Amended in Assembly April 9, 2015

Amended in Assembly March 17, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 651


Introduced by Assembly Member Cooper

February 24, 2015


An act to addbegin delete Sectionend deletebegin insert Sections 3253.5 andend insert 3303.5 to the Government Code, relating to public employment.

LEGISLATIVE COUNSEL’S DIGEST

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

Thebegin insert Firefighters Procedural end insertbegin insertBill of Rights Act and theend insert Public Safety Officers Procedural Bill of Rights Actbegin delete grantsend deletebegin insert grantend insert certain rights tobegin insert firefighters andend insert public safety officers, as defined. Thebegin delete act requiresend deletebegin insert acts requireend insert that, when abegin insert firefighter orend insert 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 mattersbegin insert that, in the case of a firefighter, may result in punitive action or, in the case of a public safety officer,end insertbegin delete thatend delete are likely to result in punitive action, thebegin delete act grants aend deletebegin insert acts grant the firefighter orend 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. Thebegin delete act prohibitsend deletebegin insert acts prohibitend insert requiring the representative to make certain disclosures or subjecting the representative to punitive action for refusing to make those disclosures.

begin insert

This bill, in an investigation that focuses on matters that may result in punitive action against a firefighter or public safety officer who is not formally under investigation but is interviewed as a witness in an investigation of another firefighter or public safety officer, would authorize the firefighter or public safety officer who is a witness to have representation in the interview, as specified.

end insert
begin delete

This bill would authorize an employing public agency to grant the right of representation, described above, to a public safety officer if an interview regarding the investigation of another public safety officer focuses on matters that may result in punitive action against the officer who is not formally under investigation.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 3253.5 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
2to read:end insert

begin insert
3

begin insert3253.5.end insert  

(a) In an investigation to which Section 3253 applies
4that focuses on matters that may result in punitive action against
5a firefighter who is not formally under investigation but is
6interviewed as a witness regarding an investigation of another
7firefighter, the firefighter who is a witness may have representation
8in the interview when representation has been mutually agreed
9upon by one of the methods described in subdivision (b). If
10representation has been mutually agreed upon, the firefighter may
11choose a representative who is reasonably available to represent
12the firefighter at an interview that has been reasonably scheduled
13and the representative shall be permitted to be present at all times
14during the interview. The representative shall not be a person
15subject to the same investigation. The representative shall not be
16required to disclose, or be subject to punitive action for refusing
17to disclose, any information received from the firefighter being
18interviewed as part of the investigation for noncriminal matters.

19(b) This section shall not be construed to impair any right or
20privilege established pursuant to a memorandum of understanding
21between a public agency and a recognized bargaining unit or
22pursuant to an action by the governing body or by mutual
23agreement between the governing body and recognized bargaining
P3    1unit, or limit the ability of the parties to negotiate and agree to a
2higher standard of rights or privileges.

end insert
3

begin deleteSECTION 1.end delete
4begin insertSEC. 2.end insert  

Section 3303.5 is added to the Government Code, to
5read:

6

3303.5.  

(a) begin deleteIf end deletebegin insertIn end insertan investigation to which Section 3303 applies
7begin insert thatend insert focuses on matters that may result in punitive action against
8a public safety officer who is not formally under investigation but
9is interviewedbegin insert as a witnessend insert regardingbegin delete theend deletebegin insert anend insert investigation of another
10public safety officer,begin delete a public agency may grant the public safety
11officer being interviewed the right to be represented by a
12representative of his or her choice.end delete
begin insert the public safety officer who is
13a witness may have representation in the interview when
14representation has been mutually agreed upon by one of the
15methods described in subdivision (b).end insert
Ifbegin delete this right is granted,end delete
16begin insert representation has been mutually agreed upon,end insert the public safety
17officer may choose a representative who is reasonably available
18to represent the public safety officer at an interview that has been
19reasonably scheduled and the representative shall be permitted to
20be present at all times during the interview. The representative
21shall not be a person subject to the same investigation. The
22representative shall not be required to disclose, or be subject to
23punitive action for refusing to disclose, any information received
24from the public safety officer being interviewed as part of the
25investigation for noncriminal matters.

26(b) This section shall not be construed to impair any right or
27privilege established pursuant to a memorandum of understanding
28between a public agency and a recognized bargaining unitbegin insert or
29pursuant to an action by the governing body or by mutual
30agreement between the governing body and recognized bargaining
31unit,end insert
or limit the abilitybegin insert of the partiesend insert to negotiate and agree to a
32higher standard of rights or privileges.



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