Chapter 1 – General Administration

14010.6.10.1 Subpoenas – Non‑Peace Officer Personnel Records

• Response to a subpoena for information from non-peace officer personnel records shall be as follows:

  • Provide the information if:

    • Employee consents in writing to the disclosure of the information; or

    • Disclosure is permissible as a public record or as non-exempt personal information (see DOMDepartment Operations Manual 13030 and 13040).

  • Contact the OLAOffice of Legal Affairs if:

    • Employee does not consent in writing to the disclosure of the information; and

    • Exempt personnel information is requested.

• In civil actions in which the Department is not involved, and where only payroll or medical records are requested, a subpoena for non-peace officer records shall be complied with. No appearance shall be made on behalf of the Department to oppose a motion for non-peace officer records. Disclosure shall be made upon receipt of the subpoena.

• Before disclosure, the Department shall reasonably attempt to notify the individual to whom the record pertains.

• Disclosure of personnel records without a subpoena, or the employee’s written consent, shall only be made to an attorney representing the Department’s interest, as in worker’s compensation matters when defending the Department or its employees, or in adverse personnel actions.