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Council opposes AB 1411 unless amended to protect investigative confidentiality
Summary
City staff and the fire department urged the council to oppose AB 1411 as written; members asked for an amendment to preserve confidential investigative records and to exempt criminal investigations from mandatory disclosure of adverse comments.
The City presented a formal objection to AB 1411, pending state legislation that would expand procedural protections for firefighters by barring adverse comments from going into personnel files without the firefighter's review. City representatives argued the bill as written could compel disclosure of investigatory notes and confidential sources and would conflict with the city's current parallel record-keeping system adopted after prior recommendations (such as the Christopher commission).
The city attorney and fire department asked the council to oppose the bill unless the language is amended to (a) preserve confidential investigative material and (b) protect records used in criminal investigations from forced disclosure. The council voted to approve that position and will send an amended comment to state lawmakers urging targeted changes to preserve the city's investigatory practices while protecting employee review rights before adverse material becomes part of a promotional or personnel file.
The council's recorded position notes agreement with many procedural protections in the bill but highlights a single technical provision that could inhibit investigative work and discourage candid reporting of complaints, potentially exposing the city to legal risk if the city cannot reconcile the new statutory requirements with its investigative protocols.
