Personnel_Records

Policy 1006CSU Police Department Systemwide Policy Manual Copyright Lexipol, LLC 2025/06/23, All Rights Reserved. Published with permission by CSU Police DepartmentPersonnel Records - 1Personnel Records 1006.1 PURPOSE AND SCOPE This policy governs maintenance and access to peace officer personnel records. Personnel records include any file maintained under an individual member's name. _ 1006.2 POLICY It is the policy of this department to maintain peace officer personnel records and preserve the confidentiality of personnel records pursuant to the Constitution and the laws of California (Penal Code § 832.7). 1006.3 DEPARTMENT FILE The department file shall be maintained as a record of a peace officer's employment/appointment with this department. The department file should contain, at a minimum: (a)Personal data, including photographs, marital status, names of family members, educational and employment history, or similar information. A photograph of the member should be permanently retained. (b)Personnel action reports reflecting assignments, promotions, and other changes in employment/appointment status. These should be permanently retained. (c)Original performance evaluations. These should be permanently retained. (d)Discipline records, including copies of sustained personnel complaints (see the Personnel Complaints Policy). (a)Disciplinary action resulting from sustained internally initiated complaints or observation of misconduct shall be maintained pursuant to the established records retention schedule and at least four years (Government Code § 12946). (b)Disciplinary action resulting from a sustained civilian's complaint involving misconduct shall be maintained pursuant to the established records retention schedule and at least 15 years (Penal Code § 832.5). (c)Complaints by members of the public that are determined by the peace or custodial officer's employing agency to be frivolous, as defined in Section 128.5 of the Code of Civil Procedure, or unfounded or exonerated, or any portion of a complaint that is determined to be frivolous, unfounded, or exonerated, shall not be maintained in that officer's general personnel file. However, these complaints shall be retained in separate files that shall be deemed personnel records for purposes of the California Public Records Act (Penal Code § 832.5). (e)Adverse comments such as supervisor notes or memos may be retained in the department file after the member has had the opportunity to read and initial the comment (Government Code § 3305). 1.Once a member has had an opportunity to read and initial any adverse comment, the member shall be given the opportunity to respond in writing to the adverse comment within 30 days (Government Code § 3306). CSU Police Department Systemwide Policy Manual Personnel Records Copyright Lexipol, LLC 2025/06/23, All Rights Reserved. Published with permission by CSU Police DepartmentPersonnel Records - 22.Any member response shall be attached to and retained with the original adverse comment (Government Code § 3306). 3.If a member refuses to initial or sign an adverse comment, at least one supervisor should note the date and time of such refusal on the original comment and the member should sign or initial the noted refusal. Such a refusal, however, shall not be deemed insubordination, nor shall it prohibit the entry of the adverse comment into the member's file (Government Code § 3305). (f)Commendations and awards. (g)Any other information, the disclosure of which would constitute an unwarranted invasion of personal privacy. 1006.4 DIVISION FILE Division files may be separately maintained internally by a member's supervisor for the purpose of completing timely performance evaluations. The Division file may contain supervisor comments, notes, notices to correct and other materials that are intended to serve as a foundation for the completion of timely performance evaluations. All materials intended for this interim file shall be provided to the employee prior to being placed in the file in accordance with Government Code § 3305 and Government Code § 3306. 1006.5 TRAINING FILE An individual training file shall be maintained by the Training Manager for each member. Training files will contain records of all training; original or photocopies of available certificates, transcripts, diplomas and other documentation; and education and firearms qualifications. Training records may also be created and stored remotely, either manually or automatically (e.g., Daily Training Bulletin (DTB) records). _ (a)The involved member is responsible for providing the Training Manager or immediate supervisor with evidence of completed training/education in a timely manner. (b)The Training Manager or supervisor shall ensure that copies of such training records are placed in the member’s training file. 1006.6 INTERNAL AFFAIRS FILE Internal affairs files shall be maintained under the exclusive control of the Chief of Police or designee. Access to these files may only be approved by the Chief of Police or designee. These files shall contain the complete investigation of all formal complaints of member misconduct, regardless of disposition (Penal Code § 832.12). Investigations of complaints that result in the following findings shall not be placed in the member's file but will be maintained in the internal affairs file: (a)Not sustained (b)Unfounded CSU Police Department Systemwide Policy Manual Personnel Records Copyright Lexipol, LLC 2025/06/23, All Rights Reserved. Published with permission by CSU Police DepartmentPersonnel Records - 3(c)Exonerated Investigation files arising out of sustained civilian's complaints involving misconduct shall be maintained pursuant to the established records retention schedule and for a period