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OCC says city attorneys are blocking access to PSA photos, cites Labor Code interpretation
Summary
The Office of Citizens Complaints told the Police Commission that access to police service attendant (PSA) photographs and station lists has been denied based on a city attorney interpretation of the Labor Code, and said OCC staff are pursuing clarification to preserve transparency for complainants.
The Office of Citizens Complaints told the Police Commission on May 13 that it has been denied access to photographs and rosters for police service aides (PSAs), a change the OCC says hampers its ability to run photo lineups for complainants.
Director Joyce Hicks said the denial traces to a city attorney's interpretation of the California Labor Code restricting one city "employer" from providing employee photographs or lists of another city employer. "We were denied access to photos," she said, and OCC staff are reviewing the legal opinion with city attorneys while seeking a path forward.
Vice President Turman asked whether this refusal was a new issue; the OCC replied it is new dating back to November and that the change abandons a prior practice OCC staff said had been in place for years. The OCC noted it can still obtain and provide names and photos of PSAs tied to a specific complaint, but not wholesale station lists or all PSA photos.
Commissioners and the OCC discussed the balance between personnel privacy, union input and transparency for complainants. Attorney Inez (Vargas) Frankel from OCC joined the discussion to clarify that the interpretation focuses on how "employer" is defined under the Labor Code when one city department seeks another department's employee records.
The Commission agreed to seek clarification from the city attorney and to address the issue at a future meeting if necessary.
