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
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|Ayes:|Melendez, Jones-Sawyer, | | |
| |Skinner, Waldron | | |
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|Nays:|Ammiano | | |
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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
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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
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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
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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