including why the records are material to
the subject matter of the pending litigation and stating the belief that the agency
identified has the records sought, °
W3152 by Assemblyman Rogers would, in addition, require when someone is alleging
improper or excessive actions by a peace officer to present affidavits which include
a factual statement of the circumstances under which the person was stopped or
arrested and what actions on the part of the peace officer were considered improper
or excessive.
Both the Personnel Director and County Counsel urge that the Board support AB 3152
since it will reduce the number of times personnel records must be pulled, and will
assist County Counsel in defending staff of the Sheriff's Office and other County
employees having peace officer status.
AB 3152 is currently on referral to the Assembly Committee on Criminal Law and
Public Safety.
CONTINUED ON ATTACHMENT; YES SIGNATURE: (l v�%�f'•�/`�/"'� '` /J`
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE f 1 •- OTHER
SIGNATURE(S)
ACTION OF BOARD ON Agri 1 3. 1984 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
X_ UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOQ8 V 18 J
County Administrator OF SUPERVISORS ON THE DATE SHOWN, v
CC: County Counsel ATTESTED
Personnel Director
Sheriff-Coroner J.R. LSSON, COUNTY CLERK
Legislative Delegation ; AND EX OFFICIO CLERK OF THE BOARD
9 , Assemblyman Rogers;
Assembly .Criminal Law
M382/7-63 CSAC BYDEPUTY