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3306. A public safety officer shall have 30 days within which to file a written response to any adverse
<br />comment entered in his personnel file. Such written response shall be attached to, and shall accompany,
<br />the adverse comment.
<br />(Added by Stats. 1976, Ch. 465.)
<br />3306.5. (a) Every employer shall, at reasonable times and at reasonable intervals, upon the request of a
<br />public safety officer, during usual business hours, with no loss of compensation to the officer, permit
<br />that officer to inspect personnel files that are used or have been used to determine that officer’s
<br />qualifications for employment, promotion, additional compensation, or termination or other
<br />disciplinary action.
<br />(b) Each employer shall keep each public safety officer’s personnel file or a true and correct copy
<br />thereof , and shall make the file or copy thereof available within a reasonable period of time after a
<br />request therefor by the officer.
<br />(c) If, after examination of the officer’s personnel file, the officer believes that any portion of the
<br />material is mistakenly or unlawfully placed in the file, the officer may request, in writing, that the
<br />mistaken or unlawful portion be corrected or deleted. Any request made pursuant to this subdivision
<br />shall include a statement by the officer describing the corrections or deletions from the personnel file
<br />requested and the reasons supporting those corrections or deletions. A statement submitted pursuant to
<br />this subdivision shall become part of the personnel file of the officer.
<br />(d) Within 30 calendar days of receipt of a request made pursuant to subdivision (c), the employer shall
<br />either grant the officer’s request or notify the officer of the decision to refuse to grant the request. If the
<br />employer refuses to grant the request, in whole or in part, the employer shall state in writing the reasons
<br />for refusing the request, and that written statement shall become part of the personnel file of the officer.
<br />(Added by Stats. 2000, Ch. 209, Sec. 1. Effective January 1, 2001.)
<br />3307. (a) No public safety officer shall be compelled to submit to a lie detector test against hi s or her
<br />will. No disciplinary action or other recrimination shall be taken against a public safety officer refusing
<br />to submit to a lie detector test, nor shall any comment be entered anywhere in the investigator’s notes
<br />or anywhere else that the public safety officer refused to take, or did not take, a lie detector test, nor
<br />shall any testimony or evidence be admissible at a subsequent hearing, trial, or proceeding, judicial or
<br />administrative, to the effect that the public safety officer refused to take, or was subjected to, a lie
<br />detector test.
<br />(b) For the purpose of this section, “lie detector” means a polygraph, deceptograph, voice stress
<br />analyzer, psychological stress evaluator, or any other similar device, whether mechanical or electrical,
<br />that is used, or the results of which are used, for the purpose of rendering a diagnostic opinion
<br />regarding the honesty or dishonesty of an individual.
<br />(Amended by Stats. 1998, Ch. 112, Sec. 1. Effective January 1, 1999.)
<br />3307.5. (a) No public safety officer shall be required as a condition of employment by his or her
<br />employing public safety department or other public agency to consent to the use of his or her
<br />photograph or identity as a public safety officer on the Intern et for any purpose if that officer
<br />reasonably believes that the disclosure may result in a threat, harassment, intimidation, or harm to that
<br />officer or his or her family.
<br />(b) Based upon his or her reasonable belief that the disclosure of his or her photogr aph or identity as a
<br />public safety officer on the Internet as described in subdivision (a) may result in a threat, harassment,
<br />intimidation, or harm, the officer may notify the department or other public agency to cease and desist
<br />from that disclosure. After the notification to cease and desist, the officer, a district attorney, or a
<br />United States Attorney may seek an injunction prohibiting any official or unofficial use by the
<br />department or other public agency on the Internet of his or her photograph or id entity as a public safety
<br />officer. The court may impose a civil penalty in an amount not to exceed five hundred dollars ($500)
<br />per day commencing two working days after the date of receipt of the notification to cease and desist.
<br />(Added by Stats. 1999, Ch. 338, Sec. 1. Effective January 1, 2000.)
<br />3308. No public safety officer shall be required or requested for purposes of job assignment or other
<br />personnel action to disclose any item of his property, income, assets, source of income, debts or
<br />personal or domestic expenditures (including those of any member of his family or household) unless
<br />such information is obtained or required under state law or proper legal procedure, tends to indicate a
<br />conflict of interest with respect to the performance of his offi cial duties, or is necessary for the
<br />employing agency to ascertain the desirability of assigning the public safety officer to a specialized unit
<br />in which there is a strong possibility that bribes or other improper inducements may be offered.
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