Terminating the Employment Relationship

1. D ISCLOSURE

a. Public Records The California Public Records Act 334 (“PRA”) requires a public agency, upon request, to disclose “any writing containing information relating to the conduct of the public’s business prepared, owned, used or retained by any state or local agency, regardless of physical form or characteristics.” 335 The general principle of the PRA is that “public records are open to public inspection at all times during the business hours of the state or local agency.” 336 However, the right of public access to “public records” is not without limitations. The PRA exempts from disclosure personnel, medical or similar files (e.g. personnel evaluations, home address, social security number, medical history) when disclosure of such files would constitute an unwarranted invasion of personal privacy. 337 There are, however, certain personnel records and information that must be disclosed. Accordingly, any provision in a settlement agreement that attempts to circumvent mandatory disclosure under the PRA will be unenforceable.

The following are examples of personnel records that do not constitute an unwarranted invasion of personal privacy and must be disclosed .

Names, job titles and salaries of high-ranking employees (i.e. employees who make over $100,000 per year); 338 Salary ranges of unidentified employees; 339 Employment agreements; 340 Severance agreements; 341 Names of employees granted a criminal conviction exemption to work at a licensed day care facility; 342

Address of record for state-employed physicians; 343 Names of police officers who fired shots at a citizen; 344

Letters which appointed and then rescinded the appointment of an individual to a city position; 345 and Certain disciplinary records that reflect allegations of a substantial nature (alleged sexual or violent conduct). 346 b. Peace Officer Records Peace officer personnel records and records of complaints against officers by citizens are confidential. 347 However, disclosure of peace officer records can be compelled by a discovery procedure known as a Pitchess discovery motion. 348 Pitchess motions are most often filed by criminal defendants who are seeking to use documents in an officer’s personnel file to support a

Terminating the Employment Relationship ©2019 (s) Liebert Cassidy Whitmore 111