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Reason
Reason
Eugene Volokh

Sheriff Isn't County Employee, so County May Release Report Investigating Him

From Essick v. County of Sonoma, decided last Wednesday by the California Court of Appeal (Justice Jon Streeter, joined by Presiding Justice Stuart Pollak and Superior Court Judge Tara Desautels):

Following the submission to the County of Sonoma … of a harassment complaint against Mark Essick, the elected sheriff of the County, an independent investigator, Ms. Amy Oppenheimer, conducted an inquiry and prepared a written report. A local newspaper requested that the County release the complaint, the report, and various related documents … pursuant to the California Public Records Act …. Sheriff Essick … [argues, among other things, that] (1) the Oppenheimer Report should be classified as confidential under an exemption to the CPRA, either as a "peace officer[ ]" "personnel record[ ]" or because it constitutes a "report[ ] or findings" relating to a complaint by a member of the public against a peace officer …. We disagree ….

The court released a redacted version of the opinion, though it said an unredacted version will be sealed within a month; the redacted facts are so heavily redacted that I'm omitting them here, and focusing on the legal analysis:

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