No. S134253. August 27, 2007. Appeal from the Superior Court of Alameda County, No. RG04166830, Steven Brick, Judge. Davis Reno and Duane W. Reno for Petitioners. Carroll, Burdick McDonough, Ronald Yank, David M. Rice and Troy M. Yoshino for CDF Firefighters as Amicus Curiae on behalf of Petitioners and Real Party in Interest Oakland Police Officers' Association. Weinberg, Roger Rosenfeld, Antonio Ruiz and M. Suzanne Murphy for Operating Engineers Local Union No. 3 as Amicus Curiae on behalf of Petitioners
No. B190482. May 3, 2010. Appeal from the Superior Court of Los Angeles County, No. BC285388, Warren L. Ettinger, Judge. Retired judge of the former Municipal Court for the Pasadena Judicial District, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. Loeb Loeb, Andrew S. Clare, Lawrence B. Gutcho; Akin Gump Strauss Hauer Feld, William A. Norris, Edward P. Lazarus, L. Rachel Helyar, Michael C. Small and Rex Heinke for Plaintiffs and Appellants. Horvitz
In enacting this chapter, the Legislature, mindful of the right of individuals to privacy, finds and declares that access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state. Ca. Gov. Code § 6250
(a) Except as provided in subdivision (b), the personnel records of peace officers and custodial officers and records maintained by any state or local agency pursuant to Section 832.5, or information obtained from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery pursuant to Sections 1043 and 1046 of the Evidence Code. This section shall not apply to investigations or proceedings concerning the conduct of peace officers or custodial
As used in Section 832.7, the following words or phrases have the following meanings: (a) "Personnel records" means any file maintained under that individual's name by his or her employing agency and containing records relating to any of the following: (1) Personal data, including marital status, family members, educational and employment history, home addresses, or similar information. (2) Medical history. (3) Election of employee benefits. (4) Employee advancement, appraisal, or discipline. (5)
(a) The agency shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of this chapter or that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record. (b) A response to a written request for inspection or copies of public records that includes a determination that the request is denied, in whole or in part, shall be in writing.
An appeal may be taken in a civil action or proceeding as provided in Sections 904.1, 904.2, 904.3, and 904.5. Ca. Civ. Proc. Code § 904 Amended by Stats 2007 ch 263 (AB 310),s 9.5, eff. 1/1/2008.