Privacy Issues in the Community College Workplace

district reduces the conduct to writing, the Education Code does not require that the school district warn the teacher about the offensive conduct.

2. P RIVACY R IGHTS OF T HIRD P ARTIES W HEN E MPLOYEES I NSPECT O WN P ERSONNEL F ILES California Labor Code section 1198.5 gives all employees (except public safety officers whose inspection right derives from the POBR and firefighters whose inspection rights are found in the Firefighters Procedural Bill of Rights Act (“FBOR”)) the right to inspect their own personnel files. Education Code section 87031 expressly applies the right of inspection under California Labor Code section 1198.5 to employees of community college districts. This right extends to all documents which the employer maintains relating to the employee’s performance or to any grievance concerning the employee. Under Government Code section 3305, public safety officers are entitled to inspect any adverse comment before it is entered into their personnel file. The term “adverse comment” includes citizen complaints. 292

 Investigation of a possible criminal offense



Letters of reference

 Ratings, reports, or records obtained prior to the employee's employment

 Ratings, reports or records prepared by an identifiable examination committee  Ratings, reports or records obtained in connection with a promotional examination

California Courts have also recognized the right of privacy in third parties who prepare ratings, reports, and records that is contained in Article I, Section 1 of the California Constitution. 293 This Constitutional right of privacy in third parties also extends to public safety officer personnel file inspections. Their inspection rights do not apply to unfavorable comments recorded by interviewers in connection with a promotional examination. 294

Board of Trustees v. Superior Court 295 An employee sought discovery of the entire contents of his own personnel file. The University refused to produce written references and statements made by third parties under a guarantee of confidentiality. The Court of Appeal held that the University should make appropriate deletions and produce all documents which could be produced without divulging the identity of the third parties who had been guaranteed confidentiality.

Privacy Issues in the Community College Workplace ©2021 (c) Liebert Cassidy Whitmore 95