Arbitrators may decide Pitchess motions
A recent California Supreme Court decision raises questions about the extent to which nonjudicial officers should decide disclosure questions. In Riverside County Sheriff’s Department v. Stiglitz, the court ruled that an arbitrator deciding an appeal from disciplinary action against a peace officer could inspect confidential personnel records of other peace officers and determine whether they should be disclosed in the arbitration proceeding. The statutes in question establish a qualified privilege for peace officer personnel records and prescribe a procedure for determining whether they should be disclosed, commonly called Pitchess rights. Under the facts of Pitchess v. Superior Court, Peter Pitchess...