BILL NUMBER: AB 651	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Cooper

                        FEBRUARY 24, 2015

   An act to add Sections 3253.5 and 3303.5 to the Government Code,
relating to public employment.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 3253.5 is added to the Government Code, to
read:
   3253.5.  If an investigation to which Section 3253 applies focuses
on matters that may result in punitive action against a firefighter
who is not formally under investigation but is interviewed regarding
the investigation of another firefighter, a public agency may grant
the firefighter being interviewed the right to be represented by a
representative of his or her choice. If this right is granted, the
firefighter may choose a representative who is reasonably available
to represent the firefighter at an interview that has been reasonably
scheduled and the representative shall be permitted to be present at
all times during the interview. The representative shall not be a
person subject to the same investigation. The representative shall
not be required to disclose, or be subject to punitive action for
refusing to disclose, any information received from the firefighter
being interviewed as part of the investigation for noncriminal
matters.
  SEC. 2.  Section 3303.5 is added to the Government Code, to read:
   3303.5.  If an investigation to which Section 3303 applies focuses
on matters that are likely to result in punitive action against a
public safety officer who is not formally under investigation but is
interviewed regarding the investigation of another public safety
officer, a public agency may grant the public safety officer being
interviewed the right to be represented by a representative of his or
her choice. If this right is granted, the public safety officer may
choose a representative who is reasonably available to represent the
public safety officer at an interview that has been reasonably
scheduled and the representative shall be permitted to be present at
all times during the interview. The representative shall not be a
person subject to the same investigation. The representative shall
not be required to disclose, or be subject to punitive action for
refusing to disclose, any information received from the public safety
officer being interviewed as part of the investigation for
noncriminal matters.