Over the last few months, the Santa Barbara News-Press has published a number of articles by Peter Lance and other News-Press reporters concerning the Santa Barbara Police Department and officer Kasi Beutel, who was the arresting officer involved in a criminal matter involving Lance. Several serious allegations concerning officer Beutel and the Police Department have been made by the paper, understandably leading to some residents contacting my office asking for more details and for a response from City Hall.
I appreciate and share the frustration many people have expressed to me that we have not responded to these allegations in detail either in a public statement or at a City Council hearing. On the surface, it appears easy to just explain, confirm or refute the allegations made to date. Unfortunately, this is not the case, and in fact, responding to these allegations in detail will take time and doing so could prematurely and improperly have serious negative ramifications to current court proceedings and even result in a violation of state and federal laws.
Still, I believe it necessary for me to at least give you a better idea of the constraints my office and the City Council are under, rather than stay completely silent on the issue. While I cannot comment on the details regarding officer Beutel and other allegations made by Lance, you at least deserve an explanation as to why.
First, there are the continuing criminal court proceedings regarding Lance that have been reported in a number of news publications. The judicial process must be able to move forward without obstructions or any perceived influence from City Hall. The city has and will continue to respond to requests from the court and District Attorney’s Office on this and all cases that involve an arrest by a Santa Barbara police officer and will continue to cooperate fully with all court proceedings.
Second, commenting on officer Beutel’s workers’ compensation claim — or anyone’s for that matter — would be both a violation of the federal Health Insurance Portability and Accountability Act (HIPAA), which specifically prohibits public disclosure of anyone’s protected health information, and California’s State Workers’ Compensation privacy laws. In addition, ignoring or violating the workers’ compensation process could result in a state Labor Code Section 132(a) claim, which prohibits employers from discriminating and retaliating against injured employees who pursue workers’ compensation benefits.
Third, there is the California Government Code Sections 3300-3311, commonly referred to as the “Public Safety Officer’s Bill of Rights.” This Bill of Rights, along with Penal Code Section 832.7, which make police officer personnel files strictly confidential, are very specific in how a city must protect and respect police officers’ personnel and procedural privacy personal rights, as well as on the required proceedings in the case of any investigation regarding a police officer. Violation of the Bill of Rights by the city could result in misdemeanor charges, which could include civil penalties of up to $25,000 for each violation being imposed against the city, as well as liability for actual damages.
Finally, some of the articles over the last few months have also questioned some police department policies and practices, such as the lack of cameras in all patrol cars. I can share with you at this time that the SBPD and city administrator’s office have been reviewing specific recording and storage technology options, the budget implications of placing this equipment in all patrol cars and potential one-time grant funding opportunities. The council will begin looking into the financial implications on purchasing and installing such equipment at the budget work session, scheduled for Oct. 6.
I hope this information sheds some light on these important issues. Most importantly, I want Santa Barbarans to know that everyone at City Hall and the Police Department continues our strong commitment to your public safety. Providing a safe city is the core foundation where every other service and program builds to its best potential.
Helene Schneider
Santa Barbara mayor
