BILL NUMBER: AB 651	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 17, 2015

INTRODUCED BY   Assembly Member Cooper

                        FEBRUARY 24, 2015

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 651, as amended, Cooper. Public safety  officers and
firefighters:   officers:  investigations and
interviews.
   The  Firefighters Procedural Bill of Rights Act and the
 Public Safety Officers Procedural Bill of Rights Act
 grant   grants  certain rights to 
firefighters and  public safety officers, as defined. The
 acts require   act requires  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,   that  are likely
to result in punitive action, the  acts grant the
firefighter or   act grants a  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   act
prohibits  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,   may  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 1.   Section 3303.5 is
added to the Government Code, to read:
   3303.5.   (a)    If an investigation to which
Section 3303 applies focuses on matters that  are likely to
  may  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. 
   (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.