Policy Text
Policy
1010San Luis Obispo Police Department
San Luis Obispo PD CA Policy Manual
Copyright Lexipol, LLC 2025/07/22, All Rights Reserved.
Published with permission by San Luis Obispo Police
DepartmentPersonnel Records - 1Personnel Records
1010.1 PURPOSE AND SCOPE
This policy governs maintenance and access to personnel records. Personnel records include any
file maintained under an individual member's name. _
1010.2 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).
1010.3 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 retained.
(e)Discipline records, including copies of sustained personnel complaints (see the
Personnel Complaints Policy).
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 four years (Government Code § 12946).
2.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).
3.A civilian’s complaint involving misconduct that was not sustained 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).
San Luis Obispo Police Department
San Luis Obispo PD CA Policy Manual
Personnel Records
Copyright Lexipol, LLC 2025/07/22, All Rights Reserved.
Published with permission by San Luis Obispo Police
DepartmentPersonnel Records - 23.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.
1010.4 CONFIDENTIALITY OF ALL PERSONNEL FILES
Pursuant to Penal Code § 832.7, all of the above-defined personnel records shall be deemed
confidential and shall not be subject to disclosure except pursuant to the discovery procedures set
forth in Evidence Code § 1043, et seq. or in accordance with applicable federal discovery laws.
Nothing in this section is intended to preclude review of personnel files by the City Manager, City
Attorney or other attorneys or representatives of the City in connection with official business.
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.
1010.5 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.
1010.5.1 RELEASE OF CONFIDENTIAL INFORMATION
Except as provided by this policy or pursuant to lawful process, no information contained in any
confidential peace officer personnel file shall be disclosed to any unauthorized person(s) without
the express consent of the involved officer or written authorization of the Chief of Police or his
or her designee.
Any person who maliciously, and with the intent to obstruct justice or the due administration of the
laws, publishes, disseminates, or otherwise discloses the residence address or telephone number
of any member of this department may be guilty of a misdemeanor ( Penal Code § 146e).
Pursuant to Penal Code § 832.7(e), the disposition of any citizen's complaint shall be released to
the complaining party within 30 days of the final disposition. This release shall be limited to the
disposition and shall not include what discipline, if any was imposed.
San Luis Obispo Police Department
San Luis Obispo PD CA Policy Manual
Personnel Records