BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1032
                                                                  Page  1

          Date of Hearing:   August 4, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   SB 1032 (Wright) - As Amended:  April 27, 2010 

          Policy Committee:                             Public  
          SafetyVote:6-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill specifies that enforcement provisions of the Peace  
          Officer Bill of Rights (POBOR), which make it unlawful for a  
          public safety department to deny a public safety officer  
          specified rights and protections concerning interrogations and  
          investigations, also apply to the Office of the Inspector  
          General (OIG). 

           FISCAL EFFECT  

          Unknown, potentially moderate annual GF costs, to the extent  
          this bill results in additional legal costs for the state. Costs  
          would depend on the number and quality of cases lodged against  
          the OIG.  

           COMMENTS  

           1)Rationale  . The author contends this bill corrects an anomaly  
            in current law by which the enforcement provisions of POBOR do  
            not apply to the OIG, even though the OIG is subject to the  
            provisions of POBOR relating to the investigation of officers.  


           2)Background. 

             a)   Current law establishes POBOR  , which provides procedural  
               protections for peace officers in employment-related  
               matters. Current law specifies it is unlawful for a public  
               safety department to deny a public safety officer the  
               rights and protections guaranteed under POBOR and that the  
               superior court shall have initial jurisdiction over any  








                                                                  SB 1032
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               proceeding brought by any public safety officer against any  
               public safety department for alleged violations of the  
               POBOR. 


                  Upon a finding by a superior court that a public safety  
               department or its employees violated provisions of POBOR  
               with the intent to injure a public safety officer, the  
               public safety department shall be liable for a civil  
               penalty not to exceed twenty-five thousand dollars  
               ($25,000) to be awarded to the public safety officer whose  
               right or protection was denied. If the court so finds, and  
               there is sufficient evidence to establish actual damages  
               suffered by the officer whose right or protection was  
               denied, the public safety department shall also be liable  
               for the amount of the actual damages. (Gov Code 3309.5) 


              b)   Current law establishes the OIG  to conduct audits and  
               investigations of the Department of Corrections and  
               Rehabilitation (CDCR). The OIG may require any employee of  
               the department to be interviewed on a confidential basis.  
               Current law specifies it is not the purpose of these  
               communications to address disciplinary action or grievance  
               procedures that may occur, and that if it appears the facts  
               of the case could lead to punitive action, the IG is  
               subject to POBOR provisions governing investigations of  
               public safety officers. (PC 6126.5) 


                  PC 6126.5, however, does not include a cross reference  
               to the enforcement provisions of POBOR. 


           3)This bill  specifies the enforcement provisions contained in  
            Gov Code 3309.5(a)(b)(c)(d) pertaining to POBOR violations,  
            apply to the OIG. 


           4)Opposition  . The OIG opposes this bill, stating it is  
            unnecessary and could prove costly, to the extent it results  
            in additional officer lawsuits against the OIG. According to  
            IG David Shaw, "This bill is unnecessary because there are  
            several existing safeguards and remedies available to a public  
            safety officer at the CDCR who believes his/her rights may  








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            have been violated by the OIG. 


            "As required by statute, the OIG conducts investigations of  
            CDCR public safety officers in conformity with POBOR, and  
            fully believes that it should do so. With the exception of the  
            failed complaint filed by CCSO (CA Correctional Supervisors  
            Association), the source of this bill, the OIG has not been  
            subjected to any complaints from other employee unions or  
            organizations, including SEIU or CCPOA in this regard." 



           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081