BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 651


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          Date of Hearing:  April 22, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          651 (Cooper) - As Amended April 9, 2015


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill allows a peace officer or firefighter to have a  
          representative present when questioned by his or her employer  
          regarding the investigation of another peace officer or  
          firefighter, if that interview may result in punitive action  








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          against the officer who is not formally under investigation,  
          when representation is mutually agreed upon, as specified. 


          FISCAL EFFECT:


          The state has deferred over $65 million in Peace Officer Bill of  
          Rights (POBOR) mandate costs alone over the past seven years,  
          with almost $7 million last fiscal year, but it does not include  
          anything for the Firefighters Procedural Bill of Rights (FBOR).   
          Assuming the clarification results in a two percent increase in  
          costs, the costs to local agencies would be about $140,000.   
          However, since AB 651 allows for representation when it has been  
          mutually agreed, this would not be a reimbursable state mandated  
          cost. 


          COMMENTS:


          1)Background.  Current law establishes: 1) FBOR, which provides  
            procedural guarantees to firefighters, who include, but are  
            not limited to, any firefighter who is a paramedic or  
            emergency medical technician, under investigation, and 2)  
            POBOR, which provides procedural guarantees to public safety  
            officers, as defined, under investigation.
          2)Purpose. According to the author, "AB 651 seeks to clarify the  
            permissibility of agencies to witnesses being interrogated in  
            internal affairs investigations.  It also seeks to clarify  
            that the right of witness representation can also be mutually  
            agreed upon by a city or county and a recognized employee  
            bargaining unit."   


          3)Argument in Support:  The Sacramento Deputy Sheriffs'  
            Association states, "The right to representation is a  
            foundational right in POBOR and FPBOR.  In many departments,  
            peace officers and firefighters are routinely allowed  








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            representation when being questioned as a witness under the  
            existing provisions of POBOR and FPBOR.



          "Unfortunately, some departments have recently interpreted  
            Government Code Sections 3253 and 3303 in a manner to deny  
            peace officer and firefighter representation requests. This  
            new interpretation has not only led to reduced rights, but has  
            also created unnecessary and costly litigation."
          4)Argument in Opposition:   The California State Sheriffs'  
            Association argues, "The Public Safety Officers Procedural  
            Bill of Rights balances the public interest in maintaining the  
            efficiency and integrity of a law enforcement agency with a  
            peace officer's interest in receiving fair treatment. As such,  
            it requires certain protections when an officer faces a formal  
            investigation into matters that are likely to result in  
            punitive action by an employer."


             


            "This measure is similar to last year's Senate Bill 388  
            (Lieu), which was vetoed by the Governor. We appreciate the  
            fact that this bill permits rather than mandates  
            representation for "witness officers." However, we must remain  
            opposed. Although permissive, we believe this measure will  
            ultimately interfere with a law enforcement agency's ability  
            to discipline officers for engaging in job-related misconduct.  
            Discouraging officers from cooperating in investigations by  
            encouraging representation during any questioning that may  
            involve officer discipline will chill investigations and  
            result in the retention of officers that have engaged in  
            noncriminal misconduct."



          5)Related Legislation:  SB 388 (Lieu) of the 2013-14 Legislative  








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            Session was similar to this bill, but gave the officer being  
            interviewed the right to representation.  SB 388 was vetoed  
            with Governor stating, "This bill would allow peace officers  
            and firefighters who have witnessed an alleged misconduct  
            incident to have a representative present during questioning  
            if there is a chance the witness could be the subject of  
            punitive action.

          "The need for this bill is unclear.  Under current law, as soon  
            as an employer learns during an interview that the witness is  
            subject to punitive action, questioning must stop until a  
            representative is provided if requested by the employee.  If  
            this doesn't happen any information obtained can be excluded  
            at trial."




          Analysis Prepared by:Pedro R. Reyes / APPR. / (916)  
          319-2081