Terminating the Employment Relationship

b. Peace Officer Records Peace officer personnel records and records of complaints against officers by citizens are confidential. 357 However, disclosure of peace officer records can be compelled by a discovery procedure known as a Pitchess discovery motion. 358 Pitchess motions are most often filed by criminal defendants who are seeking to use documents in an officer’s personnel file to support a defense (e.g., an IA involving previous acts of falsifying reports to prove the officer committed the same or similar act again). In the event a judge grants a Pitchess motion, an agency must disclose the records identified by the judge, regardless of their confidential nature. In addition, effective January 1, 2019, the Pitchess related statutes (Government Code sections 832.7 and 832.8) generally require disclosure of records and information relating to the following types of incidents in response to a request under the California Public Records Act (“CPRA”) :  Records relating to the report, investigation, or findings of an incident involving the discharge of a firearm at a person by a peace officer or custodial officer.  Records relating to the report, investigation or findings of an incident in which the use of force by a peace officer or custodial officer against a person results in death or great bodily injury.  Records relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in sexual assault involving a member of the public. “Sexual assault” is defined, for the purposes of section 832.7, as the commission or attempted initiation of a sexual act with a member of the public by means of force, threat, coercion, extortion, offer of leniency or any other official favor, or under the color of authority. The propositioning for or commission of any sexual act while on duty is considered a sexual assault.  Records relating to an incident in which a sustained finding of dishonesty by a peace officer or custodial officer directly relating to the reporting, investigation, or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, another peace officer or custodial officer, including but not limited to, any sustained finding of perjury, false statements, filing false reports, destruction of evidence or falsifying or concealing of evidence. And, effective July 1, 2019, the CPRA requires that agencies produce video and audio recordings of “critical incidents,” defined as an incident involving the discharge of a firearm at a person by a peace officer or custodial officer, or an incident in which the use of force by a peace officer or custodial officer against a person resulted in death or great bodily injury, in response to a CPRA request.

Terminating the Employment Relationship ©2022 (s) Liebert Cassidy Whitmore 115