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![handle is hein.sag/sagca0071 and id is 1 raw text is: ATTORNEY GENERAL'S OPINIONS
Opinion No. 87-904-January 5, 1988
SUBJECT: RIGHT TO INSPECT CITIZENS' COMPLAINT FILE-A
city manager, an assistant city manager, and a citizens' review board have
a right to inspect citizens' complaints against city police officers on file
in the internal affairs division of the police department.
Requested by: MEMBER OF THE CALIFORNIA ASSEMBLY
Opinion by: JOHN K. VAN DE KAMP, Attorney General
Jack R. Winkler, Assistant Attorney General
The Honorable PeterR. Chacon, Member of the California Assembly, has
requested an opinion on the following question:
Does a city manager, an assistant city manager, or a citizens' review board
have a right to inspect citizens' complaints against city police officers on file
in the internal affairs division of the police department?
CONCLUSION
A city manager, an assistant city manager, and a citizens' review board
have a right to inspect and review citizens' complaints against city police of-
ficers on file in the internal affairs division of the police department when they
are authorized by charter provision, ordinance or regulation of the city to in-
vestigate such complaints or to advise, impose or review discipline of police
officers for misconduct alleged in such complaints but not if they are not so
authorized.
ANALYSIS
Section 832.5 of the Penal Code provides:
(a) Each department or agency in this state which employs
peace officers shall establish a procedure to investigate citizens' com-
plaints against the personnel of such departments or agencies, and
shall make a written description of the procedure available to the
public.
(b) Complaints and any reports or findings relating thereto shall
be retained for a period of at least five years.
Section 832.71 provides:
Peace officer personnel records and records maintained pur-
suant to Section 832.5, or information obtained from these records,
1 All references hereafter to the Penal Code are by section number only.
January 1988]1
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