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State of California <br />PENAL CODE <br />Section 832.5 <br />832.5. (a) (1) Each department or agency in this state that employs peace officers <br />shall establish a procedure to investigate complaints by members of the public against <br />the personnel of these departments or agencies, and shall make a written description <br />of the procedure available to the public. <br />(2) Each department or agency that employs custodial officers, as defined in Section <br />831.5, may establish a procedure to investigate complaints by members of the public <br />against those custodial officers employed by these departments or agencies, provided, <br />however, that any procedure so established shall comply with the provisions of this <br />section and with the provisions of Section 832.7. <br />(b) Complaints and any reports or findings relating to these complaints, including <br />all complaints and any reports currently in the possession of the department or agency, <br />shall be retained for a period of no less than 5 years for records where there was not <br />a sustained finding of misconduct and for not less than 15 years where there was a <br />sustained finding of misconduct. A record shall not be destroyed while a request <br />related to that record is being processed or any process or litigation to determine <br />whether the record is subject to release is ongoing. All complaints retained pursuant <br />to this subdivision may be maintained either in the peace or custodial officer’s general <br />personnel file or in a separate file designated by the department or agency as provided <br />by department or agency policy, in accordance with all applicable requirements of <br />law. However, prior to any official determination regarding promotion, transfer, or <br />disciplinary action by an officer’s employing department or agency, the complaints <br />described by subdivision (c) shall be removed from the officer’s general personnel <br />file and placed in a separate file designated by the department or agency, in accordance <br />with all applicable requirements of law. <br />(c) Complaints by members of the public that are determined by the peace or <br />custodial officer’s employing agency to be frivolous, as defined in Section 128.5 of <br />the Code of Civil Procedure, or unfounded or exonerated, or any portion of a complaint <br />that is determined to be frivolous, unfounded, or exonerated, shall not be maintained <br />in that officer’s general personnel file. However, these complaints shall be retained <br />in other, separate files that shall be deemed personnel records for purposes of the <br />California Public Records Act (Division 10 (commencing with Section 7920.000) of <br />Title 1 of the Government Code) and Section 1043 of the Evidence Code. <br />(1) Management of the peace or custodial officer’s employing agency shall have <br />access to the files described in this subdivision. <br />(2) Management of the peace or custodial officer’s employing agency shall not <br />use the complaints contained in these separate files for punitive or promotional