Principles for Public Safety Employment

provided to the employer to protect that privacy interest are the principle elements to be considered. 387

In County of Los Angeles v. Los Angeles County Employee Relations Commission 388 , the California Supreme Court held that, in general, a union’s interest, based on the duty of representation, in home contact information for employees who are members of the represented bargaining unit outweighs the employees’ right to privacy of that information under the state constitution. However the Court noted that that balance “might tip in favor of privacy when an individual employee objects and demands that home contact information be withheld.” Further, it should be noted that the employees involved were not peace officers, and therefore the special considerations for peace officer personnel files were not considered. C. S PECIAL C ONSIDERATIONS FOR P EACE O FFICER P ERSONNEL F ILES 1. O VERVIEW OF C ALIFORNIA S TATUTES G OVERNING P EACE O FFICER P ERSONNEL R ECORDS The following is an overview of the rules regarding the confidentiality, maintenance (i.e., record keeping), and disclosure of peace officer personnel records. a. Defining Peace Officer Personnel Records Any file (not necessarily a file called “personnel file”) maintained under an officer’s name by his or her employing agency and containing records relating to any of the following:  Personal data (e.g., including marital status, family members, educational and employment history, home addresses, or similar information);  Medical history;  Election of employee benefits;  Employee advancement, appraisal, or discipline;  Complaints, or investigations of complaints, concerning an event or

transaction in which an officer participated, or which the officer perceived, and pertaining to the manner in which the officer performed his or her duties;  Any other information the disclosure of which would constitute an unwarranted invasion of personal privacy; 389  Not the officer’s name itself; 390  Not the officer’s official photograph; 391  Not materials related to the officer’s performance that are obtained from outside sources, such as court opinions or other public records. 392

Principles for Public Safety Employment ©2022 (s) Liebert Cassidy Whitmore 118