Privacy Issues in the Workplace

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. 305

 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

Similarly, no firefighter shall have any comment adverse to his or her interest entered in his or her personnel file, or any other file used for any personnel purposes by his or her employer, without the firefighter having first read and signed the instrument containing the adverse comments indicating he or she is aware of such comment, except that, such entry may be made, if after reading such instrument the firefighter refuses to sign it. Should a firefighter refuse to sign, that fact shall be noted on that document. The firefighter must then sign or initial the document. 306 Government Code section 3256.5 provides firefighters with the right to respond to adverse comments in their personnel files and correct or delete materials mistakenly or unlawfully placed in their file. 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. 307 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. 308

Board of Trustees v. Superior Court 309 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. Brutsch v. City of Los Angeles 310 The Court of Appeal refused to permit police officers access to interviewers’ rating sheets which contained the interviewers’ comments recorded during the oral interview portion of a promotional examination. The Court recognized the City’s legitimate interest in protecting the privacy of the interviewers whom had been assured that their comments would be confidential and rejected plaintiff’s suggestion that the City redact the names of the interviewers from the rating sheets to allow disclosure. The Court

Privacy Issues in the Workplace ©2019 (s) Liebert Cassidy Whitmore 96