BILL NUMBER: AB 2267	CHAPTERED  07/24/00

	CHAPTER   209
	FILED WITH SECRETARY OF STATE   JULY 24, 2000
	APPROVED BY GOVERNOR   JULY 24, 2000
	PASSED THE SENATE   JULY 6, 2000
	PASSED THE ASSEMBLY   MAY 31, 2000
	AMENDED IN ASSEMBLY   MAY 26, 2000
	AMENDED IN ASSEMBLY   APRIL 6, 2000

INTRODUCED BY   Assembly Member Cedillo

                        FEBRUARY 24, 2000

   An act to add Section 3306.5 to the Government Code, relating to
personnel records.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2267, Cedillo.  Public safety officers:  personnel records.
   (1) Existing law requires employers to make employee personnel
files available for inspection by employees, but exempts from this
requirement the state, school districts, and other specified public
employers.  The Public Safety Officers Procedural Bill of Rights
requires that a public safety officer have read, and have the
opportunity to respond to, any comment adverse to his or her interest
before it is placed in his or her personnel file.
   This bill would require employers of public safety officers to
permit an officer to inspect his or her personnel file or a copy
during usual business hours, with no loss of compensation.   The bill
would specify a procedure by which the officer could request
correction or deletion of material that is mistakenly or unlawfully
placed in his or her personnel file and would require employers,
within 30 days of receiving the request, to either make the requested
corrections or deletions or place a written explanation of the
reasons for not granting the request in the file.   The bill would
create a state-mandated local program by imposing new duties on local
agencies.
  (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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 3306.5 is added to the Government Code, to
read:
   3306.5.  (a) Every employer shall, at reasonable times and at
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.
   (b) 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 therefor by the officer.
   (c) If, after examination of the officer's personnel file, the
officer believes that any portion of the material is mistakenly or
unlawfully placed in the file, the officer may request, in writing,
that the mistaken or unlawful portion be corrected or deleted.  Any
request made pursuant to this subdivision shall include a statement
by the officer 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 officer.
   (d) Within 30 calendar days of receipt of a request made pursuant
to subdivision (c), the employer shall either grant the officer's
request or notify the officer of the decision to refuse to grant the
request.  If the employer refuses to grant the request, in whole or
in part, the employer shall state in writing the reasons for refusing
the request, and that written statement shall become part of the
personnel file of the officer.
  SEC. 2.  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.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.