Barber

Barber v. Department of Corrections & Rehabilitation

Good Law
137 Cal. Rptr. 3d 727·2012 Cal. App. LEXIS 134·203 Cal. App. 4th 638·2012 WL 472889·33 I.E.R. Cas. (BNA) 1047
Court of Appeal of CaliforniaFebruary 15, 2012No. E052296California6,699 words

Opinion

Lead Opinion

Codrington, J.

I

INTRODUCTION

Petitioner and appellant Patrick Barber appeals from a trial court judgment denying his petition for writ of mandamus, seeking production of his *640 personnel and internal affairs files (records) from California’s Department of Corrections and Rehabilitation (CDCR) under Government Code sections 3306.5 and 3309.5. 1 The trial court rejected Barber’s records request on the ground he was not entitled to his records under the Public Safety Officers Procedural Bill of Rights Act (POBRA) (§ 3300 et seq.) after termination from his employment with CDCR.

Barber contends CDCR violated POBRA by not producing his records and requests this court to impose penalties against CDCR for the violation. Barber claims CDCR had a history of concealing and/or destroying his records. We conclude Barber did not have a right under section 3306.5 to review his records after he was no longer employed with CDCR. We deny imposition of penalties and affirm the judgment.

II

FACTUAL AND PROCEDURAL BACKGROUND

CDCR hired Barber in 1998. CDCR placed Barber on administrative time off with pay on January 11, 2008, until his termination on April 10, 2009. At the time of termination,…

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