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Know Your Rights:
You have the right to inspect your Personnel file and have it corrected
By W. Steven Barefoot, CCPOA Hearing Rep, West Sacramento
The Public Safety Officers' Procedural Bill of Rights, commonly referred to as the Peace Officers' Bill of Rights (POBOR), grants a variety of rights and assigns certain responsibilities to California peace officers.
Included among these is the right to inspect your own personnel file for accuracy and to request corrections or additions when warranted. (See POBOR, Government Code Section 3300.)
Peace officers have the right to read and sign any adverse comments that are to be placed in their personnel files.
This right to review is also a requirement upon management to secure the officer's notice of the adverse comments prior to placement into the personnel file.
Signing this notice does not imply that the officer agrees with the statements contained in the adverse comments. Signing the document only confirms that the proper notice has in fact occurred.
If an officer disagrees with the adverse comments, the officer may refuse to sign. Such refusal, however, will be noted and placed into the personnel file as well.
Procedures are established in the POBOR to allow officers to contest the accuracy of the adverse comments. Every officer has 30 days to file a written response to any adverse action entered into the officer's personnel file. The officer's response shall be attached to, and accompany, the adverse comment.
The employer is required by law to allow officers to review their personnel files at reasonable times and at reasonable intervals. The intent of this law is to ensure that officers are not restricted from gaining access to their files. Such access, however, is not unlimited. If an officer decides to inspect his/her file at the beginning of every shift or only requests to review the file at 2 a.m. Sunday mornings, for instance, the courts may view such requests as noncompliant with the "at reasonable times and at reasonable intervals" exceptions to the POBOR.
Remember, the personnel file is your file. The employer is required to make the file, or a copy of it, available to you within a reasonable amount of time. This includes all electronic personnel files and documents as well.
If an officer finds that there are items mistakenly or unlawfully placed in the file, the officer may request in writing that the mistaken or unlawful portion be corrected or deleted. Such requests shall include a statement by the officer describing the corrections or deletions to be made to the personnel file and the reasons supporting those corrections or deletions. The officer's written statement concerning the request to remove the mistakenly or unlawfully placed items shall also become part of the officer's personnel file.
The rights afforded to officers under POBOR are the law and must be followed. The law is explicit and states, "It shall be unlawful for any public safety department to deny or refuse to any public safety officer the rights and protections guaranteed to him or her by this chapter."
Cautionary note: If an officer falsifies any personnel document or is untruthful in his/her written request to have the adverse comments removed from his/her file, such officer could be subject to additional disciplinary action. Departmental disciplinary action against officers for dishonesty routinely results in termination of employment. So, be truthful and accurate.
The bottom line is officers are strongly encouraged to review their personnel files periodically to ensure that their rights are protected and that inappropriate materials are removed as needed. Failure to do so may adversely impact promotions, transfers, and may be used in future disciplinary actions if allowed to remain in the files.
Taking positive steps to maintain the integrity of your personnel file will better protect your reputation and career. No one will take care of you the way you can. You must take the initiative. It could make all the difference in a prosperous career.
If you have any questions concerning your rights as a peace officer, especially as those rights relate to your personnel file, please contact your CCPOA representative for assistance.
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