Access to Police Officer personnel files
Q: Basically, what I want from the city is:
1. The former chief’s personnel file (including his contract, etc.) 2. The investigation documents (which I’m assuming would specify allegations, testimonies, etc.) 3. The former chief’s termination action (which I’m assuming he received in writing).
Do I legally have access to any of these things? Also, does the situation apply differently to police employees?
A: Unfortunately, under something called the “Peace Officers Bill of Rights,” it is generally not possible to get access to a police officers personnel file.However, as to at least two of the three categories of records you want, you have an alternative argument. In Government Code section 6254.8, the California Public Records Act provides an absolute right of access to every employment contract between a government agency and a public official, such as the chief of police.
That right of access would apply not only to the chief’s employment contract, but also to any agreement concerning his termination or departure from the city. A couple of years ago, we successfully sued the City of Red Bluff, on behalf of the Red Bluff Daily News, to get access to the “Retirement Agreement and Mutual Release” under which the chief of police left his position. Under a case called Braun v. City of Taft, 154 Cal. App. 3d 332 (1982), the right of access to the termination agreement (as part of his employment contract), should include any letters laying out the terms of the termination of the chief’s contract. With respect to the audit prepared by the outside investigator, in a normal case you should be entitled to it, as well, at least if it found the chief culpable of anything, under a case called AFSME v. Regents, 80 Cal. App. 3d 913 (1978). However, since it was an investigation into the chief of police, the city may claim it is exempt from disclosure under the Peace Officers Bill of Rights. However, if the results of that investigation are referenced in the termination agreement or termination correspondence, you should be able to get that.