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1 (a) "Personnel records" means any file maintained under that individual's <br /> 2 name by his or her employing agency and containing records relating to <br /> 3 any of the following: <br /> 4 (1) Personal data, including marital status, family members, educational <br /> 5 and employment history, home addresses, or similar information. <br /> 6 (2) Medical history. <br /> 7 (3) Election of employee benefits. <br /> 8 (4) Employee advancement, appraisal, or discipline. <br /> 9 (5) Complaints, or investigations of complaints, concerning an event or <br /> 10 transaction in which he or she participated, or which he or she perceived, <br /> 11 and pertaining to the manner in which he or she performed his or her <br /> 12 duties. <br /> 13 (6)Any other information the disclosure of which would constitute an <br /> 14 unwarranted invasion of personal privacy. <br /> 15 31. The Attorney General concluded "[t]he disclosure of peace officer <br /> 16 personnel records in violation of ... section 832.7 may constitute a crime under the <br /> 17 terms of Government Code section 1222 if the conditions of the latter statute are met." <br /> 18 (82 Ops.Cal.Atty.Gen. 246 (1999).) <br /> 19 32. Government Code section 1222, makes a public officer's "willful omission <br /> 20 to perform any duty enjoined by law" a misdemeanor. Defendants' failure (omission)to <br /> 21 treat the impacted officers' personnel documents as confidential was willful, in that the <br /> 22 defendants acted on purpose with the intent the records be released publicly. <br /> 23 Defendants' actions, as described above constituted a willful omission to perform a <br /> 24 public duty enjoined by law. <br /> 25 33. Defendants knowingly and intentionally produced records in response to a <br /> 26 public records request that Defendants knew or should have know were protected from <br /> 27 release due to the records constituting and/or containing confidential peace officer <br /> 28 personnel file information. Said disclosure was done in violations of Penal Code <br /> 8 <br /> COMPLAINT <br />