Privacy Issues in the Community College Workplace

The only instances when a Pitchess motion is not required for discovery of peace officer personnel records are: 1) when the officer requests to review his or her own records, 2) pursuant to a subpoena in federal court proceedings or 3) in the course of an investigation by a grand jury or the district attorney into peace officer misconduct. 240 However, on September 30, 2018, Governor Edmund G. Brown, Jr. signed Senate Bill 1421 and Assembly Bill 748 that will allow members of the public to obtain certain peace officer personnel records that were previously available only through the Pitchess procedure by making a request under the CPRA as described above.

Senate Bill 1421

Effective January 1, 2019, SB 1421 amends Government Code Section 832.7 to generally require disclosure of records and information relating to the following types of incidents in response to a request under the 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, officer 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. NOTE : SB 1421 does not explicitly state whether it applies to records created before the new law’s effective date. Several police labor organizations have taken the position that SB 1421 was not intended to apply retroactively to records that are in an agency’s possession but were created before January 1, 2019. This question is the subject of multiple parallel lawsuits across the state. Rulings have come in from three superior courts: Contra Costa Superior Court denied six police unions’ petitions to limit SB 1421 disclosures to records created after January 1; Ventura County Superior Court issued a preliminary injunction that prevents the County from

Privacy Issues in the Community College Workplace ©2019 (c) Liebert Cassidy Whitmore 74