Principles for Public Safety Employment

6. T IPS FOR M ANAGING P EACE O FFICER P ERSONNEL F ILES  Audit records and remove documents which, as a matter of law, should not be part of the file.  Maintain records in a single location within your agency, limiting access to select individuals.  Supervisors should not keep files regarding individual officers without your knowledge and without full compliance with Government Code sections 3305, 3306, and 3306.5.  Always remember that disciplinary records will be part of the personnel file and subject to disclosure. D. R EPORTING TO POST Effective January 1, 2023, agencies are mandated to report certain events to POST. 1. Employment Actions When any agency employs, appoints, terminates, or separates from employment any peace officer (including involuntary terminations, resignations, and retirements), it must report this event to POST within ten days. 464 For reports regarding separation of a peace officer, agencies must execute and submit an “affidavit-of-separation” form under penalty of perjury, which must describe the reason for separation and whether the separation is part of resolving or settling any pending charge or investigation. 465 The officer who was separated “shall be permitted” to respond in writing to the affidavit-of-separation, explaining to POST their own understanding of the facts and reasons for the separation. 466 2. Records Regarding Potential Disqualification Agencies are required to report to POST when the following circumstances that could lead to the certification of a pace officer arise:

 A complaint, charge, or allegation is made against an officer regarding conduct that, if true, could result in decertification of a peace officer. 467  A civilian oversight entity or review board, civilian police commission, police chief, or civilian inspector general makes a finding or recommendation that a peace officer employed by the agency engaged in conduct that could result in decertification. 468  The final disposition of any investigation determines that a peace officer engaged in conduct that could result in decertification, regardless of the discipline imposed (if any). 469

Principles for Public Safety Employment ©2022 (s) Liebert Cassidy Whitmore 131