BILL NUMBER: SB 2215 CHAPTERED
BILL TEXT
CHAPTER 786
FILED WITH SECRETARY OF STATE SEPTEMBER 23, 1998
APPROVED BY GOVERNOR SEPTEMBER 22, 1998
PASSED THE SENATE AUGUST 28, 1998
PASSED THE ASSEMBLY AUGUST 20, 1998
AMENDED IN ASSEMBLY JULY 7, 1998
AMENDED IN SENATE MAY 19, 1998
AMENDED IN SENATE APRIL 27, 1998
AMENDED IN SENATE APRIL 20, 1998
AMENDED IN SENATE MARCH 26, 1998
INTRODUCED BY Senator Lockyer
FEBRUARY 20, 1998
An act to amend Section 3304 of the Government Code, relating to
public safety officers.
LEGISLATIVE COUNSEL'S DIGEST
SB 2215, Lockyer. Public safety officers: procedural bill of
rights.
The Public Safety Officers Procedural Bill of Rights Act prohibits
any punitive action, or denial of promotion on grounds other than
merit of a public safety officer, as defined, without providing the
public safety officer with an opportunity for administrative appeal.
This bill also would prohibit a punitive action or denial of
probation on grounds other than merit with respect to a public safety
officer who has successfully completed probation without providing
the public safety officer with an opportunity for administrative
appeal. The bill additionally would prohibit a public agency or
appointing authority from removing a chief of police without
providing that official with written notice and the reason or reasons
therefor and an opportunity for administrative appeal. The bill
would provide that for purposes of these provisions, the removal of a
chief of police by a public agency or appointing authority, for the
purpose of implementing the goals or policies, or both, of the public
agency or appointing authority, for reasons including
incompatibility of management styles, or as a result of a change in
administration, would be sufficient to constitute "reason or reasons."
These additional requirements on local government would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3304 of the Government Code is amended to read:
3304. (a) 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
this chapter, or the exercise of any rights under any existing
administrative grievance procedure.
Nothing in this section shall preclude a head of an agency from
ordering a public safety officer to cooperate with other agencies
involved in criminal investigations. If an officer fails to comply
with such an order, the agency may officially charge him or her with
insubordination.
(b) No punitive action, nor denial of promotion on grounds other
than merit, shall be undertaken by any public agency against any
public safety officer who has successfully completed the probationary
period that may be required by his or her employing agency without
providing the public safety officer with an opportunity for
administrative appeal.
(c) No chief of police may be removed by a public agency, or
appointing authority, without providing the chief of police with
written notice and the reason or reasons therefor and an opportunity
for administrative appeal.
For purposes of this subdivision, the removal of a chief of police
by a public agency or appointing authority, for the purpose of
implementing the goals or policies, or both, of the public agency or
appointing authority, for reasons including, but not limited to,
incompatibility of management styles or as a result of a change in
administration, shall be sufficient to constitute "reason or reasons."
Nothing in this subdivision shall be construed to create a
property interest, where one does not exist by rule or law, in the
job of Chief of Police.
(d) Except as provided in this subdivision and subdivision (g), no
punitive action, nor denial of promotion on grounds other than
merit, shall be undertaken for any act, omission, or other allegation
of misconduct if the investigation of the allegation is not
completed within one year of the public agency's discovery by a
person authorized to initiate an investigation of the allegation of
an act, omission, or other misconduct. This one-year limitation
period shall apply only if the act, omission, or other misconduct
occurred on or after January 1, 1998. In the event that the public
agency determines that discipline may be taken, it shall complete its
investigation and notify the public safety officer of its proposed
disciplinary action within that year, except in any of the following
circumstances:
(1) If the act, omission, or other allegation of misconduct is
also the subject of a criminal investigation or criminal prosecution,
the time during which the criminal investigation or criminal
prosecution is pending shall toll the one-year time period.
(2) If the public safety officer waives the one-year time period
in writing, the time period shall be tolled for the period of time
specified in the written waiver.
(3) If the investigation is a multijurisdictional investigation
that requires a reasonable extension for coordination of the involved
agencies.
(4) If the investigation involves more than one employee and
requires a reasonable extension.
(5) If the investigation involves an employee who is incapacitated
or otherwise unavailable.
(6) If the investigation involves a matter in civil litigation
where the public safety officer is named as a party defendant, the
one-year time period shall be tolled while that civil action is
pending.
(7) If the investigation involves a matter in criminal litigation
where the complainant is a criminal defendant, the one-year time
period shall be tolled during the period of that defendant's criminal
investigation and prosecution.
(8) If the investigation involves an allegation of workers'
compensation fraud on the part of the public safety officer.
(e) Where a predisciplinary response or grievance procedure is
required or utilized, the time for this response or procedure shall
not be governed or limited by this chapter.
(f) If, after investigation and any predisciplinary response or
procedure, the public agency decides to impose discipline, the public
agency shall notify the public safety officer in writing of its
decision to impose discipline, including the date that the discipline
will be imposed, within 30 days of its decision, except if the
public safety officer is unavailable for discipline.
(g) Notwithstanding the one-year time period specified in
subdivision (c), an investigation may be reopened against a public
safety officer if both of the following circumstances exist:
(1) Significant new evidence has been discovered that is likely to
affect the outcome of the investigation.
(2) One of the following conditions exist:
(A) The evidence could not reasonably have been discovered in the
normal course of investigation without resorting to extraordinary
measures by the agency.
(B) The evidence resulted from the public safety officer's
predisciplinary response or procedure.
(h) For those members listed in subdivision (a) of Section 830.2
of the Penal Code, the 30-day time period provided for in subdivision
(e) shall not commence with the service of a preliminary notice of
adverse action, should the public agency elect to provide the public
safety officer with such a notice.
SEC. 2. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.