Define Punitive Action
- Dismissal
- Demotion
- Suspension
- Reduction in Salary
- Written Reprimand
- Transfer for punishment
GC3303
When should the interrogation be held?
- At a reasonable hour
- Preferrably when the employee is on-duty
- During the normal waking hours for the employee
- If the employee is off-duty he shall be compensated
- Employee shall not be releeased for any work missed
GC3303(a)
What must the employee be notified of prior to interrogation?
- Name, rank, command of (GC3303(b));
- officer in charge
- Interrogators (No more than 2)
- Anyone else present during interrogation
- Nature of the investigation (Scope) (GC3303(c))
- All included in the Notice of interrogation*
How long can the interrogation go?
- “reasonable period taking into consideration the gravity and complexity of the issue being investigated”
- Employee shall be allowed to tend to their personal needs
GC3303(d)
Threats, rewards and the press
- Employee shall not be subjected to offensive language or threatened with punitive action
- Employee shall be informed of punitive action for failure to answer questions
- No promise of reward or inducement shall be offered
- Employer shall not give out the home address or photograph of the employee to the press
GC3303(e)
Recording the interrogation
- The complete interrogation may be recorded
- The employee may have his own recorder
- The employee shall be given a copy of the recording prior to any subsequent proceedings
- Employee is entitled to a copy of the report (except for parts deemed confidential)
(GC3303(g)
What is required of the interrogators if they believe that the employee may be charged with a criminal offense?
If prior to or during the interrogation of a public safety officer it is deemed that he or she may be charged with a criminal offense, he or she shall be immediately informed of his or her constitutional rights (Miranda)
GC3303(h)
When is the employee entitled to representation?
- Upon filing of formal written charges,
- Or whenever an interrogation focuses on matters likely to result in punitive action
- “Shall NOT apply to any interrogation of a public safety officer in the normal course of duty, counseling, instruction, or informal verbal admonishment by, or other routine or unplanned contact with, a supervisor or any other public safety officer”
GC3303(i)
Who is qualified to be a representative?
- Anyone that is not a subject of the investigation
GC3303(i)
Can an employee be temporarily reassigned to a different location or duty assignment?
- No public safety officer shall be loaned or temporarily reassigned to a location or duty assignment if a sworn member of his or her department would not normally be sent to that location or would not normally be given that duty assignment under similar circumstances.
GC3303(j)
Does POBR cover retaliation by the department?
- 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.
GC3304(a)
- What does the acronym POBR stand for?
- What year was it established?
- Public Safety Officers Procedural Bill of Rights
- Added to statutes in 1976, effective 1977
Can a public safety officer participate in political activities?
Except as otherwise provided by law, or whenever on duty or in uniform,
No public safety officer shall be prohibited from engaging, or be coerced or required to engage, in political activity.
GC3302(a)
Can a public safety officer serve on a school board?
Yes
No public safety officer shall be prohibited from seeking election to, or serving as a member of, the governing board of a school district.
GC3302(b)
Are all public safety officers entitled to an appeal process?
- 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.
GC3304(b)
- What is the time limit on completion of an investigation?
- When does the clock the start?
The investigation of the allegation must be completed within one year1 of the public agency’s discovery by a person authorized to initiate an investigation2 of the allegation…
GC3304(d)(1)
- When does the public safety officer have to be notified of the agency’s intent to impose discipline?
- What are the exceptions (8)?
- Does the discipline have to served in the same time frame?
- Within the 1 year
- Exceptions (Tolling):
(A) If the allegation is also the subject of a criminal investigation
(B) If the public safety officer waives the one-year time period in writing
(C) If the investigation is a multijurisdictional investigation that requires a reasonable extension
(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.
(G) If the investigation involves a matter in criminal litigation where the complainant is a criminal defendant
(H) If the investigation involves an allegation of workers’ compensation fraud on the part of the public safety officer.
- No
GC3304(d)(1)
- Does the public safety officer have the right to see adverse comments placed in his personnel folder?
Yes, No public safety officer shall have any comment adverse to his interest entered in his personnel file..without the public safety officer having first read and signed the instrument. Should a public safety officer refuse to sign, that fact shall be noted on that document, and signed or initialed by such officer.
GC3305
Can the agency take adverse action on a public safety officer merely because the officer’s name appears on a Brady list?
NO, A punitive action…shall not be undertaken by any public agency against any public safety officer solely because that officer’s name has been placed on a Brady list
This section shall not prohibit a public agency from taking punitive 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
GC3305.5
Is there a time limit for a public safety officer to file a response to a written adverse comment placed in his personnel folder?
Yes, A public safety officer shall have 30 days within which to file a written response to any adverse comment entered in his personnel file. Such written response shall be attached to, and shall accompany, the adverse comment.
GC3306
When can the public safety officer review his personnel file?
(a) Every employer shall, at reasonable times and at reasonable intervals, upon the request of a public safety officer, during usual business hours, with no loss of compensation to the officer, permit that officer to inspect personnel files that are used or have been used to determine that officer’s qualifications for employment, promotion, additional compensation, or termination or other disciplinary action.
GC3306.5(a-b)
Does the public safety officer have any course of action if after review of his personnel file he believes information has been enter unlawfully or erroneously?
…the officer may request, in writing, that the mistaken or unlawful portion be corrected or deleted.
Any request made pursuant to this subdivision shall include a statement by the officer describing the corrections or deletions from the personnel file requested and the reasons supporting those corrections or deletions.
A statement submitted pursuant to this subdivision shall become part of the personnel file of the officer.
GC3306.5(c)
Does the public safety officer have a right to refuse a lie detector?
No public safety officer shall be compelled to submit to a lie detector test against his or her will. No disciplinary action or other recrimination shall be taken against a public safety officer refusing to submit to a lie detector test, nor shall any comment be entered anywhere in the investigator’s notes or anywhere else that the public safety officer refused to take, or did not take, a lie detector test, nor shall any testimony or evidence be admissible at a subsequent hearing, trial, or proceeding, judicial or administrative, to the effect that the public safety officer refused to take, or was subjected to, a lie detector test.
GC3307(a)
Can the agency use the public safety officers photograph on the internet with out his consent?
NO, No public safety officer shall be required as a condition of employment by his or her employing public safety department or other public agency to consent to the use of his or her photograph or identity as a public safety officer on the Internet for any purpose if that officer reasonably believes that the disclosure may result in a threat, harassment, intimidation, or harm to that officer or his or her family.
GC3307.5(a)
