Amended in Assembly September 6, 2013

Amended in Senate April 24, 2013

Senate Bill No. 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 action 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:

SECTION 1.  

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

3305.5.  

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

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

(c) Evidence that a public safety officer’s name has been placed
on a Brady list, or may otherwise be subject to disclosure pursuant
to Brady v. Maryland (1963) 373 U.S. 83, shall not be introduced
for any purpose in any administrative appeal of a punitive action,
except as provided in subdivision (d).

(d) Evidence that a public safety officer’s name was placed on
a Brady list may only be introduced if, during the administrative
appeal of a punitive action against an officer, the underlying act
or omission for which that officer’s name was placed on a Brady
list is proven and the officer is found to be subject to some form
of punitive action. begin delete Evidence that a public safety officer’s name
was placed on a Brady list pursuant to this subdivision shall only
be used for the sole purpose of determining the type or level of
punitive action to be imposed. end delete begin insert If the hearing officer or other
administrative appeal tribunal finds or determines that a public
safety officer has committed the underlying acts or omissions that
will result in a punitive action, denial of a promotion on grounds
other than merit, or any other adverse personnel action, and
evidence exists that a public safety officer’s name has been placed
on a Brady list, or may otherwise be subject to disclosure pursuant
to Brady v. Maryland (1963) 373 U.S. 83, then the evidence shall
be introduced for the sole purpose of determining the type or level
of punitive action to be imposed. end insert

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