BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1032|
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                                 THIRD READING


          Bill No:  SB 1032
          Author:   Wright (D)
          Amended:  4/27/10
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 4/13/10
          AYES:  Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,  
            Wright

           SENATE APPROPRIATIONS COMMITTEE  :  10-0, 5/27/10
          AYES:  Kehoe, Alquist, Corbett, Denham, Leno, Price,  
            Walters, Wolk, Wyland, Yee
          NO VOTE RECORDED:  Cox


           SUBJECT  :    Office of the Inspector General:  Public Safety  
          Officers 
                      Procedural Bill of Rights

           SOURCE  :     California Correctional Supervisors  
          Organization


           DIGEST  :    This bill provides that the enforcement  
          provisions contained in subdivision (a) to (d) inclusive of  
          Section 3309.5 of the Government Code, pertaining to  
          violations of the Public Safety Officers Procedural Bill of  
          Rights Act, will apply to the Inspector General.  

           ANALYSIS  :    Existing law establishes the Office of the  
          Inspector General for the purpose of conducting audits and  
          investigations of the Department of Corrections and  
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          Rehabilitation, as specified.  Under existing law, the  
          Inspector General may require any employee of the  
          department to be interviewed on a confidential basis.   
          Existing law provides that it is not the purpose of these  
          communications to address disciplinary action or grievance  
          procedures that may routinely occur and that if it appears  
          that the facts of the case could lead to punitive action,  
          the Inspector General shall be subject to specified  
          provisions governing interrogations and investigations of  
          public safety officers.

          This bill provides that the enforcement provisions  
          contained in Section 3309.5 of the Government Code,  
          pertaining to violations of the Public Safety Officers  
          Procedural Bill of Rights Act, will apply to the Inspector  
          General.  These provisions establish jurisdiction for any  
          claimed violation in the Superior Court and provide a  
          variety of civil remedies that a court may grant to address  
          any violation.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

           Major Provisions     2010-11      2011-12     2012-13         Fund  

          Enforcement provisions        Likely minor litigation  
          costsGeneral

           SUPPORT  :   (Verified  5/27/10)

          California Correctional Supervisors Organization (source)
          California Narcotics Officers' Association
          California Peace Officers' Association
          California Police Chiefs' Association


           ARGUMENTS IN SUPPORT  :    According to the author:  "This  
          bill will correct a flaw in the original legislation  
          creating the Office of Inspector General (OIG). In the  
          original legislation the Peace Officers Bill of Rights  







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          (POBR) was referenced requiring the OIG to follow the  
          provisions of POBR; however the original drafters left off  
          the enforcement section of POBR rendering the requirement  
          of the OIG to comply with POBR, with no penalty for not  
          following it. In a recent court case the Judge noted that  
          while the OIG violated the provisions of POBR, because the  
          penalty section was omitted there was no legal remedy for  
          this violation. The court further indicated that the OIG  
          should have followed POBR."


          RJG:mw  5/27/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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