Principles for Public Safety Employment

Note: A peace officer personnel record is subject to the same confidentiality and disclosure whether it is maintained by the public safety agency or by the human resources/personnel department.

b. Peace Officer Personnel Records are Confidential Peace officer personnel records, including records maintained by any state or local agency pursuant to Penal Code section 832.5, or information obtained from these records, are confidential and shall not be disclosed by the department or agency that employs the peace officer in any criminal or civil proceeding except by discovery pursuant to Evidence Code sections 1043 and 1046, with certain exceptions. 393 The California Supreme Court has held that these confidentiality provisions apply to more than just records maintained by an officer’s “employing agency.” 394 The privilege prohibits the disclosure of civil service commission records created for disciplinary appeals, including records which identify the officer by name. Effective January 1, 2019, Penal Code section 832.7 provides that the following types of records are not confidential, and therefore must be produced in response to a Public Records Act request:

 Records relating to the report, investigation, or findings of an incident involving the discharge of a firearm at a person by a peace officer or custodial officer.  Records relating to the report, investigation or findings of an incident in which the use of force by a peace officer or custodial officer against a person results in death or great bodily injury.  Records relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in sexual assault involving a member of the public. “Sexual assault” is defined for the purposes of the section 832.7 as the commission or attempted initiation of a sexual act with a member of the public by means of force, threat, coercion, extortion, offer of leniency or any other official favor, or under the color of authority. The proposition for or commission of any sexual act while on duty is considered a sexual assault.  Records relating to an incident in which a sustained finding of dishonesty by a peace officer or custodial officer directly relating to the reporting, investigation, or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by another peace officer or custodial officer, including but not limited to, any sustained finding of perjury, false statements, filing false reports, destruction of evidence or falsifying or concealing of evidence.

These records must be produced if the request was made on or after January 1, 2019, regardless of whether the records were created before that date. 395 Further, agencies are required to comply with these requests where the records in its possession were prepared by another agency or pertain to another agency’s officer. 396

Principles for Public Safety Employment ©2022 (s) Liebert Cassidy Whitmore 119