BILL ANALYSIS Ó
AB 651
Page 1
ASSEMBLY THIRD READING
AB
651 (Cooper)
As Amended April 9, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+-----------------------+--------------------|
|Public Safety |7-0 |Quirk, Melendez, | |
| | |Gonzalez, | |
| | |Jones-Sawyer, Lackey, | |
| | |Low, Santiago | |
| | | | |
| | | | |
|----------------+------+-----------------------+--------------------|
|Appropriations |14-0 |Gomez, Bloom, Bonta, | |
| | |Calderon, Chang, Daly, | |
| | |Eggman, Gallagher, | |
| | |Eduardo Garcia, | |
| | |Holden, Quirk, Rendon, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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SUMMARY: 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
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firefighter, if that interview may result in punitive action
against the officer who is not formally under investigation, when
representation is mutually agreed upon, as specified.
Specifically, this bill:1)Provides that if an investigation
focuses on matters that may result in punitive action against a
public safety officer or firefighter who is not formally under
investigation but is interviewed regarding the investigation of
another public safety officer or firefighter, the public safety
officer or firefighter may have representation in the interview
when the representation has been mutually agreed upon.
2)Allows the public safety officer or firefighter to choose a
representative who is reasonably available to represent the
public safety officer or firefighter at an interrogation that
has been reasonably scheduled and the representative shall be
permitted to be present at all times during the
interview.3)Provides that the representative shall not be a person subject to the
same investigation and that the representative cannot be
required to disclose, or be subject to punitive action for
refusing to disclose, any information received from the public
safety officer or firefighter being interviewed as part of the
investigation for noncriminal matters.
4)States that the above provisions 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 a
governing body or by mutual agreement between the governing body
and recognized bargaining unit, or limit the ability of the
parties to negotiate an agreement to a higher standard of rights
or privileges.
EXISTING
LAW:1)Establishes the Firefighters Procedural Bill of Rights
(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.
2)Establishes the Public Safety Officers Procedural Bill of Rights
(POBOR), which provides procedural guarantees to public safety
officers, as defined, under investigation.
3)States that, for purposes of FBOR and POBOR, "punitive action"
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means any action that may lead to dismissal, demotion,
suspension, reduction in salary, written reprimand, or transfer
for purposes of punishment.
4)Provides that when any firefighter or public safety officer is
under investigation and subjected to interrogation by his or her
commanding officer, or any other member of the employing
department, that could lead to punitive action, the
interrogation is to be conducted under certain conditions,
including those described directly below, except as specified.
5)States that upon the filing of a formal written statement of
charges, or whenever an interrogation focuses on matters that
may result in punitive action against any firefighter, that
firefighter, at his or her request, shall have the right to be
represented by a representative of his or her choice who may be
present at all times during the interrogation. Provides that
the representative is not to be a person subject to the same
investigation and that the representative cannot be required to
disclose, or be subject to punitive action for refusing to
disclose, any information received from the firefighter under
investigation for noncriminal matters.
6)States that upon the filing of a formal written statement of
charges, or whenever an interrogation focuses on matters that
are likely to result in punitive action against any public
safety officer, that officer, at his or her request, shall have
the right to be represented by a representative of his or her
choice who may be present at all times during the interrogation.
Provides that the representative is not to be a person subject
to the same investigation and that the representative cannot be
required to disclose, or be subject to punitive action for
refusing to disclose, any information received from the officer
under investigation for noncriminal matters.
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7)Provides that POBOR interrogation rights do not apply to any
interrogation of an officer in the normal course of duty,
counseling, instruction, or informal verbal admonishment by, or
other routine or unplanned contact with, a supervisor or any
other public safety officer, nor to an investigation concerned
solely and directly with alleged criminal activities.
8)States that no public safety officer shall be subjected to
punitive action, or denied promotion, or be threatened with any
such treatment, because of the lawful exercise of the rights
granted under POBOR, or the exercise of any rights under any
existing administrative grievance procedure.
9)States that nothing in the provision above is to prevent a head
of an agency from ordering a public safety officer to cooperate
with other agencies involved in criminal investigations. Allows
the agency to officially charge an officer with insubordination
if he or she fails to comply with such an order.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, the state has deferred over $65 million in POBOR
mandate costs alone over the past seven years, with almost $7
million last fiscal year, but it does not include anything for the
FBOR. Assuming the clarification results in a 2% increase in
costs, the costs to local agencies would be about $140,000.
However, since this bill allows for representation when it has
been mutually agreed, this would not be a reimbursable state
mandated cost.
COMMENTS: 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."
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Analysis Prepared by:
Gregory Pagan / PUB. S. / (916) 319-3744 FN:
0000194