AB 651, as introduced, Cooper. Public safety officers and firefighters: investigations and interviews.
The Firefighters Procedural Bill of Rights Act and the Public Safety Officers Procedural Bill of Rights Act grant certain rights to firefighters and public safety officers, as defined. The acts require that, when a firefighter or public safety officer is under investigation and is interrogated by his or her commanding officer, or another member of the employing agency, on matters than that could lead to punitive action, the interrogation be conducted under certain conditions. Upon the filing of a formal written statement of charges or when an interrogation focuses on matters that, in the case of a firefighter, may result in punitive action or, in the case of a public safety officer, are likely to result in punitive action, the acts grant the firefighter or public safety officer a right to be represented by a person of his or her choice, except as specified, who may be present at all times during the interrogation. The acts prohibit requiring the representative to make certain disclosures or subjecting the representative to punitive action for refusing to make those disclosures.
This bill would authorize an employing public agency to grant the right of representation, described above, to a firefighter or public safety officer if an interview regarding the investigation of another firefighter or public safety officer focuses on matters that may, or are likely to, result in punitive action against the firefighter or officer who is not formally under investigation.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 3253.5 is added to the Government Code,
2to read:
If an investigation to which Section 3253 applies
4focuses on matters that may result in punitive action against a
5firefighter who is not formally under investigation but is
6interviewed regarding the investigation of another firefighter, a
7public agency may grant the firefighter being interviewed the right
8to be represented by a representative of his or her choice. If this
9right is granted, the firefighter may choose a representative who
10is reasonably available to represent the firefighter at an interview
11that has been reasonably scheduled and the representative shall be
12permitted to be present at all times during the interview. The
13representative shall not be a person subject to the same
14investigation. The representative shall not be required to disclose,
15or be subject to punitive action for refusing to disclose, any
16information
received from the firefighter being interviewed as part
17of the investigation for noncriminal matters.
Section 3303.5 is added to the Government Code, to
19read:
If an investigation to which Section 3303 applies
21focuses on matters that are likely to result in punitive action against
22a public safety officer who is not formally under investigation but
23is interviewed regarding the investigation of another public safety
24officer, a public agency may grant the public safety officer being
25interviewed the right to be represented by a representative of his
26or her choice. If this right is granted, the public safety officer may
27choose a representative who is reasonably available to represent
28the public safety officer at an interview that has been reasonably
29scheduled and the representative shall be permitted to be present
30at all times during the interview. The representative shall not be a
31person subject to the same investigation. The representative shall
32not be required to disclose, or be subject to
punitive action for
P3 1refusing to disclose, any information received from the public
2safety officer being interviewed as part of the investigation for
3noncriminal matters.
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