BILL NUMBER: AB 2846	CHAPTERED  07/12/02

	CHAPTER  170
	FILED WITH SECRETARY OF STATE  JULY 12, 2002
	APPROVED BY GOVERNOR  JULY 11, 2002
	PASSED THE ASSEMBLY  JULY 1, 2002
	PASSED THE SENATE  JUNE 27, 2002
	AMENDED IN SENATE  JUNE 3, 2002
	AMENDED IN ASSEMBLY  APRIL 23, 2002

INTRODUCED BY   Assembly Member Frommer

                        FEBRUARY 25, 2002

   An act to add Section 3312 to the Government Code, relating to
public safety officers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2846, Frommer.  Public safety officers:  American flag.
   The Public Safety Officers Procedural Bill of Rights Act provides
that no punitive action, nor denial of promotion on grounds other
than merit, shall be undertaken by a public agency without providing
the public safety officer with an opportunity for an administrative
appeal.  The act specifies, among other matters, procedures that are
required in connection with an interrogation and investigation of a
public safety officer.
   This bill would provide that, notwithstanding any other provision
of law, the employer of a public safety officer may not take any
punitive action against an officer for wearing a pin or displaying
any other item containing the American flag, unless the employer
gives the officer written notice stating that the pin or other item
violates an existing rule, regulation, policy, or local agency
agreement or contract identifying that rule, regulation, policy, or
local agency agreement or contract, and stating that the officer may
file an appeal against the employer challenging the alleged
violation.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds and declares both of the
following:
   (a) In the aftermath of the terrorist attacks on the World Trade
Center in New York City and on the Pentagon in Washington, D.C., on
September 11, 2001, police and other public safety officers wish to
join with other Americans in expressing their grief over this
horrific tragedy by wearing pins or displaying other items containing
the American flag.
   (b) The Legislature, by enacting this act, intends to prohibit
punitive action against a public safety officer for wearing a pin or
displaying any other item containing the American flag unless the
officer has been given specified notice and warning that this action
violates an existing rule, regulation, policy, or local agency
agreement or contract.
  SEC. 2.  Section 3312 is added to the Government Code, to read:
   3312.  Notwithstanding any other provision of law, the employer of
a public safety officer may not take any punitive action against an
officer for wearing a pin or displaying any other item containing the
American flag, unless the employer gives the officer written notice
that includes all of the following:
   (a) A statement that the officer's pin or other item violates an
existing rule, regulation, policy, or local agency agreement or
contract regarding the wearing of a pin, or the displaying of any
other item, containing the American flag.
   (b) A citation to the specific rule, regulation, policy, or local
agency agreement or contract that the pin or other item violates.
   (c) A statement that the officer may file an appeal against the
employer challenging the alleged violation pursuant to applicable
grievance or appeal procedures adopted by the department or public
agency that otherwise comply with existing law.