Privacy Issues in the Community College Workplace

However, “when lesser interests are at stake,” a “more nuanced framework” applies, “with the strength of the countervailing interest sufficient to warrant disclosure of private information varying according to the strength of the privacy interest itself, the seriousness of the invasion, and the availability of alternatives and protective measures.” 399

2. P UBLIC S AFETY O FFICERS Under the Public Safety Officers Procedural Bill of Rights Act, the agency may not search an officer’s locker or personal storage space except in the officer’s presence, or with his or her consent, or unless a valid search warrant has been obtained, or where he or she has been notified in advance that a search will be conducted. 400 However, an office or locker search of space under the employer’s control may still violate the constitutional restriction on unreasonable search or seizures if the employee has a “reasonable expectation of privacy.” As with other employees, if this is the kind of area that is subject to searches on a normal basis, then the employee’s reasonable expectation of privacy may be diminished. The department may not coerce an administrative search of locations other than those under departmental control. If the department wishes to avoid the possible exclusion of evidence when searching locations such as an officer’s vehicle or home, as well as a possible lawsuit for violation of civil rights, it must obtain the officer’s consent or a valid search warrant. If an officer is forced to comply with an order to permit a search to avoid a possible charge of insubordination, the officer may have grounds for the exclusion of the evidence obtained as well as a civil lawsuit. For example, a federal court has held that a police officer is not required to open his home whenever reasonable suspicion exists that evidence may be found. Under such circumstances, an administrative warrant is improper and constitutionally infirm. 401  Retain a key or combination for each locker, desk or vehicle on agency property and notify the employees of this fact. Make sure any lock on agency property is owned and supplied by the employer and forbid employees to use their own locks.  Provide formal notice to employees that lockers, desks and vehicles may be searched without employee consent or knowledge and that refusal to permit such searches may result in discipline.  Prepare a written policy concerning searches and have each employee sign a written acknowledgment stating that the employee has received and read the written search policy. A sample Electronic Communications Resources Policy is set forth in Appendix D . 3. C HECKLIST : G UIDELINES FOR C ONDUCTING S EARCHES

 Secure a valid search warrant prior to conducting a search at the request of the police

 Conduct searches in an evenhanded and nondiscriminatory manner.

 If possible, obtain consent of the employee before conducting the search.

Privacy Issues in the Community College Workplace ©2019 (c) Liebert Cassidy Whitmore 127