BILL NUMBER: AB 651	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 31, 2016
	AMENDED IN ASSEMBLY  APRIL 9, 2015
	AMENDED IN ASSEMBLY  MARCH 17, 2015

INTRODUCED BY   Assembly Member Cooper

                        FEBRUARY 24, 2015

   An act to add 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 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, would  authorize   grant 
the firefighter or public safety officer who is a witness  the
right  to have representation in the  interview, as
specified.   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. 
   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)  (1)    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   shall  have  the right
to  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
 at the time that the witness firefighter has
reasonable cause to believe that the interrogation may result in
punitive action against him or her. 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.

   (2) If a firefighter requests representation in an interview,
pursuant to paragraph (1), and the request is denied, statements
taken during the interview after the request is made shall not be
used against the firefighter in a disciplinary proceeding and shall
not be used in determining or imposing a punitive action against the
firefighter. 
   (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.
  SEC. 2.  Section 3303.5 is added to the Government Code, to read:
   3303.5.  (a)  (1)    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 an
investigation of another public safety officer, the public safety
officer who is a witness  may   shall  have
 the right to  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   at the time that the witness
public safety officer has reasonable cause to believe that the
interrogation may result in punitive action against him or her. 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. 
   (2) If a public safety officer requests representation in an
interview, pursuant to paragraph (1), and the request is denied,
statements taken during the interview after the request is made shall
not be used against the public safety officer in a disciplinary
proceeding and shall not be used in determining or imposing a
punitive action against the public safety officer. 
   (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.