Policy Text
Policy
1017Fremont Police Department
Personnel Records
1017.1 PURPOSE AND SCOPE
The purpose of this policy is to establish clear standards for the creation, maintenance, access,
security, disclosure, and retention of personnel records for all members of the Fremont Police
Department. Personnel records are essential to documenting employment history, ensuring legal
compliance, supporting administrative and disciplinary processes, and safeguarding employee
rights and privacy.
This policy applies to all categories of personnel records maintained by or on behalf of the
Department, including but not limited to Department Service Files, Division Files, Training
Files, Administrative (Internal Affairs) Files, and Medical Files. It provides guidance to ensure
compliance with applicable state and federal laws, collective bargaining agreements, and City of
Fremont policies regarding the confidentiality, integrity, and accessibility of these records.
1017.2 POLICY
It is the policy of the Fremont Police Department to maintain accurate, secure, and comprehensive
personnel records in a manner that supports operational effectiveness, employee development,
and organizational accountability. All personnel records shall be managed in accordance with the
Constitution, California state law—including but not limited to Penal Code § 832.7, Government
Code §§ 3305–3306.5, and Labor Code § 1198.5—and applicable municipal policies.
The Department is committed to preserving the confidentiality of personnel records while ensuring
transparency and appropriate access for authorized purposes. All records shall be maintained
with respect for the privacy of individual employees and the operational needs of the Department,
and shall be subject to release only as authorized by law or this policy.
1017.3 DEPARTMENT SERVICE FILE
The Department service file shall be maintained as a record of a person's employment/
appointment with this Department and/or Human Resources. The Department service file should
contain, at a minimum:
(a)Personal data, including photographs, marital status, names of family members,
educational and employment history, or similar information.
(b)Election of employee benefits.
(c)Personnel action reports reflecting assignments, promotions, and other changes in
employment/appointment status.
(d)Original performance evaluations. These should be retained pursuant to the City of
Fremont retention schedule and applicable law.
(e)Discipline records, including copies of sustained personnel complaints (see the
Personnel Complaints Policy).
Copyright Lexipol, LLC 2025/08/13, All Rights Reserved.
Published with permission by Fremont Police DepartmentPersonnel Records - 1
Fremont Police Department
Personnel Records
(f)Adverse comments such as supervisor notes or memos may be retained in the
Department service file after the member has had the opportunity to read and initial
the comment (Government Code § 3305).
(a)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).
(b)Any member response shall be attached to and retained with the original adverse
comment (Government Code § 3306).
(c)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).
(g)Commendations and awards.
(h)Any other information, the disclosure of which would constitute an unwarranted
invasion of personal privacy.
All documents placed into the Department service file shall be handled exclusively by designated
administrative assistants. Such actions shall only occur at the direction of the Chief of Police or
an authorized designee to ensure the integrity, security, and accuracy of Department records.
1017.4 DIVISION FILE
Division (Supervisor) 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.
The Division file should be purged upon completion of the employee's evaluation.
1017.5 TRAINING FILE
An individual training file shall be maintained by the Training Sergeant 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 qualifications. Training records may also
be created and stored remotely, either manually or automatically.. _
(a)The involved member is responsible for providing the Training Sergeant or immediate
supervisor with evidence of completed training/education in a timely manner.
(b)The Training Sergeant or supervisor shall ensure that copies of such training
records are placed in the member's training file following their participation in training
programs.
Copyright Lexipol, LLC 2025/08/13, All Rights Reserved.
Published with permission by Fremont Police DepartmentPersonnel Records - 2
Fremont Police Department
Personnel Records
1017.6 ADMINISTRATIVE (INTERNAL AFFAIRS) FILE
Administrative (Internal affairs) files shall be maintained under the exclusive control of the Office
of Professional Standards and Accountability in conjunction with the office of the Chief of Police.
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