DATE:
September 9, 2025
20
TO:
Board of Supervisors
SUBJECT
Title
SUPPORT FOR STATE ASSEMBLY BILL 847 - PEACE OFFICERS: CONFIDENTIALITY OF RECORDS (DISTRICTS: ALL)
Body
OVERVIEW
The State legislature has granted counties the authority to establish civilian oversight commissions to oversee sheriffs' departments. The State legislature has also given these commissions the ability to issue subpoenas when deemed necessary to investigate matters within their jurisdiction. However, while numerous counties, including the County of San Diego, have created these commissions, many are not able to perform meaningful oversight of law enforcement without access to confidential information.
Currently, state law explicitly allows grand juries, district attorneys, and the Attorney General's Office to access confidential officer personnel files when investigating conduct of officers, or an agency that employs those officers. Much like these entities, civilian oversight commissions are charged with reviewing complaints from residents, determining if misconduct investigations occurred in a timely manner, and evaluating if decisions about officer discipline were appropriate. State Assembly Bill 847 (AB 847), authored by Assembly Member Dr. LaShae Sharp-Collins, expands current state law to grant civilian oversight commissions and Inspectors General the same authority as other oversight entities to access misconduct files that are required to carry out their duties. Due to the privacy concerns of law enforcement officers, AB 847 also requires oversight boards to maintain the confidentiality of those records and authorizes them to conduct closed sessions, as specified, to review confidential records.
In 1990, San Diego County voters established the Citizens Law Enforcement Review Board (CLERB) pursuant to County Charter ? 606. CLERB has the power to subpoena and require attendance of witnesses and to administer oaths. However, CLERB has rarely, if ever, recommended imposition of discipline in response to a citizen complaint against San Diego County Sheriff's deputies due to the fact that CLERB has never had access to officer personnel files, which would provide guidance on the processes and discipline imposed by the Sheriff.
Only with the same access to confidential information as other oversight bodies will civilian oversight commissions, including CLERB, be able to provide the increased transparency into the policies and practices of police and sheriff departments that the public was promised with their creation.
Today's action recommends the Board of Supervisors adopt a position of support for AB 847, which would clarify the law to make sure civilian oversight commissions are able to access the files they need to hold officers accountable to those they are sworn to serve.
RECOMMENDATION(S)
VICE-CHAIR MONICA MONTGOMERY STEPPE
1. Direct the Chief Administrative Officer to express the County's support for State Assembly Bill 847, consistent with Board Policy M-2.
EQUITY IMPACT STATEMENT
Encouraging effective civilian oversight of law enforcement, including access to confidential misconduct files necessary to carry out oversight responsibilities, reflects the County's commitment to advancing equity, justice, and inclusivity. Strengthening oversight promotes fairness, increases transparency, and builds community trust, particularly among communities who have historically experienced disproportionate impacts from law enforcement practices. This action supports the County's vision of creating a safer, more equitable, and inclusive environment for all residents.
SUSTAINABILITY IMPACT STATEMENT
Encouraging effective civilian oversight of law enforcement supports the County of San Diego's ongoing commitment to advancing social sustainability by promoting fairness, accountability, and justice for all residents. Strengthening public trust through oversight helps ensure equitable treatment across communities, which aligns with the County's Live Well San Diego vision, and contributes to a safer, more resilient, and inclusive region.
FISCAL IMPACT
There is no fiscal impact associated with this recommendation. There will be no change in net
General Fund cost and no additional staff years.
BUSINESS IMPACT STATEMENT
N/A
Details
ADVISORY BOARD STATEMENT
N/A
BACKGROUND
The State legislature has granted counties the authority to establish civilian oversight commissions to oversee sheriff's departments, such as the County of San Diego Citizens Law Enforcement Review Board (CLERB). The State legislature has also given these commissions the ability to issue subpoenas when deemed necessary to investigate matters within their jurisdiction. However, while numerous counties have created these commissions, many are not able to perform meaningful oversight of law enforcement without access to confidential information.
Currently, state law explicitly allows grand juries, district attorneys, and the Attorney General's Office to access confidential officer personnel files when investigating conduct of officers, or an agency that employs those officers. Much like these entities, civilian oversight commissions are charged with reviewing complaints from residents, determining if misconduct investigations occurred in a timely manner, and evaluating if decisions about officer discipline were appropriate. State Assembly Bill 847 (AB 847), authored by Assembly Member Dr. LaShae Sharp-Collins, expands current state law to grant civilian oversight commissions and Inspectors General the same authority as other oversight entities to access misconduct files that are required to carry out their duties. Due to the privacy concerns of law enforcement officers, AB 847 also requires oversight boards to maintain the confidentiality of those records and authorizes them to conduct closed sessions, as specified, to review confidential records.
In 1990, San Diego County voters established the Citizens Law Enforcement Review Board (CLERB) pursuant to County Charter ? 606. CLERB has the power to subpoena and require attendance of witnesses and to administer oaths. However, CLERB has rarely, if ever, recommended imposition of discipline in response to a citizen complaint against San Diego County Sheriff's deputies due to the fact that CLERB has never had access to officer personnel files, which would provide guidance on the processes and discipline imposed by the Sheriff.
Only with the same access to confidential information as other oversight bodies will law enforcement oversight commissions, including CLERB, be able to provide the increased transparency into the policies and practices of police and sheriff departments that the public was promised with their creation. AB 847 is critical to assure the public that law enforcement leaders and officers are held accountable for misconduct, including ensuring personnel are timely and appropriately investigated and, where warranted, disciplined. Without the same access to confidential information as other oversight bodies, civilian oversight commissions are unable to do their jobs. AB 847 clarifies the law to make sure civilian oversight commissions are able to access the files they need to hold officers accountable to those they are sworn to serve.
LINKAGE TO THE COUNTY OF SAN DIEGO STRATEGIC PLAN
Today's proposed action aligns with the Empower and Justice Strategic Initiatives in the County of San Diego's 2025-2030 Strategic Plan by ensuring accountability and transparency in the justice system.
Respectfully submitted,
MONICA MONTGOMERY STEPPE
Supervisor, Fourth District
ATTACHMENT(S)
Attachment A: Letter of Support for Assembly Bill 847
SUBJECT:
SUPPORT FOR STATE ASSEMBLY BILL 847 - PEACE OFFICERS: CONFIDENTIALITY OF RECORDS (DISTRICTS: ALL)
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MONICA MONTGOMERY STEPPE
VICE CHAIR
SUPERVISOR, FOURTH DISTRICT
SAN DIEGO COUNTY BOARD OF SUPERVISORS
AGENDA ITEM
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