Principles for Public Safety Employment

complaint by a member of the public, or a “citizen’s complaint.” Some agencies operate under the assumption that internally generated complaints do not constitute citizen complaints and are therefore not subject to the five year retention requirement set forth above, but rather are subject to the two year retention requirement. We believe the prudent course of action for an agency to take is to assume that internally generated complaints are the same as citizen complaints and keep them for a minimum of five years. 2. R ULES R EGULATING THE D ISCLOSURE AND / OR D ISCOVERY OF P EACE O FFICER P ERSONNEL R ECORDS a. The General Rule A noticed “Pitchess” motion is required to compel disclosure of peace officer personnel records in most instances. 405 The specifics concerning “Pitchess” motions are discussed more fully below. Either a judge or an administrative hearing officer may hear and decide a Pitchess motion. The California Supreme Court resolved this previously controversial question in Riverside County Sheriff’s Department v. Stiglitz. 406 In addition to its statutory construction, the Court remarked that this conclusion is consistent with the purpose of the POBR, which is to provide peace officers an opportunity to administratively appeal an adverse employment decision. The court further stated that its ruling was in line with the Pitchess scheme of providing a balance of interests between a litigant’s discovery interest and an officer’s confidentiality interest. b. Exceptions to the Rule The following is an outline of instances in which a noticed motion is not required as a condition precedent to disclosure:  An individual who files a citizen’s complaint shall be provided with a copy of his or her own statements at the time he or she files a complaint. 407  An employer may disseminate data regarding the number, type, or disposition of complaints (sustained, not sustained, exonerated, or unfounded) made against its officers if that information is in a form which does not identify the individuals involved. 408

 An employer may release factual information concerning a disciplinary investigation if the peace officer who is the subject of the disciplinary investigation, or the peace officer’s agent or representative, publicly makes a statement he or she knows to be false concerning the investigation or the imposition of disciplinary action. Information may not be disclosed by the peace officer’s employer unless the false statement was published by an established medium of communication, such as television, radio, or a newspaper. Any such disclosure is limited to facts contained in the peace officer’s personnel file concerning the disciplinary investigation or imposition of disciplinary action that specifically refute the false statements made public by the peace officer or his or her agent or representative. 409

Principles for Public Safety Employment ©2022 (s) Liebert Cassidy Whitmore 121