AB 651, as amended, 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, 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, wouldbegin delete authorizeend deletebegin insert grantend insert the firefighter or public safety officer who is a witnessbegin insert the rightend insert to have representation in thebegin delete interview, as specified.end deletebegin insert
interview at the time that he or she has reasonable cause to believe that the interrogation may result in punitive action against him or her. If the firefighter or public safety officer requests representation and the request is denied, the bill would prohibit statements taken after the request is made from being used against the firefighter or public safety officer in a disciplinary proceeding or in determining or imposing a punitive action.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 3253.5 is added to the Government Code,
2to read:
(a) begin insert(1)end insertbegin insert end insert In an investigation to which Section 3253
4applies that focuses on matters that may result in punitive action
5against a firefighter who is not formally under investigation but is
6interviewed as a witness regarding an investigation of another
7firefighter, the firefighter who is a witnessbegin delete mayend deletebegin insert shallend insert havebegin insert
the right
8toend insert representation in the interviewbegin delete when representation has been begin insert at the time that the witness firefighter has reasonable cause to
9mutually agreed upon by one of the methods described in
10subdivision (b). If representation has been mutually agreed upon,
11theend delete
12believe that the interrogation may result in punitive action against
13him or her. Theend insert firefighter may choose a representative who is
14reasonably available to represent the firefighter at an interview
15that has been reasonably scheduled and the representative shall be
16permitted to be present at all times during the interview. The
17representative shall not be a person subject to the same
18investigation. The representative shall not be required
to disclose,
19or be subject to punitive action for refusing to disclose, any
P3 1information received from the firefighter being interviewed as part
2of the investigation for noncriminal matters.
3
(2) If a firefighter requests representation in an interview,
4pursuant to paragraph (1), and the request is denied, statements
5taken during the interview after the request is made shall not be
6used against the firefighter in a disciplinary proceeding and shall
7not be used in determining or imposing a punitive action against
8the firefighter.
9(b) This section shall not be construed to impair any right or
10privilege established pursuant to a memorandum of understanding
11between a public agency and a recognized bargaining unit or
12pursuant to an
action by the governing body or by mutual
13agreement between the governing body and recognized bargaining
14unit, or limit the ability of the parties to negotiate and agree to a
15higher standard of rights or privileges.
Section 3303.5 is added to the Government Code, to
17read:
(a) begin insert(1)end insertbegin insert end insert In an investigation to which Section 3303
19applies that focuses on matters that may result in punitive action
20against a public safety officer who is not formally under
21investigation but is interviewed as a witness regarding an
22investigation of another public safety officer,
the public safety
23officer who is a witnessbegin delete mayend deletebegin insert shallend insert havebegin insert the right toend insert representation
24in the interviewbegin delete when representation has been mutually agreed begin insert at the time that
25upon by one of the methods described in subdivision (b). If
26representation has been mutually agreed upon, theend delete
27the witness public safety officer has reasonable cause to believe
28that the interrogation may result in punitive action against him or
29her. Theend insert public safety officer may choose a
representative who is
30reasonably available to represent the public safety officer at an
31interview that has been reasonably scheduled and the representative
32shall be permitted to be present at all times during the interview.
33The representative shall not be a person subject to the same
34investigation. The representative shall not be required to disclose,
35or be subject to punitive action for refusing to disclose, any
36information received from the public safety officer being
37interviewed as part of the investigation for noncriminal matters.
38
(2) If a public safety officer requests representation in an
39interview, pursuant to paragraph (1), and the request is denied,
40statements taken during the interview after the request is made
P4 1shall not be used against the public safety officer in a disciplinary
2proceeding
and shall not be used in determining or imposing a
3punitive action against the public safety officer.
4(b) This section shall not be construed to impair any right or
5privilege established pursuant to a memorandum of understanding
6between a public agency and a recognized bargaining unit or
7pursuant to an action by the governing body or by mutual
8agreement between the governing body and recognized bargaining
9unit, or limit the ability of the parties to negotiate and agree to a
10higher standard of rights or privileges.
O
96