Opinion
James Johnson appeals an order denying his request for declaratory judgment and injunctive relief by which he sought to compel the Santa Clara County Sheriffs Department to permit inspection of all information acquired by the department pursuant to appellant’s application for special deputy sheriff status.
*437 Appellant Johnson, a security guard for the Santa Clara County Central Services Administration since November 1977, made application to the county sheriffs department in January 1978 for special deputy status which would enable him to have legal authority to write traffic tickets and thus work on weekday shifts. A background investigation was completed by the respondent sheriffs department in March 1978; however, no decision was communicated to appellant until his attorney made inquiry in August 1978. Appellant was denied deputy sheriff status with the department refusing to give reasons for the denial. Appellant was also refused the right to inspect his application file. Upon reconsideration, respondent granted appellant special deputy status on December 20, 1978, but continued to refuse inspection of the application file or an explanation for the original denial. Respondent has maintained both the contents of the file and the reasons for denial of the special status were confidential.
On February 13, 1979, appellant filed an action in superior court for declaratory and injunctive relief to require disclosure of his application file under the California Public Records Act (hereafter the PRA) (Gov. Code, § 6250 et seq.) and in the alternative for disclosure of the reasons for the original denial of special deputy status to appellant. On March 16, 1979, the court entered an order denying disclosure of the records.
In enacting the PRA, the Legislature declared that “access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state.” (§ 6250.) Section 6253 of the act provides that public records of state and local agencies are open to inspection and “every citizen has a right to inspect any public record, except as hereafter provided.” The general policy of the PRA favors disclosure, and support for a refusal to disclose information must be found, if at all, among the specific exceptions to that general policy enumerated in the act.
(Cook
v.
Craig
(1976)
Respondent concedes that its records regarding appellant’s application for special deputy status are not among the records expressly exempted from disclosure by section 6254 of the act. 1 Instead, respon *438 dent relies on section 6255, which provides: “The agency shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of this chapter or that on the facts of the particular case the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record.” (Italics added.) Urging that the public interest served by nondisclosure outweighs any public interest served by disclosure, respondent argues that nondisclosure of information gathered by its investigators serves the important public interest of obtaining a thorough personal history of prospective special deputies. Respondent explains that such information is frequently obtained in confidence, and that without an assurance of confidentiality, many persons will refuse to reveal any information.
Appellant concedes the need to protect confidential sources, but argues that at least limited public access to the records of applicants for special deputy status is necessary to enable the public to monitor the selection of deputy sheriffs. He also acknowledges his own personal interest in these records, arguing that disclosure would enable him either to correct any inaccurate information therein, or to improve any undesirable personal quality mentioned so that in the future he will not be denied advancement or favorable employment.
How the sheriff’s department carries out its responsibilities in investigating and approving applicants for special deputy status is of legitimate public interest. (See
We also recognize, however, that assurances of confidentiality may be a prerequisite to obtaining candid information about applicants for special deputy status, and that nondisclosure of such information given in confidence serves the public interest. The public has an interest in encouraging cooperation with investigations made by public agencies. (
We agree, therefore, that to the extent the file contains matters obtained with the understanding implicit or explicit that such matters could be kept confidential, the court was correct in denying disclosure of those matters. However, we cannot agree that as a matter of law, without a factual determination,
all
matters contained within appellant’s applicant investigation file are privileged. We are concerned that similar to personnel files, an applicant’s investigation file contains an assortment of information, only some of which must be protected.
2
*440
(Gov. Code, § 31011; Lab. Code, § 1198.5;
Government Code section 6259 directs a court: “Whenever it is made to appear by verified petition to the superior court of the county where the records ... are situated that certain public records are being improperly withheld from a member of the public, the court shall order the officer or person charged with withholding the records to disclose the public record or show cause why he should not do so. The court shall decide the case after examining the record in camera, if permitted by subdivision (b) of Section 915 of the Evidence Code, papers filed by the parties and such oral argument and additional evidence as the court may allow.... ”
We recognize that Evidence Code section 915, subdivision (b), is permissive and that the decision whether or not to hold an
in camera
hearing is committed to the sound discretion of the trial court. However, the burden of demonstrating the need for confidentiality of
all
of the materials in a file or document which is not expressly exempted rests on the agency claiming the privilege. If an
in camera
hearing pursuant to Evidence Code section 915, subdivision (b), is the only means available to the agency to meet its burden, then it is an abuse of discretion not to hold such a hearing to segregate nonprivileged material. (See
In re Muszalski
(1975)
*441 The cause is remanded to the trial court for further proceedings in accordance with the views expressed herein.
Barry-Deal, J., and Anello, J., * concurred.
Notes
One of respondent’s, theories at trial was that the records sought were a personnel file, exempt pursuant to Government Code section 6254, subdivision (c): “[p]ersonnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy.” Respondent has abandoned that theory on appeal, perhaps in recognition that disclosure to an individual of his own personnel file, edited to protect *438 confidential sources, would not constitute an invasion of that individual’s own privacy. Respondent may also have abandoned its characterization of these records as a personnel file because Government Code section 31011 gives every county employee the right to inspect and review every official record relating to his or her performance as an employee, with the possible exception of letters of reference.
For example, it is likely that an investigation of an applicant for the position of deputy sheriff includes obtaining the applicant’s criminal arrest record. Since the applicant has the right to obtain such records from the state or local police (Pen. Code, §§ 11105, 11120 et seq., 11140 et seq., 13300 et seq.), it would be unreasonable for a court to deny disclosure of the item on the theory that the item was obtained only by an implicit or explicit understanding it would not be disclosed to the applicant.
Assigned by the Chairperson of the Judicial Council.