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Public Safety Officers Procedural Bill of Rights Act
Public Safety Officers Procedural Bill of Rights Act.
Government Code Sections 3300-3312
Government Code Sections 3300-3312
History: First state to get a POBR (Peace Officers Bill of Rights), effective 1-1-77. The concept originated around 1974. The largest supporter of POBR was the ACLU. Governor Jerry Brown signed the bill into law.
Chapter 9.7, Division 4, Title 1 of the Government Code. Added in 1976 and amended in 1977, 1978, 1979, 1980, 1983, 1989, 1990, 1994, 1998, 2000, 2002 and 2003.
3300. Short title - This chapter is known and may be cited as the Public Safety Officers Procedural Bill of Rights Act.
3300- Title
3301- Definition; Legislative findings and declaration
3302- Political activity: Membership on school board
3303-Investigations interrogations; conduct; conditions; representation; reassignment
3304-Lawful exercise of rights; insubordination; administrative appeal
3304.5-Administrative appeal
3305-Comments adverse to interest; personnel files; opportunity to read and sign; refusal to sign
3306-Response to adverse comment in personnel file; time
3306.5-Inspection of personnel files; request for correction of file; time
3307-Polygraph examination; right to refuse; effect
3307.5-Use of photograph; penalties
3308-Financial disclosure;right to refuse; exceptions
3309-Search of locker or storage space; consent; search warrant
3309.5-Local public safety officers; applicability of chapter; jurisdiction; remedie
3310-Procedures of public agency providing same rights or protections; application of chapter
3311-Mutual aid agreements; effect of chapter upon
3312-American Flag; pins
Chapter 9.7, Division 4, Title 1 of the Government Code. Added in 1976 and amended in 1977, 1978, 1979, 1980, 1983, 1989, 1990, 1994, 1998, 2000, 2002 and 2003.
3300. Short title - This chapter is known and may be cited as the Public Safety Officers Procedural Bill of Rights Act.
3300- Title
3301- Definition; Legislative findings and declaration
3302- Political activity: Membership on school board
3303-Investigations interrogations; conduct; conditions; representation; reassignment
3304-Lawful exercise of rights; insubordination; administrative appeal
3304.5-Administrative appeal
3305-Comments adverse to interest; personnel files; opportunity to read and sign; refusal to sign
3306-Response to adverse comment in personnel file; time
3306.5-Inspection of personnel files; request for correction of file; time
3307-Polygraph examination; right to refuse; effect
3307.5-Use of photograph; penalties
3308-Financial disclosure;right to refuse; exceptions
3309-Search of locker or storage space; consent; search warrant
3309.5-Local public safety officers; applicability of chapter; jurisdiction; remedie
3310-Procedures of public agency providing same rights or protections; application of chapter
3311-Mutual aid agreements; effect of chapter upon
3312-American Flag; pins
3301. Definition; legislative findings and declarations
For purposes of this chapter, the term public safety officer means all peace officers specified in Section 830.1, 803.2, 830.3, 830.31, 830.32, 830.33 except subdivision (e), 830.34, 830.35 except subdivision (c), 830.36, 830.37, 830.38, 830.4, and 830.5 of the Penal Code.
The Legislature hereby finds and declares that the rights and protections provided to peace officers under this chapter constitute a matter of statewide concern. The Legislature further finds and declares that effective law enforcement depends upon the maintenance of stable employer-employee relations between public safety employees and their employers. In order to assure that stable relations are continued throughout the state and to further assure that effective services are provided to all people of the state, it is necessary that this chapter be applicable to all public safety officers, as defined in this section, wherever situated within the State of California.
3302. Political activity; membership on school board
(a) 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.
(b) No public safety officer shall be prohibited from seeking election to, or serving as a member of, the governing board of a school district.
3303. Investigations and interrogations; conduct; conditions; representation; reassignment When any public safety officer is under investigation and subjected to interrogation by his or her commanding officer, or any other member of the employing public safety department, that could lead to punitive action, the interrogation shall be conducted under the following conditions. For the purpose of this chapter, punitive action means any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.
(a) The interrogation shall be conducted at a reasonable hour, preferably at a time when the public safety officer is on duty, or during the normal waking hours for the public safety officer, unless the seriousness of the investigation requires otherwise. If the interrogation does occur during off-duty time of the public safety officer being interrogated, the public safety officer shall be compensated for any off-duty time in accordance with regular department procedures, and the public safety officer shall not be released from employment for any work missed.
(b) The public safety officer under investigation shall be informed prior to the interrogation of the rank, name and command of the officer in charge of the interrogation, the interrogating officers, and all other persons to be present during the interrogation. All questions directed to the public safety officer under interrogation shall be asked by and
through no more than two interrogators at one time.
(c) The public safety officer under investigation shall be informed of the nature of the investigation prior to any interrogation.
(d) The interrogating session shall be for a reasonable period taking into consideration gravity and complexity of the issue being investigated. The person under interrogation shall be allowed to attend to his or her own personal physical necessities.
(e) The public safety officer under interrogation shall not be subjected to offensive language or threatened with punitive action, except that an officer refusing to respond to questions or submit to interrogations shall be informed that failure to answer questions directly related to the investigation or interrogation may result in punitive action. No promise of reward shall be made as an inducement to answering any question. The employer shall not cause the public safety officer under interrogation to be subjected to visits by the press or news media without his or her express consent nor shall his or her home address or photograph be given to the press or news media without his or her
express consent.
(f) No statement made during interrogation by a public safety officer under duress, coercion, or threat of punitive action shall be admissible in any subsequent civil proceeding. This subdivision is subject to the following qualification:
(1) This subdivision shall not limit the use of statements made by a public safety officer when the employing public safety department is seeking civil sanctions against any public safety officer, including disciplinary action brought under Section 19572.
(2) This subdivision shall not prevent the admissibility of statements made by the public safety officer under interrogation in any civil action, including administrative actions, brought by that public safety officer, or that officer’s exclusive representative, arising out of a disciplinary action.
(3) This subdivision shall not prevent statements made by a public safety officer under interrogation from being used to impeach the testimony of that officer after an in camera review to determine whether the statements serve to impeach the
testimony of the officer.
(4) This subdivision shall not otherwise prevent the admissibility of statements made by a public safety officer under interrogation if that officer subsequently is deceased.
(g) The complete interrogation of a public safety officer may be recorded. If a tape recording is made of the interrogation, the public safety officer shall have access to the tape if any further proceedings are contemplated or prior to any further interrogation at a subsequent time. The public safety officer shall be entitled to a transcribed copy of any notes made by a stenographer or to any reports or complaints made by investigators or other persons, except those which are deemed by the investigating agency to be confidential. No notes or reports that are deemed to be confidential may be entered in the officer’s personnel file. The public safety officer being interrogated shall have the right to bring his or her own recording device and record any and all aspects of the interrogation.
(h) 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.
(i) Upon the filing of a formal written statement of charges, or whenever an interrogation focuses on matters that are likely to result in punitive action against any public safety officer, that officer, at his or her request, shall have the right to be represented by a representative of his or her choice who may be present at all times during the
interrogation. The representative shall not be a person subject to the same investigation. The representative shall not be required to disclose, nor be subject to any punitive action for refusing to disclose, any information received from the officer under investigation for non-criminal matters.
This section 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, not shall this section apply to an investigation concerned solely and directly with alleged
criminal activities.
(j) 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.
3304. Lawful exercise of rights; insubordination; administrative appeal.
(a) 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. 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 with
insubordination.
(b) No punitive action, nor denial of promotion on grounds other than merit, shall be undertaken by any public agency without providing the public safety officer with an opportunity for administrative appeal.
3305. Comments adverse to interest; entry in personnel file or in other record; opportunity to read and sign instrument; refusal to sign - No public safety officer shall have any comment adverse to his interest entered in his
personnel file, or any other file used for any personnel purposes by his employer, without the public safety officer having first read and signed the instrument containing the adverse comment indicating he is aware of such comment, except that such entry may be made if after reading such
instrument the public safety officer refuses to sign it. Should a public safety officer refuse to sign, that fact shall be noted on that document, and signed or initialed by such officer.
3306. Response to adverse comment entered in personnel file; time - 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.
3307. Polygraph examination; right to refuse; effect
No public safety officer shall be compelled to submit to a polygraph examination against his will. No disciplinary action or other recrimination shall be taken against a public safety
officer refusing to submit to a polygraph examination, not shall any comment be entered anywhere in the investigator’s notes or anywhere else that the public safety officer refused to
take a polygraph examination, nor shall testimony or evidence be admissible at a subsequent hearing, trial, or preceding, judicial or administrative, to the effect that the public safety officer refused to take a polygraph examination.
3308. Financial disclosure; right to refuse; exceptions
No public safety officer shall be required or requested for purposes of job assignment or other personnel action to disclose any item of his property, income, assets, source of income, debts or personal or domestic expenditures (including those of any member of his family or household) unless such information is obtained or required under state law or proper legal procedure, tends to indicate a conflict of interest with respect to the performance of his official duties, or is necessary for the employing agency to ascertain the desirability of assigning the public safety officer to a specialized unit in which there is a strong possibility that bribes or other improper inducements may be offered.
3309. Search of locker or storage space; consent; search warrant - No public safety officer shall have his locker, or other space for storage that may be assigned to him searched except in his presence, or with his consent, or unless a valid search warrant has been obtained or where he has been notified that a search will be conducted. This section shall apply only to lockers or other space for storage that are owned or leased by the employing agency.
3309.5. Local public safety officers; applicability of chapter; jurisdiction; remedies
(a) It shall be unlawful for any public safety department to deny or refuse to any public safety officer the rights and protections guaranteed to them by this chapter.
(b) The superior court shall have initial jurisdiction over any proceeding brought by any public safety officer against any public safety department for alleged violation of this
section.
(c) In any case where the superior court finds that a public safety department has violated any of the provisions of this chapter, the court shall render appropriate injunctive or other
extraordinary relief to remedy the violation and to prevent future violations of a like or similar nature, including, but not limited to, the granting of a temporary restraining order,
preliminary, or permanent injunction prohibiting the public safety department from taking any punitive action against the public safety officer.
3310. Procedures of public agency providing same rights or protections; application of chapter - Any public agency which has adopted, through action of its governing body or its official designee, any procedure which at a minimum provides to peace officers the same rights or protections as provided pursuant to this chapter shall not be subject to this chapter with regard to such a procedure.
3311. Mutual aid agreements; effect of chapter upon - Nothing in this chapter shall in any way be construed to limit the use of any public safety agency or any public safety officer in the fulfilling of mutual aid agreements which other jurisdictions or agencies, nor shall this chapter be construed in any way to limit any jurisdictional or inter-agency cooperation under any circumstances where such activity is deemed necessary or
desirable by the jurisdictions or the agencies involved.
3312. American flag pins or items containing the American flag; prohibition on punitive action against officers for wearing pins or display of items; exception - Notwithstanding any other provision of law, the employer of a public safety officer may not take any punitive action against an officer for wearing a pin or displaying any other item containing the American flag, unless the employer gives the officer written notice that includes all of the following:
(a) A statement that the officer's pin or other item violates an existing rule, regulation, policy, or local agency agreement or contract regarding the wearing of a pin, or the displaying of any other item, containing the American flag.
(b) A citation to the specific rule, regulation, policy, or local agency agreement or contract that the pin or other item violates.
(c) A statement that the officer may file an appeal against the employer challenging the alleged violation pursuant to applicable grievance or appeal procedures adopted by the
department or public agency that otherwise comply with existing law.
3313. Commission on State Mandates review
In the 2005-06 fiscal year, the Commission on State Mandates shall review its statement of decision regarding the Peace Officer Procedural Bill of Rights test claim and make any
modifications necessary to this decision to clarify whether the subject legislation imposed a mandate consistent with the California Supreme Court Decision in San Diego Unified School Dist. v. Commission on State Mandates (2004) 33 Cal.4th 859 and other applicable court decisions. If the Commission on State Mandates revises its statement of decision regarding the Peace Officer Procedural Bill of Rights test claim, the revised decision shall apply to local
government Peace Officer Procedural Bill of Rights activities occurring after the date the revised decision is adopted.
