SUBJECT:

Subpoenas of Employment Records

This notice is provided as an update and to highlight new legislation, effective
January 1, 1996, that clarifies an employer's obligation to protect employee
privacy when employment records are subpoenaed. The California Code of Civil
Procedure, Section 1985.6, requires that the "Subpoenaing party" who issues a
subpoena for employment records must either:

*provide the employer with a written release signed by the employee or
the employee's attorney; or

*provide the employer with a copy of the proof of personal service or
service by mail.

An employer may refuse to produce the records sought if the subpoenaing party
fails to comply with these legal requirements.

Any employee whose employment records are sought by a subpoena may, prior to the
date for production, bring a motion under Section 1987.1 to quash or modify the
subpoena. In that instance, an employer is not required to produce the
employment records unless the court orders production, or the parties, the
witnesses, and the affected employee agree to do so. Since an employee has
until the date the documents are to be produced to file an objection, the
employment records requested should not be produced until the deadline stated in
the subpoena. If, however, the employer has been provided with a written
release signed by the employee or the employee's attorney, the employment
records may be released prior to the deadline stated in the subpoena.

Please refer to the following documents for designated office of records and
general guidance in handling subpoenas: Policy and Procedures Manual (PPM),
Records Disposition Schedule, Section 480.20, for a listing of UCSD designated
Office of Records; and the UC Business and Finance Bulletin RMP-10, Instructions
for Responding to Subpoena.

If you have questions, please contact Jonnie Craig via electronic mail at
jcraig@ucsd or at extension 49659.

Rogers Davis Assistant Vice Chancellor - Human Resources