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 impos...
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