March 2008
Inspection of Personnel Files
Every employee has the right to inspect his or her personnel file. You have the right to receive notice of adverse comments entered into your personnel file and you have 30 days to submit a response to such comments. You must be given the opportunity to sign any document, indicating you are aware of such comment. With that said, I always recommend you look at your file at least once a year to make sure there isn’t anything in there that you are not aware of. Sometimes documents get placed in there without your knowledge.
Government Code 3306.5 gives you the right to inspect your personnel files. It states that your employer shall, at reasonable times and reasonable intervals, upon the request of a public safety officer, during usual business hours, with no loss of compensation to the officer, permit that officer to inspect personnel files that are used or have been used to determine that officer’s qualifications for employment, promotion, additional compensation, or termination or other disciplinary action.
Your supervisor has a file on you and so does Internal Affairs/Professional Standards. If you want to see your supervisors file all you have to do is ask him or her to see it.
Each employer shall keep each public safety officer’s personnel file or a true and correct copy thereof, and shall make the file or copy thereof available within a reasonable period of time after a request by the officer. It shouldn’t take days for the supervisor to permit you to see the file. If you want to see your “IA” file, you have to make that request to them directly. They will set up a date and time for you to review it.
You should review your file if you have recently been the subject of an investigation that resulted in some kind of settlement stating the investigation shall not be placed in any of your files or your discipline was reduced in any way to make sure the correct information is in there.
If you review your file and believe that any portion of the material is mistakenly or unlawfully placed in the file, you may request in writing, that the mistaken or unlawful portion be corrected or deleted. Any request made pursuant to Government Code 3306.5 subsection (c) shall include a statement by you describing the corrections or deletions. That statement shall become part of your personnel file.
The Department has thirty (30) calendar days after receipt of the request to grant or notify you of the decision to refuse to grant the request. If the Department refuses to grant your request in whole or in part, the Department shall state in writing the reasons for refusing the request and that written statement shall become part of your personnel file.
If you have any questions or concerns regarding your personnel files, please contact your field representative.
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