PBOR PowerPoint.ppt

Government Code 33003313 Lieutenant Yasir Gillani Sergeant Susan Padilla Professional Standards Bureau 213-996-4154 Government Code 3300-3313 Public Safety Officers’ Procedural Bill of Rights (POBR) SectioSection 3301n 3301 • What “public safety” officers does this apply to? • Penal Code section...

Government Code 33003313 Lieutenant Yasir Gillani Sergeant Susan Padilla Professional Standards Bureau 213-996-4154 Government Code 3300-3313 Public Safety Officers’ Procedural Bill of Rights (POBR) SectioSection 3301n 3301 • What “public safety” officers does this apply to? • Penal Code section 830.1-830.5 define what a public safety officer is • These sections (POBR) apply to all public safety officers in the State as defined under those penal code sections Section 3302 • Except when on duty or in uniform: – No public safety officer shall be prohibited from engaging, or be coerced or required to engage in political activities. – Can be member of a school board. Section 3303 • When officer is under investigation which could lead to punitive action: – – – – – – Dismissal Demotion Suspension Reduction in salary Written reprimand Transfer for purposes of punishment When conducting an interview the following conditions need to apply • (A) Reasonable hour – Unless serious allegation which requires otherwise. • (B) Officer must be informed of rank, name and command of the officer in charge of the interrogation. – And that of all other persons present in the room 3303 continued • All questions asked by, and through no more than two interrogators at one time. • (C) Officer informed of nature of investigation prior • (D) Interrogation for a “reasonable period” taking into account complexity – Officer allowed to use restroom 3303 continued • (E) No offensive language or threat of punitive action – Except that if they fail to answer questions, punitive action can then be taken • No promises of reward • No media or photo release of officer -without their approval 3303 continued (F) Can’t use statements made under coercion in a subsequent civil proceeding Except: -Discipline -Civil action brought by officer arising out of that discipline -Impeach (after in-camera review) -Statements used if officer dies 3303 continued (G) Interview may be recorded -If recorded, officer has access before any subsequent interview -Officer may bring own recording device -No notes or reports deemed to be confidential shall be included in officers personnel file. 3303 Continued (H) If prior to, or during the interview, looks like criminal charges will be filed, Officer needs to be informed of his/ her Constitutional rights. (I) If interview is matter that are likely to result in punitive action -Right to representative Representative can not be subject to same investigation -Representative has right to maintain privacy of the officer. This does not apply to normal counseling, instruction or informal verbal admonishment 3303 continued (J) No loan or temporary reassignment unless a sworn member of the Department would not normally be given that duty assignment under similar circumstances. Section 3304 – (a) Can’t be subject to discipline for exercising your rights under PBOR or any rights under any administrative grievance procedure – (b) Once off probation, no punitive action or denial of promotion without opportunity for administrative appeal – (d) One year statute on investigation • If the misconduct occurred after 1/1/98 Section 3304(d)(2) •Statute may be tolled (extended) for EIGHT reasons: • • • • • • • • Ongoing related criminal investigation Officer waives time in writing Multi-jurisdictional investigation (reasonable) More than one employee (reasonable) Officer is incapacitated/unavailable Officer defendant in RELATED civil case Employee defendant in ANY criminal case Investigation involves worker’s compensation 3304 continued (d)(2)(f) If the agency decided to impose discipline, they shall notify the officer within 30 days in writing. Section 3304 continued – (d)(2)(g) Can reopen case (notwithstanding one-year statue limit if both are met) • • Significant new evidence has come to light which will effect the outcome And one of the following: – – The evidence could not reasonably have been discovered in the normal course of investigation without resorting to extraordinary measures Pre-disciplinary response or procedure (Skelly) Section 3304.5 – Administrative appeals are not governed by GC 3300 rules Rules for AA’s established by local jurisdiction Section 3305 • • • No adverse comments in package without officer’s knowledge Exception – Officer refuses to sign paper Note it and put it in his/ her package Section 3305.5 (A) Just because an Officer is named on a Brady List, they can not be subject to punitive action, or denied promotion (B) Can use the “underlying” acts or omissions for that officers name being placed on a Brady list. Section 3306 If an officer gets an adverse comment Officer has 30 days to file a written response Response shall accompany comment sheet Section 3306.5 (a) Department must make personnel files available to be reviewed by employee (b) Must keep a true and correct copy of the file (c) Officer may request in writing that a mistake in the file or unlawful portion of the file be deleted or removed. (d) Department must respond to that written request within 30 days, either by granting request or giving reason why not granted. Section 3307 (a) No forced lie detector test Section 3307.5 (a) Can not force officer, as a condition of employment to consent to his/her photo on internet (b) If officers photo in on internet, and they reasonably believe danger, they may notify Dept. to remove Section 3308 No financial disclosure unless: Required by state law, or proper legal procedure Specialized unit assignments where there is a strong possibility that bribes or other improper inducements may be offered. Section 3309 – No search of locker or personal storage space except: – In officer’s presence – OR with officer’s permission – OR with a search warrant – OR when officer has prior notification Applies only to lockers or other space for storage that are owned or leased by the employing agency. Section 3311 Nothing in this chapter shall interfere with mutual aid Section 3312 No punitive action for wearing a pin displaying the American flag Unless employer gives officer written notice that includes: Statement of rule violation Cite the specific rule Statement that officer may appeal QUESTIONS?