Amended in Senate April 24, 2013

Senate BillNo. 313


Introduced by Senator De León

(Principal coauthor: Assembly Member Alejo)

(Coauthor: Senator Lieu)

February 15, 2013


An act to add Section 3305.5 to the Government Code, relating to public employment.

LEGISLATIVE COUNSEL’S DIGEST

SB 313, as amended, De León. Public Safety Officers Procedural Bill of Rights Act.

The Public Safety Officers Procedural Bill of Rights Act prohibits any punitive action, or denial of promotion on grounds other than merit, against a public safety officer, as defined, without providing the officer with specified administrative procedural protections, including, but not limited to, the officer’s right to inspect his or her own personnel file and an opportunity for the officer to file an administrative appeal under certain conditions.

This bill would prohibit a public agency from taking punitive action, or denying promotion on grounds other than merit, against a public safety officer, because the officer’s name was placed on a “Brady list,” as defined. The bill would further prohibit the introduction of any evidence in an administrative appeal of a punitive actionbegin delete or a civil proceeding between the public safety officer and an office or public agencyend delete that the officer’s name was placed on a Brady list, except as provided. The bill would specifically not prohibit a public agency from taking punitive or personnel action against a public safety officer based on the underlying acts or omissions for which that officer’s name was placed on the Brady list.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 3305.5 is added to the Government Code,
2to read:

3

3305.5.  

(a) A punitive action, or denial of promotion on
4grounds other than merit, shall not be undertaken by any public
5agency against any public safety officer because that officer’s
6name has been placed on a Brady list, or that the officer’s name
7may otherwise be subject to disclosure pursuant to Brady v.
8Maryland (1963) 373 U.S. 83.

9(b) This section shall not prohibit a public agency from taking
10punitive action, denying promotion on grounds other than merit,
11or taking other personnel action against a public safety officer
12based on the underlying acts or omissions for which that officer’s
13name was placed on a Brady list, or may otherwise be subject to
14disclosure pursuant to Brady v. Maryland (1963) 373 U.S. 83, if
15the actions taken by the public agency otherwise conform to this
16chapter and to the rules and procedures adopted by the local
17agency.

18(c) Evidence that a public safety officer’s name has been placed
19on a Brady list, or may otherwise be subject to disclosure pursuant
20to Brady v. Maryland (1963) 373 U.S. 83, shall not be introduced
21for any purpose in any administrative appeal of a punitive action,
22begin delete or in any civil proceeding between the officer and an office or
23public agency,end delete
except as provided in subdivision (d).

24(d) Evidence that a public safety officer’s name was placed on
25a Brady list may only be introduced if, during the administrative
26appeal of a punitive action against an officer, the underlying act
27or omission for which that officer’s name was placed on a Brady
28list is proven and the officer is found to be subject to some form
29of punitive action. Evidence that a public safety officer’s name
30was placed on a Brady list pursuant to this subdivision shall only
31be used for the sole purpose of determining the type or level of
32punitive action to be imposed.

P3    1(e) For purposes of this section, “Brady list” means any system,
2index, list, or other record containing the names of peace officers
3whose personnel files are likely to contain evidence of dishonesty
4or bias, which is maintained by a prosecutorial agency or office
5in accordance with the holding in Brady v. Maryland (1963) 373
6U.S. 83.



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