August 30, 2007
California Supreme Court Splits on Public Records Act
In Commission on Peace Officer Standards and Training v. Sup. Ct., __ Cal. Rptr.3d __, 2007 WL 2410091 (Cal. Aug. 27, 2007), the court addressed whether the California Public Records Act required the Peace Officer Standards and Training Commission to disclose the hiring and firing dates, names, and employing departments of California police officers. The problem it faced was that under a provision of the Penal Code, personnel information generally could not be disclosed, but under the California Public Records Act, it ostensibly had to be disclosed. The majority held that the employment history was "confidential" and so excluded from disclosure; but two justices dissented. It's an interesting read, with strong arguments on both sides.
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