Dear Mr. Rubins,
The City is reviewing its disciplinary files and has located two files related to complaints of and investigations into allegations of sexual harassment, sexual discrimination or sexual assault.
The matters were not sustained and/or not substantiated for violations of the City’s discrimination and harassment policies. One of the matters go back beyond the five years set forth in the scope of your request. The matters do not involve high-ranking public officials, nor employees entrusted with special trust and responsibility.
In light of constitutional right of privacy mandates and the public interest against disclosure of “trivial or groundless” charges, the City is withholding these records. (Gov. Code § 6255; American Federation of State etc. Employees v. Regents of University of California (1978) 80 Cal.App.3d 913, 918.)
The City is continuing to search for, collect, and review records responsive to this request. The City expects to produce disclosable records subject to any applicable exemptions, if any, by the next production date of 9/30/19. If the City is able to make records available prior to this, we will do so. Likewise, if additional time will be needed to complete the review and redaction of the responsive documentation, we will so notify you in writing.
Thank you very much for your cooperation.
for BEST BEST & KRIEGER LLP