As used in Section 832.7, the following words or phrases have the following meanings:
(a)“Personnel records” means any file maintained under that individual’s name by his or her employing agency and containing records relating to any of the following:
(1)Personal data, including marital status, family members, educational and employment history, home addresses, or similar information.
(2)Medical history.
(3)Election of employee benefits.
(4)Employee advancement, appraisal, or discipline.
(5)Complaints, or investigations of complaints, concerning an event or transaction in which he or she participated, or which he or she perceived, and pertaining to the manner in which he or she performed his or her duties.
(6)Any other information the disclosure of which would constitute an unwarranted invasion of personal privacy.
(b)“Sustained” means a final determination by an investigating agency, commission, board, hearing officer, or arbitrator, as applicable, following an investigation and opportunity for an administrative appeal pursuant to Sections 3304 and 3304.5 of the Government Code, that the actions of the peace officer or custodial
officer were found to violate law or department policy.
(c)“Unfounded” means that an investigation clearly establishes that the allegation is not true.
Notes of Decisions
Long Beach Police Officers Assn. v. City of Long Beach, 325 P.3d 460 (Cal. 2014).
· cites it 10× “The Court of Appeal reasoned that because the Pitchess statutes define ―personnel records‖ as any file maintained under the officer‘s name by the officer’s employing agency (Pen. Code, § 832.8) and because the civil service commission was not the officer‘s employing agency, the…”
Comm'n on Peace Officer Standards & Training v. Superior Court, 165 P.3d 462 (Cal. 2007).
· cites it 6× “" Its companion statute, Penal Code section 832.8, describes a peace officer's personnel record as "any file maintained under the officer's name" and containing certain enumerated types of informationpersonal data, medical history, election of employee benefits, employee…”
City of Santa Cruz v. Mun. Court, 776 P.2d 222 (Cal. 1989).
· cites it 4× “As here pertinent, section 1043, subdivision (a) requires a written motion and notice to the governmental agency which has custody of the records sought, and subdivision (b) provides that such motion shall include, inter alia, "(2) A description of the type of records or…”
Alford v. Superior Court, 63 P.3d 228 (Cal. 2003).
· cites it 2× “As here pertinent, section 1043, subdivision (a) requires a written motion and notice to the governmental agency which has custody of the records sought, and subdivision (b) provides that such motion shall include, inter alia, `(2) A description of the type of records or…”
City of Los Angeles v. Superior Court, 52 P.3d 129 (Cal. 2002).
· cites it 2× “[S]ection 1043, subdivision (a) requires a written motion and notice to the governmental agency which has custody of the records sought, and subdivision (b) provides that such motion shall include, inter alia, `(2) A description of the type of records or information sought; and…”
Gilbert v. City of Sunnyvale, 2005 Cal. Daily Op. Serv. 5998 (Cal. Ct. App. 2005).
· cites it 2× “” 5 Penal Code section 832.8 defines “personnel records,” as used in Penal Code section 832.”
Pasadena Police Officers Ass'n v. Superior Court, 44 Media L. Rep. (BNA) 1083 (Cal. Ct. App. 2015).
· cites it 3× “” (Pen. Code, § 832.8, subds. (d)-(f).) The disclosure of peace officer personnel records is limited by Penal Code section 832.”
City of Los Angeles v. Superior Court, 2003 Cal. Daily Op. Serv. 7904 (Cal. Ct. App. 2003).
· cites it 3× “” Penal Code section 832.8 defines “personnel records” as “any file maintained under that individual’s name by his or her employing agency and containing records relating to any of the following: [¶] (a) Personal data, including marital status, family members, educational and…”
Zanone v. City of Whittier, 8 Cal. Daily Op. Serv. 4641 (Cal. Ct. App. 2008).
· cites it 3× “14 Penal Code section 832.8 defines peace officer personnel records as “any file maintained under that individual’s name by Ms or her employing agency and containing records relating to any of’ a list of enumerated categories of information, including personal data, medical…”
— Cal. Penal Code § 832.8(b) — 3 cases
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