BILL ANALYSIS
SB 1032
Page 1
SENATE THIRD READING
SB 1032 (Wright)
As Amended April 27, 2010
Majority vote
SENATE VOTE :35-0
PUBLIC SAFETY 6-0 APPROPRIATIONS 12-5
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|Ayes:|Ammiano, Hagman, Beall, |Ayes:|Fuentes, Bradford, |
| |Gilmore, Hill, Portantino | |Huffman, Coto, Davis, De |
| | | |Leon, Gatto, Hall, |
| | | |Skinner, Solorio, |
| | | |Torlakson, Torrico |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Conway, Harkey, Miller, |
| | | |Nielsen, Norby |
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SUMMARY : Provides that the enforcement provisions of the Peace
Officer Bill of Rights (POBOR) that make it unlawful for any
public safety department to deny any public safety officer the
rights and protections guaranteed to him or her concerning
interrogations and investigations apply to the Office of the
Inspector General (OIG).
EXISTING LAW :
1)Creates the independent OIG which shall not be a subdivision
of any other governmental entity. The Governor shall appoint
subject, to confirmation by the Senate, the IG to a six-year
term. The Inspector General (IG) shall not be removed from
office during that term, except for good cause.
2)Provides that the IG shall review departmental policy and
procedure, conduct audits of investigatory practices and other
audits, be responsible for contemporaneous oversight of
internal affairs investigations and the disciplinary process,
and conduct investigations of the California Department of
Corrections (CDCR), as requested by the Secretary of CDCR or a
Member of the Legislature, pursuant to approval by the IG
under policies to be developed by the IG.
SB 1032
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3)Authorizes the IG to require any employee of CDCR to be
interviewed on a confidential basis. Any employee requested
to be interviewed shall comply and shall have time afforded by
the appointing authority for the purpose of an interview with
the IG or his or her designee. It is not the purpose of these
communications to address disciplinary actions and grievance
procedures that may routinely occur. If it appears that the
facts of the case could lead to punitive action, the IG shall
be subject to POBOR.
4)Establishes the POBOR.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, unknown, potentially moderate annual General Fund
costs to the extent this bill results in additional legal costs
for the state. Costs would depend on the number and quality of
cases lodged against the OIG.
COMMENTS : According to the author, "This bill corrects a flaw
in the original legislation creating the OIG. In the original
legislation, POBOR was referenced requiring the OIG to follow
the provisions of POBOR. The original drafters, however, left
off the enforcement section of POBOR rendering the requirement
of the OIG to comply with POBOR meaningless without any penalty
for failure to follow the law. In a recent court case, the
judge noted that while the OIG to comply with POBOR, because the
penalty section was omitted there was no legal remedy for the
violation. The court further indicated that the OIG should have
followed POBOR."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0005970