A new amendment to the California Public Records Act and Education Code could require local agencies, like school districts, to release the personnel files of employees with sustained allegations of sexual misconduct. Berkeley Councilmember Terry Taplin proposed the amendment to State Assembly members Buffy Wicks and Mia Bonta in a letter last month.
Public records have emerged as a key rallying point for East Bay leaders seeking to increase district accountability, ensure student safety, and deter future assault in California public schools. Taplin’s letter came just one day after the publication of a Berkeleyside investigation that found that Berkeley High administrators kept records of sexual misconduct allegations and official responses sealed from the public for 15 years. The records were made public last month four days after Berkeleyside threatened legal action.
Taplin, a Berkeley High alum, has said that state law must be more explicit about cases in which personnel files may be made public. California state case law currently says that records may be publicly disclosed, if the claims in question have been substantiated or disciplinary action has been taken. Advocates say that the proposed requirements, then, would not violate existing privacy laws.
No state legislation has been introduced since Taplin’s letter. Buffy Wicks, who represents Berkeley in the Assembly, says her team is actively investigating the proposed changes with input from legal experts and community leaders.
