California Court of Appeal

Reset A A Font size: Print

Berkeley Police Assoc. v. City of Berkeley, A118537

Grant of plaintiff-police association's writ of mandate against defendants-city and Police Review Commission (PRC) is affirmed where: 1) the records and findings of the PRC were protected from disclosure under section 832.7(a), both as "records maintained by any state or local agency pursuant to Section 832.5" and as "personnel records"; 2) the trial court properly held that defendants must comply with section 832.7 and not disclose peace officer personnel records except in accordance with the contingencies specified in that section and must cease permitting the public to access PRC investigations, reports, hearings, and findings; 3) when officers are made to appear for interrogation or a factfinding hearing by order of their employer and under penalty of disciplinary sanction up to and including dismissal for failing to comply, this is tantamount to being subjected to interrogation by the officer's "commanding officer, or [another] member of the employing public safety department."; and 4) the trial court was thus correct in holding that Government Code section 3303 applied to PRC proceedings and in ordering defendants to comply with it.

Appellate Information

  • Decided 10/07/2008
  • Published 10/07/2008

Judges

  • MARGULIES, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Manuela Albuquerque, City Attorney, Zach Cowan, Acting City Attorney, Sarah Reynoso, Deputy City Attorney;  Meyers, Nave, Riback, Silver & Wilson, Arthur A. Hartinger, Oakland, for Defendants and Appellants., Alan L. Schlosser and Mark Schlosberg, San Francisco, for American Civil Liberties Union Foundation of Northern California as Amicus Curiae on behalf of Defendants and Appellants., Berry Wilkinson Law Group, Alison Berry Wilkinson, Pleasant Hill, for Plaintiff and Respondent.
Copied to clipboard