BILL ANALYSIS �
AB 2543
Page 1
ASSEMBLY THIRD READING
AB 2543 (Alejo)
As Amended March 29, 2012
Majority vote
PUBLIC SAFETY 4-0
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|Ayes:|Knight, Cedillo, Hagman, | | |
| |Skinner | | |
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SUMMARY : Prohibits any public agency from taking any punitive
action against a public safety officer or denying a promotion on
grounds other than merit of an officer because he or she is
placed on a Brady list, as specified. Specifically, this bill :
1)States that this section does not prohibit a public agency
from taking punitive action, denying promotion on grounds
other than merit, or taking other personnel action against a
public safety officer based on the underlying acts or
omissions for which that officer's name was placed on a Brady
list, or may otherwise be subject to disclosure pursuant to
Brady v. Maryland, 373 U.S. 83 (1963), if the actions taken by
the public agency otherwise conform to this chapter and to the
rules and procedures adopted by the local agency.
2)Prohibits the introduction of evidence that a public safety
officer's name has been placed on a Brady list, or may
otherwise be subject to disclosure pursuant to Brady v.
Maryland, in any administrative appeal of a punitive action,
or in any civil proceeding between the officer and an office
or public agency.
3)Defines "Brady list" as any system, index, list, or other
record containing the names of peace officers whose personnel
files are likely to contain evidence of dishonesty or bias,
which is maintained by a prosecutorial agency or office in
accordance with the holding in to Brady v. Maryland.
EXISTING LAW:
1)Creates the Public Safety Officers Procedural Bill of Rights
AB 2543
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(POBOR).
2)States that, for purposes of the POBOR, "punitive action"
means any action which may lead to dismissal, demotion,
suspension, reduction in salary, written reprimand, or
transfer for purposes of punishment.
3)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.
4)States that 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.
5)States that 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.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "The standard for placing
public safety officers on Brady lists varies from county to
county. Some counties implement and maintain a Brady policy
with no discernible standards for inclusion or mechanisms for
appeal, which results in the arbitrary and perpetual placement
of public safety officers on Brady lists. Because prosecutors
enjoy absolute prosecutorial immunity and immunity under the
Eleventh Amendment, it is impossible to challenge one's
placement on a Brady list, even if that placement was malicious
or made in error.
"AB 2543 seeks to stop the unfair practice of taking punitive
action against peace officers for the mere reason of being
placed on the list. Instead, this bill maintains management's
authority to take actions against officers for the underlying
AB 2543
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action that caused the officer to be investigated. Lacking
uniform criteria for being placed on the Brady List, public
safety officers should be evaluated based on their merits and
for the underlying reasons they are investigated."
Analysis Prepared by : Milena Blake / PUB. S. / (916) 319-3744
FN: 0003523