Opinion No. (2000)

BILL LOCKYER Attorney General GREGORY L. GONOT Deputy Attorney General THE HONORABLE MICHAEL D. BRADBURY, DISTRICT ATTORNEY, VENTURA COUNTY, has requested an opinion on the following question: May a California law enforcement agency destroy peace officer internal investigation files after a five-year retention period and peace officer personnel records five years after the officer has terminated employment with the agency when the destruction is solely a matter of administrative routine? CONCLUSION A California law enforcement agency may destroy peace officer internal investigation files after a five-year retention period and peace officer personnel records five years after the officer has terminated employment when the destruction is solely a matter of administrative routine and no other factors are present that would establish "bad faith." ANALYSIS The question presented for resolution concerns the disclosure obligation imposed upon local law enforcement agencies by the United States Supreme Court in the case of Brady v. Maryland (1963) 373 U.S. 83 , and its impact, if any, on the continued retention of peace officer internal investigation files and peace officer personnel…