BILL NUMBER: SB 1327 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 9, 2000
AMENDED IN SENATE APRIL 25, 2000
AMENDED IN SENATE APRIL 24, 2000
AMENDED IN SENATE APRIL 5, 2000
AMENDED IN SENATE MARCH 15, 2000
INTRODUCED BY Senator Escutia
(Coauthors: Senators Burton, Hughes, Polanco, Sher,
Solis, and Soto)
(Coauthors: Assembly Members Alquist, Aroner, Calderon, Cedillo,
Correa, Dutra, Firebaugh, Havice, Keeley, Knox, Kuehl,
Nakano, Reyes, Shelley, Steinberg, Vincent, and Washington)
JANUARY 3, 2000
An act to amend Section 1198.5 of the Labor Code,
relating An act to repeal and add Sections 44031 and
87031 of the Education Code, to add Sections 18001, 36501.5, and
53060.3 to, and to repeal and add Section 31011 of, the Government
Code, and to repeal and add Section 1198.5 of the Labor Code,
relating to inspection of personnel files.
LEGISLATIVE COUNSEL'S DIGEST
SB 1327, as amended, Escutia. Employees: inspection of personnel
records by employees.
Existing
(1) Existing law requires employers to make employee
personnel files available for inspection by employees, as
specified. Existing law exempts the state, school districts, and
public employers, as specified, from this requirement.
This bill would delete the exemptions for the state and public
employers, but would specifically exempt county sheriff's departments
and municipal police departments with respect to their employees.
The bill would also require employers to permit their employees to
inspect their personnel files or a copy at the place the employee
reports to work, during usual business hours, with no loss of
compensation. The bill would require that the personnel files be
kept confidential and that access to the files be restricted to the
employee, employee's representative, and authorized personnel of the
employer.
The bill would specify a procedure by which employees may request
corrections and deletions of material in their personnel files that
is not accurate, relevant, timely, or complete. and
prescribes procedures for that inspection. Existing law exempts from
this requirement, public employers, the state or any state agency,
and specified public school districts. Other existing law requires
public school districts, community colleges, cities, counties, or
local agencies to also make personnel records available to employees,
and prescribes various procedures for this inspection, depending on
who the employer is.
This bill would harmonize the law applicable to all of the above
employers with regard to inspection of personnel files. The bill
would require an employer to make the contents of personnel files
available to an employee at reasonable intervals and reasonable
times, as provided, but would exempt from inspection, records
relating to the investigation of a criminal offense, letters of
reference, and specified ratings and reports.
This bill would also provide that, with respect to a public school
district or a community college, information of a derogatory
information shall not be entered into an employee's personnel records
unless the employee is given an opportunity to review and comment on
that information. The bill would exempt public safety officers from
its provisions. By imposing new duties on local agencies, the bill
would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1198.5 of the Labor Code is
SECTION 1. Section 44031 of the Education Code is repealed.
44031. (a) Materials in personnel files of employees that may
serve as a basis for affecting the status of their employment are to
be made available for the inspection of the person involved.
(b) Except as otherwise provided in subdivision (e), this material
is not to include ratings, reports, or records that (1) were
obtained prior to the employment of the person involved, (2) were
prepared by identifiable examination committee members, or (3) were
obtained in connection with a promotional examination.
(c) Every employee shall have the right to inspect these materials
upon request, provided that the request is made at a time when the
person is not actually required to render services to the employing
district.
(d) Information of a derogatory nature, except material mentioned
in subdivision (b), shall not be entered or filed unless and until
the employee is given notice and an opportunity to review and comment
thereon. An employee shall have the right to enter, and have
attached to any derogatory statement, his own comments thereon. The
review shall take place during normal business hours, and the
employee shall be released from duty for this purpose without salary
reduction.
(e) Notwithstanding subdivision (b), every noncredentialed
employee shall have access to his or her numerical scores obtained as
a result of a written examination.
SEC. 2. Section 44031 is added to the Education Code, to read:
44031. (a) Every employee has the right to inspect personnel
records pursuant to Section 1198.5 of the Labor Code.
(b) In addition to subdivision (a), all of the following shall
apply to an employee of a school district:
(1) Information of a derogatory nature, except material mentioned
in subdivision (d) of Section 1198.5 of the Labor Code, shall not be
entered into an employee's personnel records unless and until the
employee is given notice and an opportunity to review and comment on
that information. The employee shall have the right to enter, and
have attached to any derogatory statement, his or her own comments.
(2) The employee shall not have the right to inspect personnel
records at a time when the employee is actually required to render
services to the district.
(3) A noncredentialed employee shall have access to his or her
numerical scores obtained as a result of a written examination.
SEC. 3. Section 87031 of the Education Code is repealed.
87031. Materials in personnel files of employees which may serve
as a basis for affecting the status of their employment are to be
made available for the inspection of the person involved.
Such material is not to include ratings, reports, or records which
(1) were obtained prior to the employment of the person involved,
(2) were prepared by identifiable examination committee members, or
(3) were obtained in connection with a promotional examination.
Every employee shall have the right to inspect such materials upon
request, provided that the request is made at a time when such
person is not actually required to render services to the employing
district.
Information of a derogatory nature, except material mentioned in
the second paragraph of this section, shall not be entered or filed
unless and until the employee is given notice and an opportunity to
review and comment thereon. An employee shall have the right to
enter, and have attached to any such derogatory statement, his own
comments thereon. Such review shall take place during normal business
hours, and the employee shall be released from duty for this purpose
without salary reduction.
SEC. 4. Section 87031 is added to the Education Code, to read:
87031. (a) Every employee has the right to inspect personnel
records pursuant to Section 1198.5 of the Labor Code.
(b) In addition to subdivision (a), all of the following shall
apply to an employee of a school district:
(1) Information of a derogatory nature, except material mentioned
in subdivision (d) of Section 1198.5 of the Labor Code, shall not be
entered into an employee's personnel records unless and until the
employee is given notice and an opportunity to review and comment on
that information. The employee shall have the right to enter, and
have attached to any derogatory statement, his or her own comments.
(2) The employee shall not have the right to inspect personnel
records at a time when the employee is actually required to render
services to the district.
SEC. 5. Section 18001 is added to the Government Code, to read:
18001. Every employee has the right to inspect personnel records
pursuant to Section 1198.5 of the Labor Code.
SEC. 6. Section 31011 of the Government Code is repealed.
31011. Every county employee shall have the right to inspect and
review any official record relating to his or her performance as an
employee or to a grievance concerning the employee which is kept or
maintained by the county; provided, however, that the board of
supervisors of any county may exempt letters of reference from the
provisions of this section.
The contents of such records shall be made available to the
employee for inspection and review at reasonable intervals during the
regular business hours of the county.
The county shall provide an opportunity for the employee to
respond in writing, or personal interview, to any information about
which he or she disagrees. Such response shall become a permanent
part of the employee's personnel record. The employee shall be
responsible for providing the written responses to be included as
part of the employee's permanent personnel record.
This section does not apply to the records of an employee relating
to the investigation of a possible criminal offense.
SEC. 7. Section 31011 is added to the Government Code, to read:
31011. Every employee has the right to inspect personnel records
pursuant to Section 1198.5 of the Labor Code.
SEC. 8. Section 36501.5 is added to the Government Code, to read:
36501.5. Every employee has the right to inspect personnel
records pursuant to Section 1198.5 of the Labor Code
SEC. 9. Section 53060.3 is added to the Government Code, to read:
53060.3. (a) Every employee of a local agency has the right to
inspect personnel records pursuant to Section 1198.5 of the Labor
Code.
(b) As used in this section:
(1) "City" means any city or municipal corporation, whether
general law city or charter city.
(2) "County" means any county, whether general law county or
charter county, including a city and county.
(3) "Local agency" means any city, county, city and county,
special district, authority, community redevelopment agency, or other
political subdivision of the state.
SEC. 10. Section 1198.5 of the Labor Code is repealed.
1198.5. (a) Every employer shall at reasonable times, and at
reasonable intervals as determined by the Labor Commissioner, upon
the request of an employee, permit that employee to inspect such
personnel files which are used or have been used to determine that
employee's qualifications for employment, promotion, additional
compensation, or termination or other disciplinary action.
(b) Each employer subject to this section shall keep a copy of
each employee's personnel file at the place the employee reports to
work, or shall make such file available at such place within a
reasonable period of time after a request therefor by the employee.
(c) This section does not apply to the records of an employee
relating to the investigation of a possible criminal offense. It
shall not apply to letters of reference.
(d) If a local agency has established an independent employee
relations board or commission, any matter or dispute pertaining to
this section shall be under the jurisdiction of that board or
commission, but an employee shall not be prohibited from pursuing any
available judicial remedy, whether or not relief has first been
sought from a board or commission.
(e) This section shall not apply to public employers, including,
but not limited to, every city, county, city and county, district,
and every public and quasi-public agency. This section shall not
apply to the state or any state agency, and shall not apply to public
school districts with respect to employees covered by Section 44031
of the Education Code. Nothing in this section shall be construed to
limit the rights of employees pursuant to Section 31011 of the
Government Code or Section 87031 of the Education Code, or to provide
access by a public safety employee to confidential preemployment
information.
SEC. 11. Section 1198.5 is added to the Labor Code, to read:
1198.5. (a) Every employee has the right to inspect the personnel
records that the employer maintains relating to the employee's
performance or to any grievance concerning the employee.
(b) The employer shall make the contents of those personnel
records available to the employee at reasonable intervals and at
reasonable times. Except as provided in paragraph (3) of subdivision
(c), the employer shall not be required to make those personnel
records available at a time when the employee is actually required to
render service to the employer.
(c) The employer shall do one of the following:
(1) Keep a copy of each employee's personnel records at the place
where the employee reports to work.
(2) Make the employee's personnel records available at the place
where the employee reports to work within a reasonable period of time
following an employee's request.
(3) Permit the employee to inspect the personnel records at the
location where the employer stores the personnel records, during the
employee's normal working hours, with no loss of compensation to the
employee.
(d) The requirements of this section shall not apply to:
(1) Records relating to the investigation of a possible criminal
offense.
(2) Letters of reference.
(3) Ratings, reports, or records that were:
(A) Obtained prior to the employee's employment.
(B) Prepared by identifiable examination committee members.
(C) Obtained in connection with a promotional examination.
(4) Employees who are subject to the Public Safety Officers
Procedural Bill of Rights, Chapter 9.7 (commencing with Section 3300)
of Division 4 of Title 1 of the Government Code.
(e) The Labor Commissioner may adopt regulations that determine
the reasonable times and reasonable intervals for the inspection of
records maintained by an employer that is not a public agency.
(f) If a public agency has established an independent employee
relations board or commission, an employee shall first seek relief
regarding any matter or dispute relating to this section from that
board or commission before pursuing any available judicial remedy.
(g) In enacting this section, it is the intent of the Legislature
to establish minimum standards for the inspection of personnel
records by employees. Nothing in this section shall be construed to
prevent the establishment of additional rules for the inspection of
personnel records that are established as the result of agreements
between an employer and a recognized employee organization.
SEC. 12. In adding Sections 36501.5 and 53060.3 to, and in
repealing and adding Section 31011 of, the Government Code by this
act, it is the intent of the Legislature that those sections, in
addition to applying to a general law city or county, as appropriate,
also apply to a charter city or a charter county, including a city
and county. The Legislature further finds and declares that the
right of employees to inspect personnel records is a fundamental
right of employment and, as such, constitutes an issue of statewide
concern and is not a municipal affair.
SEC. 13. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. amended to read:
1198.5. (a) Every employer shall at reasonable times, and at
reasonable intervals as determined by the Labor Commissioner, upon
the request of an employee, permit that employee to inspect personnel
files that are used or have been used to determine that employee's
qualifications for employment, promotion, additional compensation, or
termination or other disciplinary action.
(b) Each employer subject to this section shall keep each employee'
s personnel file or a true and correct copy thereof at the place the
employee reports to work, or shall make the file available at that
place within a reasonable period of time after a request therefor by
the employee. An employer shall, at the request of an employee
thereof, permit the employee to inspect the employee's personnel file
or copy during usual business hours, with no loss of compensation to
the employee. All personnel files shall be kept confidential and
shall not be accessible to anyone other than the employee, employee's
representative, and authorized personnel of the employer.
(c) If, after examination of the employee's personnel file or
copy, the employee has reason to believe that any portion of the
material is not accurate, relevant, timely, or complete, the employee
may request in writing that the record be corrected, or that the
inaccurate portion be deleted, or both. Any request made pursuant to
this subdivision shall include a statement by the employee
describing the corrections or deletions from the personnel file
requested and the reasons supporting those corrections or deletions.
A statement submitted pursuant to this subdivision shall become part
of the personnel file of the employee.
(d) This section does not apply to the records of an employee
relating to the investigation of a possible criminal offense. This
section also does not apply to letters of reference.
(e) If a local agency has established an independent employee
relations board or commission, any matter or dispute pertaining to
this section shall be under the jurisdiction of that board or
commission, but an employee shall not be prohibited from pursuing any
available judicial remedy, whether or not relief has first been
sought from a board or commission.
(f) Nothing in this section shall be construed to limit the rights
of employees pursuant to Section 31011 of the Government Code or
Section 44031 or 87031 of the Education Code, or to provide access by
a public safety employee to confidential preemployment information.
This section does not apply to public school districts with respect
to employees covered by Section 44031 of the Education Code. This
section also does not apply to a county sheriff's department or a
municipal police department with respect to its employees.