BILL NUMBER: AB 651	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 9, 2015
	AMENDED IN ASSEMBLY  MARCH 17, 2015

INTRODUCED BY   Assembly Member Cooper

                        FEBRUARY 24, 2015

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 651, as amended, Cooper. Public safety  officers:
  officers and firefighters:  investigations and
interviews.
   The  Firefighters Procedural   Bill of Rights Act and
the  Public Safety Officers Procedural Bill of Rights Act
 grants   grant  certain rights to 
firefighters and  public safety officers, as defined. The
 act requires   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,   that  are likely
to result in punitive action, the  act grants a 
 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  act prohibits   acts prohibit 
requiring the representative to make certain disclosures or
subjecting the representative to punitive action for refusing to make
those disclosures. 
   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.  
   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. 
   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.  (a) In an investigation to which Section 3253 applies
that focuses on matters that may result in punitive action against a
firefighter who is not formally under investigation but is
interviewed as a witness regarding an investigation of another
firefighter, the firefighter who is a witness may have representation
in the interview when representation has been mutually agreed upon
by one of the methods described in subdivision (b). If representation
has been mutually agreed upon, 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.
   (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 pursuant
to an action by the governing body or by mutual agreement between the
governing body and recognized bargaining unit, or limit the ability
of the parties to negotiate and agree to a higher standard of rights
or privileges. 
   SECTION 1.   SEC. 2.   Section 3303.5 is
added to the Government Code, to read:
   3303.5.  (a)  If   In  an investigation
to which Section 3303 applies  that  focuses on matters that
may result in punitive action against a public safety officer who is
not formally under investigation but is interviewed  as a
witness  regarding  the   an 
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.
  the public safety officer who is a witness may have
representation in the interview when representation has been mutually
agreed upon by one of the methods described in subdivision (b).
 If  this right is granted,  
representation has been mutually agreed upon,  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
pursuant to an action by the governing body or by mutual agreement
between the governing body and recognized bargaining unit,  or
limit the ability  of the parties  to negotiate and agree to
a higher standard of rights or privileges.