San Diego Police Officers Ass'n v. City of San Diego Civil Service Commission

Two local law enforcement employee associations (Associations) 1 filed an action against the City of San Diego (City) and County of San Diego (County) (collectively Public Entities), alleging the Public Entities’ practice of routinely disclosing personnel records at public disciplinary appeal hearings violates Penal Code section 832.7 and the law enforcement *278 officers’ constitutional rights to privacy. Associations sought declaratory relief ordering Public Entities to end this practice. The trial court sustained Public Entities’ demurrer without leave to amend, and entered judgment in the Public Entities’ favor. We conclude Associations alleged a viable cause of action for declaratory relief under Penal Code section 832.7. We therefore reverse.

Factual and Procedural Summary

Associations’ complaint alleged the following: Associations represent City and County peace officers who have a right to challenge disciplinary personnel actions at an administrative hearing. (Gov. Code, § 3303, subd. (b).) Public Entities’ civil service commissions require these administrative appeals to be conducted at public hearings. During these public hearings, each civil service…