BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1032|
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THIRD READING
Bill No: SB 1032
Author: Wright (D)
Amended: 4/27/10
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/13/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : 10-0, 5/27/10
AYES: Kehoe, Alquist, Corbett, Denham, Leno, Price,
Walters, Wolk, Wyland, Yee
NO VOTE RECORDED: Cox
SUBJECT : Office of the Inspector General: Public Safety
Officers
Procedural Bill of Rights
SOURCE : California Correctional Supervisors
Organization
DIGEST : This bill provides that the enforcement
provisions contained in subdivision (a) to (d) inclusive of
Section 3309.5 of the Government Code, pertaining to
violations of the Public Safety Officers Procedural Bill of
Rights Act, will apply to the Inspector General.
ANALYSIS : Existing law establishes the Office of the
Inspector General for the purpose of conducting audits and
investigations of the Department of Corrections and
CONTINUED
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Rehabilitation, as specified. Under existing law, the
Inspector General may require any employee of the
department to be interviewed on a confidential basis.
Existing law provides that it is not the purpose of these
communications to address disciplinary action or grievance
procedures that may routinely occur and that if it appears
that the facts of the case could lead to punitive action,
the Inspector General shall be subject to specified
provisions governing interrogations and investigations of
public safety officers.
This bill provides that the enforcement provisions
contained in Section 3309.5 of the Government Code,
pertaining to violations of the Public Safety Officers
Procedural Bill of Rights Act, will apply to the Inspector
General. These provisions establish jurisdiction for any
claimed violation in the Superior Court and provide a
variety of civil remedies that a court may grant to address
any violation.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12 2012-13 Fund
Enforcement provisions Likely minor litigation
costsGeneral
SUPPORT : (Verified 5/27/10)
California Correctional Supervisors Organization (source)
California Narcotics Officers' Association
California Peace Officers' Association
California Police Chiefs' Association
ARGUMENTS IN SUPPORT : According to the author: "This
bill will correct a flaw in the original legislation
creating the Office of Inspector General (OIG). In the
original legislation the Peace Officers Bill of Rights
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(POBR) was referenced requiring the OIG to follow the
provisions of POBR; however the original drafters left off
the enforcement section of POBR rendering the requirement
of the OIG to comply with POBR, with no penalty for not
following it. In a recent court case the Judge noted that
while the OIG violated the provisions of POBR, because the
penalty section was omitted there was no legal remedy for
this violation. The court further indicated that the OIG
should have followed POBR."
RJG:mw 5/27/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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