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The Honorable Arnold Schwarzenegger Governor, State of California State Capitol Sacramento, CA 95814 Dear Governor Schwarzenegger, I request your VETO of AB 1707, which would unreasonably expand employee access to personnel records and establish new employer liability. Current law provides employees with the right to right to inspect their personnel records at reasonable intervals and at reasonable times, and sets forth the consequences to employers for failure to comply. Current law does not require an employer to maintain personnel records nor does it define what constitutes a “personnel record.” Because there is no uniform definition of a “personnel record,” the employer is left to guess what documents must be provided leaving the employer wide open to being harassed or sued. Requests for copies of any records should be made in writing. In a small mom-and-pop store, an "oral" request and "21 calendar days" might be fine. But in large companies we need a process where the request for the records is put in writing and dated. Otherwise, the employer is at risk of the employee or their representative making oral, random requests that start the clock on the 21 days until the employee and his representative can start collecting penalties, costs and attorneys' fees. I am concerned that this proposal may place undue burden on employers to change their current recordkeeping and document access processes and procedures. Many employers maintain personnel records electronically in a central location, and may provide access electronically. This bill does not recognize this technology. The penalties and injunctive relief provisions of AB 1707 are excessive. These sanctions will encourage unscrupulous behavior such as a scenario where employees and their representatives make multiple requests, oral and in writing, and then sit back and wait for the 21 calendar days to run. For these reasons and more, I request your VETO of AB 1707 when it comes before you for consideration.