Amended in Assembly March 17, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 651

Introduced by Assembly Member Cooper

February 24, 2015

An act to add begin delete Sections 3253.5 and end delete begin insert Section end insert 3303.5 to the Government Code, relating to public employment.

LEGISLATIVE COUNSEL’S DIGEST

AB 651, as amended, Cooper. Public safety begin delete officers and firefighters: end delete begin insert officers: end insert investigations and interviews.

The begin delete Firefighters Procedural Bill of Rights Act and the end delete Public Safety Officers Procedural Bill of Rights Act begin delete grant end delete begin insert grants end insert certain rights to begin delete firefighters and end delete public safety officers, as defined. The begin delete acts require end delete begin insert act requires end insert that, when a begin delete firefighter or end delete 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 begin delete that, in the case of a firefighter, may result in punitive action or, in the case of a public safety officer, end delete begin insert that end insert are likely to result in punitive action, the begin delete acts grant the firefighter or end delete begin insert act grants a end insert 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 begin delete acts prohibit end delete begin insert act prohibits end insert 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 begin delete firefighter or end delete public safety officer if an interview regarding the investigation of another begin delete firefighter or end delete public safety officer focuses on matters that begin delete may, or are likely to, end delete begin insert may end insert result in punitive action against the begin delete firefighter or end delete 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:

begin delete

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.

end delete

begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

Section 3303.5 is added to the Government Code,
to read:

3303.5.  

begin insert (a) end insert begin insert   end insert If an investigation to which Section 3303 applies
focuses on matters that begin delete are likely to end delete begin insert may end insert 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.

begin insert

(b) This section shall not be construed to impair any right or
privilege established pursuant to a memorandum of understanding
between a public agency and a recognized bargaining unit or limit
the ability to negotiate and agree to a higher standard of rights
or privileges.

end insert