Policy Text
Policy Delano Police Department
1013 Delano PD Policy Manual
Personnel Records
1013.1 PURPOSE AND SCOPE
This policy governs maintenance and access to personnel records. Personnel records include any
file maintained under an individual member's name._
1013.2 POLICY
It is the policy of this department to maintain personnel records and preserve the confidentiality of
personnel records pursuant to the Constitution and the laws of California (Penal Code § 832.7).
1013.3 DEPARTMENT FILE
The department file shall be maintained as a record of a person’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) Election of employee benefits.
(c) Personnel action reports reflecting assignments, promotions, and other changes in
employment/appointment status. These should be permanently retained.
(d) Original performance evaluations. These should be permanently maintained.
(e) Discipline records, including copies of sustained personnel complaints.
1. 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 two years (Government Code § 26202;
Government Code § 34090).
2. Disciplinary action resulting from a sustained civilian's complaint shall be
maintained pursuant to the established records retention schedule and at least
five years (Penal Code § 832.5).
(f) 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).
2. 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
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Published with permission by Delano Police Department