Privacy Issues in the Workplace

request. The report evaluated the Pasadena Police Department’s investigation of the shooting of an unarmed teenager by two police officers, the adequacy of the department’s training, and also recommended any needed institutional reforms. The report contained information from a criminal investigation as well as an administrative investigation. The court ordered that information related to employee appraisal (e.g., officers’ personnel information and officers statements made in the course of the department’s administrative investigation) were confidential and must be redacted. However, portions of the report unrelated to employee appraisal (e.g., the department’s criminal investigation) were not confidential and should not have been redacted.

h. Release to DA of List of Officers against Whom Findings of Dishonesty, Moral Turpitude or Bias have been Sustained

The California Attorney General has opined 364 that Penal Code section 832.7(a) does not authorize a district attorney, for the purpose of complying with Brady , to directly review the personnel files of peace officers who will or are expected to be prosecution witnesses to determine whether any Brady issues apply. However, to “facilitate compliance with Brady ,” the CHP may lawfully release to the district attorney’s office the names of officers against whom findings of “dishonesty, moral turpitude, or bias have been sustained, along with the date of the earliest such conduct.” The district attorney may then use this information to comply with Brady requirements. The California Attorney General, in issuing its opinion, relied on People v. Superior Court (Johnson). 365 In Johnson , the California Supreme Court determined that prosecutors do not have unfettered access to the confidential personnel records of police officers who are potential witnesses in a criminal case but must follow the same procedures that apply to criminal defendants in order to obtain information in those records (i.e., filing a Pitchess motion). Thus, the prosecutor may fulfill his or her Brady obligation if he/she informs the defendant that the department has informed the prosecutor that the personnel records of the officer may contain Brady information, and that the officers were important witnesses.

NOTE: Brady 366 requires the prosecution to disclose to the defense any exculpatory evidence, including potential impeaching evidence. This duty extends to others acting on the prosecution’s behalf, including the police. The criminal defendant may then, under Pitchess 367 , compel discovery of evidence in the law enforcement officer’s personnel file that is relevant to the defendant’s ability to defend against the criminal charge.

i. Inability to Prevent Newspaper from Publishing or Printing Confidential Peace Officer Personnel Information that May Have Been Illegally Obtained In Association for Los Angeles Deputy Sheriffs v. Los Angeles Times Communications LLC 368 , a California court of appeal held a police union could not prevent the Los Angeles Times from publishing or printing confidential peace officer personnel information that may have been illegally obtained. The court determined that no admissible evidence had been presented that the

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