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Copyright Lexipol, LLC 2025/11/13, All Rights Reserved. Published with permission by Santa Monica Police Department Personnel Records - 1 Santa Monica Police Department Santa Monica Police Department 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 Co de § 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 re flecting 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 co mplaint 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 Departmen t 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). Policy 1013 Santa Monica Police Department Santa Monica Police Department Policy Manual Personnel Records Copyright Lexipol, LLC 2025/11/13, All Rights Reserved. Published with permission by Santa Monica Police Department Personnel Records - 2 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 sha ll 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. 1013.4 DIVISION FILE ( LIVING FILE) Division files may be separately maintained internally by a member's supervisor for the purpose of completing timely performance evaluations. The Division file should contain, but is not limited to, the following: (a) Supervisor living file entrie s and any other materials intended to serve as a foundation for the completion of timely Performance Evaluations. 1. 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 3306. 2. Duplicate copies of items that will also be included in the employee's Department file may be placed in this interim file in anticipation of completing any upcoming performance evaluation. 3. Once the permanent performance evaluation form has been made final, the underlying foundational material(s) and/or duplicate copies may be purged in accordance with this policy. (b) Adverse comments in a supervisor's living file entry may be retained in the Department file or Division file after the employee has had the opportunity to read and initial the comment and for a period up to two years Government Code § 3305). 1. Once an employee has had an opportunity to read and initial any adverse comment prior to entry into a file, the employee shall be given the opportunity to respond in writing to such adverse comment within 30 days (Government Code § 3306). 2. Any such employee response shall be attached to and retained with the original adverse comment. 3. If an employee 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. Such a refusal, however, shall not be deemed insubordination nor shall it prohibit the entry of the adverse comment into the employee's file. (c) All rules of confidentiality and disclosure shall apply equally to the Division file. Santa Monica Police Department Santa Monica Police Department Policy Manual