Alley
Alley v. Office of Law Enforcement Support CA3
Opinion
Opinion
Renner, J.
I. BACKGROUND
A. Statutory Background Section 3305 is one of three neighboring provisions that concern the rights of public safety officers with respect to their personnel files. (See Poole v. Orange County Fire Authority (2015) 61 Cal.4th 1378, 1385 (Poole) [describing parallel provisions of the Fire Fighters Procedural Bill of Rights Act (§ 3250 et seq.)].) OLES does not challenge the trial court’s conclusion that Alley’s employment with OLES made her a peace officer within the meaning of these statutes. Section 3305 provides, in pertinent part: “No public safety officer shall have any comment adverse to his interest entered in his personnel file, or any other file used for any personnel purposes by his employer, without the public safety officer having first read and signed the instrument containing the adverse comment indicating he is aware of such comment, except that such entry may be made if after reading such instrument the public safety officer refuses to sign it.” Section 3306 explains that a public safety officer has 30 days “to file a written response to any adverse comment entered in his personnel file. Such written response shall be attached to, and shall…