Principles for Public Safety Employment

The Supreme Court distinguished Sacramento Police Officers Assn. v. Venegas 361 on the grounds that the index cards maintained in that case “would be available to those responsible for disciplinary action.”

Even when a potentially adverse comment is only going in a line supervisor’s “daily log” or drop file. As a matter of best practices, a supervisor should aim for “no surprises” in an employee’s annual performance evaluation. Although it is highly impractical, if a line supervisor is keeping notes that are potentially adverse comments and not sharing them with the employee, he or she should ensure that decision makers do not have access to those notes.

LCW Practice Advisor

2. P UBLIC S AFETY E MPLOYEES H AVE THE R IGHT TO R EVIEW T HEIR P ERSONNEL R ECORDS Every employer shall, at reasonable times and at reasonable intervals, upon the request of a public safety employee, during usual business hours, with no loss of compensation to the employee, permit the employee to inspect personnel files that are used or have been used to determine that employee’s qualifications for employment, promotion, additional compensation, or termination or other disciplinary action. 362 McMahon v. City of Los Angeles 363

A police officer asserted that Government Code section 3306.5 gave him the right to review audiotapes, witness interview transcripts, surveillance notes, case notes, and other raw materials generated during an internal affairs investigation involving the officer. The California Court of Appeal held that Section 3306.5 could not reasonably require disclosure of the internal investigative materials that the Department does not use in making personnel determinations as the statute’s intent is to allow an officer to review specified files to ensure the accuracy of the documents contained therein. Barber v. California Department of Corrections and Rehabilitation 364 The Court of Appeal held that the Government Code section 3306.5 right to inspect the personnel file is only available to current employees. This right terminates on the effective date of the officer’s termination.

However, Government Code section 1031.1 provides that information provided by a former employer is confidential. Thus, information which is provided by former employers may properly be kept confidential and not disclosed to the officer. There is no similar provision regarding the confidentiality of references provided by non-employers.

Principles for Public Safety Employment ©2022 (s) Liebert Cassidy Whitmore 112