Gutierrez, Mitchell John

Mitchell John Gutierrez

San Jose Police Department

201 West Mission Street

San Jose, California 95110

408 277 8900

http://www.sjpd.org

Notice of Brady Disclosure Record Status for Mitchell Gutierrez

At this time, there are no records of previously disclosed Brady material available for Mitchell Gutierrez. This should not be interpreted as a conclusive determination regarding Mitchell Gutierrez’s conduct, credibility, professional history, or performance. The presence of a profile on this platform is non-punitive and should not, by itself, be understood as an allegation, finding, or adverse determination.

The absence of disclosed material is also affected by institutional limitations. San Jose Police Department is not in compliance with its Brady disclosure obligations, and California does not maintain a functioning system for the tracking, verification, and disclosure of Brady-related information.

For a more complete assessment of Mitchell Gutierrez’s record, inquiries should be directed to San Jose Police Department, any prior employers, relevant prosecuting agencies, and other official custodians of personnel, disciplinary, and Brady disclosure records. Contact information is provided below.

California Public Records Act

§ 6250-6268

The California Public Records Act is a series of laws meant to guarantee that the public has access to public records of governmental bodies in California. In December of 2011, a Superior Court judge ruled that the California Assembly must also disclose budget records of individual lawmakers, after some California newspapers filed a lawsuit accusing legislators of flouting the state’s open records laws.

Public records in the California Public Records Act are defined as “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.” There is a separate category of “purely personal information” that, although it may be in the custody of a government agency, does not fall under the act. Statute 6255 states a catch all exemption, “The agency shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of this chapter or that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.”

Anyone can request public documents in California, and a purpose does not have to be stated. The California Public Records Act does not regulate the use of records obtained from public agencies. One should allow 10 days for an agency to comply with a records request.

Gutierrez, Mitchell John

Notice of Brady Disclosure Record Status for Mitchell Gutierrez

California

Peace OfficerBill of Rights

California Public Records Act

Peace Officer
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