Finding the Facts - Disciplinary and Harassment Investigation

Because districts will likely be concerned about how to search and obtain public records that may reside in employees’ personal accounts, the Supreme Court issued guidance on this issue: districts only need to conduct reasonable searches; “extraordinarily extensive or intrusive searches” are not required. Villanova v. Innovative Investigations, Inc. 121 : Tracking Employees Driving Employer Vehicles Via GPS The New Jersey appellate court decided whether the use a Global Positioning System (GPS) invaded the right of privacy. The court held that that, as long as the car is not driven to a secluded location, there is no right of privacy. New Jersey law, like California’s, contains a constitutional right of privacy. However, tracking an individual’s driving with a GPS device no more invades that individual’s privacy than does simply observing or following him “or even taking his photograph while he is walking on a public highway since he is not then in seclusion and his appearance is public and open to the public eye.” Further, a person traveling in an automobile on public thoroughfares “has no reasonable expectation of privacy in his movements from one place to another.”  Retain a key or combination for each locker, desk or vehicle on district property and notify the employees of this fact. Make sure any lock on district property is owned and supplied by the employer and forbid employees to use their own locks.  Provide formal notice to employees they have no privacy interest in lockers, desks, vehicles the computer system and emails, documents and other information on that system, all of this is district property and may be searched without employee consent or knowledge and that refusal to permit such searches may result in discipline.  Prepare a written policy concerning searches and have each employee sign a written acknowledgment stating that the employee has received and read the written search policy.

2. G UIDELINES FOR C ONDUCTING W ORKPLACE S EARCHES :

 Secure a valid search warrant prior to conducting a search at the request of the police.

 Conduct searches in an evenhanded and nondiscriminatory manner.

California has specific statutory guidelines in this area with respect to police officers. Under California’s Public Safety Officers Procedural Bill of Rights Act, the district may not search an officer’s locker or personal storage space owned or leased by the district except in the officer’s presence, or with his or her consent, or unless a valid search warrant has been obtained, or where the officer has been notified in advance that a search will be conducted. 122 Almost the identical provision is found under the Firefighters Procedural Bill of Rights Act. 123 Accordingly the same standard applies to firefighters.

Disciplinary and Harassment Investigations ©2020 (e) Liebert Cassidy Whitmore 61