BILL ANALYSIS Ó SB 313 Page 1 SENATE THIRD READING SB 313 (De León) As Amended September 6, 2013 Majority vote SENATE VOTE :32-2 PUBLIC SAFETY 4-1 ----------------------------------------------------------------- |Ayes:|Melendez, Jones-Sawyer, | | | | |Skinner, Waldron | | | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Ammiano | | | | | | | | ----------------------------------------------------------------- SUMMARY : Prohibits any public agency from taking any punitive action against a public safety officer or denying a promotion on grounds other than merit of an officer because he or she is placed on a "Brady list," as specified. Specifically, this bill : 1)Provides that 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 solely 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, 373 U.S. 83 (1963). 2)States that this section does 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, 373 U.S. 83 (1963), if the actions taken by the public agency otherwise conform to this chapter and to the rules and procedures adopted by the local agency. 3)Prohibits the introduction of 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, 373 U.S. 83 (1963) in any administrative appeal of a SB 313 Page 2 punitive action. 4)Provides that 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 the officer's name was placed on a Brady list is proven and the officer is subject to some form of punitive action. If the hearing officer or other administrative appeal tribunal finds or determines that a public safety officer has committed the underlying acts of 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. 5)Defines a "Brady list" as 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 to Brady v. Maryland, 373 U.S. 83 (1963). EXISTING LAW : 1)Creates the Public Safety Officers Procedural Bill of Rights (POBOR). 2)States that, for purposes of the POBOR, "punitive action" means any action which may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment. 3)States that no public safety officer shall be subjected to punitive action, or denied promotion, or be threatened with any such treatment, because of the lawful exercise of the rights granted under POBOR, or the exercise of any rights under any existing administrative grievance procedure. 4)States that nothing in this section shall preclude a head of an agency from ordering a public safety officer to cooperate with other agencies involved in criminal investigations. If SB 313 Page 3 an officer fails to comply with such an order, the agency may officially charge him or her with insubordination. 5)States that no punitive action, nor denial of promotion on grounds other than merit, shall be undertaken by any public agency against any public safety officer who has successfully completed the probationary period that may be required by his or her employing agency without providing the public safety officer with an opportunity for administrative appeal. 6)States that no chief of police may be removed by a public agency, or appointing authority, without providing the chief of police with written notice and the reason or reasons therefor and an opportunity for administrative appeal. 7)States that, except as provided, no punitive action, nor denial of promotion on grounds other than merit, shall be undertaken for any act, omission, or other allegation of misconduct if the investigation of the allegation is not completed within one year of the public agency's discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or other misconduct. 8)States that if, after investigation and any pre-disciplinary response or procedure, the public agency decides to impose discipline, the public agency shall notify the public safety officer in writing of its decision to impose discipline, including the date that the discipline will be imposed, within 30 days of its decision, except if the public safety officer is unavailable for discipline. 9)States that notwithstanding the general one year time period limitation, an investigation may be reopened against a public safety officer if significant new evidence has been discovered that is likely to affect the outcome of the investigation and either the evidence could not reasonably have been discovered in the normal course of investigation without resorting to extraordinary measures by the agency or the evidence resulted from the public safety officer's pre-disciplinary response or procedure. FISCAL EFFECT : None. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS : According to the author, "Senate Bill 313 address the SB 313 Page 4 disturbing trend under which law enforcement agencies take punitive actions against their officers based solely on the officers' inclusion on 'Brady' Lists, without regard to the facts in an investigation. Senate Bill 313 would prohibit any public agency from taking action against a public safety officer, on grounds other than the merit of an officer, because he or she is placed on a Brady List. "Numerous officers have been subject to punitive action or denied promotions based on their placement on the Brady List for alleged misconduct, even if the misconduct did not actually occur. "Without uniform criteria for placement on the Brady List across counties, public safety officers should be evaluated based on the underlying reasons they are being investigated. "SB 313 will not prohibit a public agency from taking action against an officer based on the underlying acts for which that officer's name was placed on the Brady List. "It simply ensures that peace officers are fairly evaluated based on their actions and are afforded due process in employment decisions." Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0002521