Principles for Public Safety Employment

3. R EQUESTS TO C ORRECT “I NACCURATE I NFORMATION ” If a public safety employee believes that any portion of his or her personnel file is mistakenly or unlawfully placed in the file, the employee may request, in writing, that the mistaken or unlawful portion be corrected or deleted. Any request shall include a statement by the employee describing the corrections or deletions from the personnel file requested and the reasons supporting those corrections or deletions. Said statement shall become a part of the file. 365 The employer shall respond within 30 days and indicate to the employee whether the request will be granted. If the request is denied, the reasons for the denial shall be set forth in writing and included in the personnel file. 366 4. R ETENTION OF P ERSONNEL R ECORDS With legislative approval and the written consent of the agency’s attorney, the department may destroy personnel records which are more than two years old. 367 The decision to retain records beyond two years is one that lies within the discretion of each individual agency. On the one hand, defense attorneys tend to discourage the retention of records beyond the minimum retention period. Such records are potentially discoverable and can negatively impact the outcome of certain types of civil litigation. On the other hand, employment attorneys tend to encourage the retention of records beyond the minimum retention period. The records are useful to demonstrate, for example, that principles of progressive discipline have been applied. However, all complaints by members of the public, including those already in the agency’s possession, must be retained for no less than five (5) years. 368 If a public complaint is found to be frivolous, unfound, or exonerated, then the agency is not to place the complaint in an officer’s personnel file. In the event that a complaint by a member of the public results in a sustained finding of misconduct, then the agency must retain the complaint and findings for no less than 15 years. Penal Code section 832.13 requires reporting of all uses of force. However, it does not define “use of force” or prescribe a retention period. It may be prudent for an agency to maintain these records for a minimum of five years. B. D ISCLOSURE OF P UBLIC S AFETY E MPLOYEES ’ P ERSONNEL F ILES A public safety employee may consent to the release or disclosure of information in his or her personnel file. This can happen when a public safety employee places matters in the personnel file at issue in a legal proceeding, such as a challenge to a disciplinary action involving the employer. A public safety employee may also request that information be provided to a third party, such as a prospective employer or educational institution. In these situations, it is advisable to obtain a written release or authorization which contains a provision in which the employee agrees to hold the agency harmless for any disclosure made to the third party. 1. C ALIFORNIA P UBLIC R ECORDS A CT The California Public Records Act 369 was enacted with the objective of increasing public access to government records. Like the federal Freedom of Information Act 370 upon which it was

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