Addendumpow s o
COUNCIL AGENDA REPORT
DATE: OCTOBER 5, 2015
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: OUTSIDE WORK PERMIT PROGRAM
REMARKS:
MEETING DATE: 00/00/15
ITEM NO: 9
The following explanation is in response to a question from a Council Member as to why the
names of staff withheld.
In consultation with the Town Attorney and the Town's outside human resources counsel, the outside
work permit information appears to be part of an employee's personnel record and as such the City has a
duty to maintain the employee's privacy in his or her personnel file under both common law and the
California Constitution (meaning names should not be released). Additionally, it is likely not required to
be disclosed under either the Public Records Act or the Brown Act. Furthermore, to disclose such
information to the public may be a violation of negotiated MOUs or agreements with City bargaining
groups and even if appropriate to release such information, may be a violation of MMBA to release
without meet and confer first. Also, peace officer personnel records may not be disclosed unless the
requesting party files a motion in Superior Court pursuant to Pitchess v. Superior Court and Evidence
Code section 1043 and 1045.
PREPARED BY: IRU��P ORTIL
Human Resources Director
Reviewed by: L-LL /Assistant Town Manager
Coweil Reports \October 6\Addmdum item 10.doc
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