BILL NUMBER: AB 955 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member De Leon
FEBRUARY 26, 2009
An act to amend Section 3304 of the Government Code, relating to
public safety officers.
LEGISLATIVE COUNSEL'S DIGEST
AB 955, as amended, De Leon. Public Safety Officers Procedural
Bill of Rights Act: discipline.
The Public Safety Officers Procedural Bill of Rights Act prohibits
any punitive action, or denial of promotion on grounds other than
merit, to be undertaken for any act, omission, or other allegation of
misconduct if an investigation of an allegation against a public
safety officer is not completed within 1 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 that occurred on
or after January 1, 1998. Existing law requires the public agency to
complete its investigation and notify the public safety officer of
its proposed disciplinary action within that year if it determines
that discipline may be taken.
This bill would instead require the public agency, within
that year, to notify the public safety officer of the exact
discipline to be given and when that discipline commences.
This bill would specify that the public agency is not required
to impose the discipline within that year.
Existing law also prohibits any punitive action or denial of
promotion on grounds other than merit from being 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 bill would instead specify that the discovery could be made
by a person authorized to accept or initiate a complaint or an
investigation of the allegation of an act, omission, or other
misconduct.
To the extent that these new requirements would apply to local
government employers, the bill would impose a state-mandated 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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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) (1) 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 accept or
initiate a complaint or 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 the exact discipline to
be given and when that discipline commences, within that year,
except as provided in paragraph (2). The public agency shall not be
required to impose the discipline within that one-year period.
(2) (A) 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.
(B) 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.
(C) If the investigation is a multijurisdictional investigation
that requires a reasonable extension for coordination of the involved
agencies.
(D) If the investigation involves more than one employee and
requires a reasonable extension.
(E) If the investigation involves an employee who is incapacitated
or otherwise unavailable.
(F) 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.
(G) 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.
(H) 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 (d), 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
(f) 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. 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.