AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
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Bill of Rights Laws
Rights granted law
enforcement officers under the California Public Safety Officers Procedural
Bill of Rights Act do not apply to officers that are subjected to criminal
investigations conducted by their employers. Van Winkle v. County of Ventura,
#B194395, 158 Cal.App. 4th 492, 2007 Cal. App. Lexis 2086 (2nd Dist.).
The California Public
Safety Officers Procedural Bill of Rights Act, Cal. Gov't Code §3303
did not apply to an interview of an officer because neither that officer
nor the former employee were under investigation at the time. Eaton v.
Siemens, #2:07-cv-0315, 2007 U.S. Dist. Lexis 58621 (E.D. Cal.).
Where at most a reprimand could have resulted,
an officer's conversation with her sergeant about report classifying procedures
did not implicate the state's Bill of Rights Act, Calif. Govt. Code §3300.
Steinert v. City of Covina, #B187940, 2006 Cal. App. Lexis 2097 (2d App.
Dist. 2006). [N/R]
California appellate court orders that a
written reprimand be removed from a LAPD sergeant's personnel file. Management
failed to give him notice of any proposed disciplinary action within one
year of the discovery of the alleged misconduct, as required by the Public
Safety Officers Procedural Bill of Rights Act. Mays v. City of Los Angeles,
#B188527, 2006 Cal. App. Lexis 1942 (2d Dist. 2006). {N/R}
California appellate court rejects claim
by a terminated officer that informal or self-initiated conversations with
his superiors triggered protections afforded under the state's Procedural
Bill of Rights Act. Correa v. County of Riverside, #E036581, 2005 Cal.
App. Unpub. Lexis 11319 (4th App. Dist. 2005). [2006 FP Feb]
An amendment to the Illinois Peace Officers'
Rights law requires superiors to inform an officer under investigation,
in writing, of the identity of interrogators and others who are present;
it also requires officers to identify the persons who will be representing
them during any interrogation. S.B. 1669, Pub. Act 94-0344, 50 ILCS 725/3.4.
{N/R}
California appellate court holds that the
state's Public Safety Officers Procedural Bill of Rights Act does not apply
to a criminal investigation conducted by an outside agency. Moreover, where
a police officer avoids the severe penalty of dismissal by entering into
a settlement agreement and accepts lesser discipline, he cannot seek a
remedy under the Public Safety Officers Procedural Bill of Rights Act to
avoid that discipline. Alhambra Police Officers Assn. v. City of Alhambra,
#B160896, 113 Cal. App. 4th 1413, 7 Cal.Rptr.3d 432 (2003); review denied,
2004 Cal. Lexis 2852 (2004). {N/R}
Illinois now requires a sworn complaint as
a precedent to a formal disciplinary interview of a law enforcement officer.
Illinois Uniform Peace Officers' Disciplinary Act amendment, 50 ILCS 725/3.8.
[2004 FP May]
California appeals court upholds a compelled
disciplinary interview, without the officer's lawyer present, when counsel
was unable to appear for a rescheduled interview. Upland POA v. City of
Upland, #E032607, 2003 Cal. App. Lexis 1407 (Cal. App.4th Dist. 2003).
[Dec FP 2003]
Under the state's Public Safety Officers
Procedural Bill of Rights law, a California appeals court affirms a writ
of mandate compelling a police dept. to provide, to officers that undergo
investigatory interrogation, copies of tape-recorded witness interviews
and rough notes taken by investigators. San Diego P.O.A. v. San Diego (Bejarno),
#D037812, 98 Cal.App.4th 779, 120 Cal.Rptr.2d 609, 2002 Cal. App. Lexis
4145 (Cal. App. 4th Dist. 2002). {N/R}
A police agency internal affairs index card
listing all complaints made against a named officer, is a file "used
for personnel purposes" under the state's Public Safety Officers Procedural
Bill of Rights Act, for purposes of the officer's right to read and respond.
Sacramento P.O.A. v. Venegas, #C030428, 124 Cal.Rptr.2d 666, 2002 Cal.
App. Lexis 4584 (Cal. App. 3d Dist. 2002). {N/R}
Depositions and cross-examinations of a police
officer, who is a plaintiff in a civil action against the city, is not
"interrogation" which would trigger rights under the state's
Peace Officers' Disciplinary Act. Krocka v. Police Bd. of Chicago, #1-00-2639,
327 Ill.App.3d 36, 762 N.E.2d 577, 2001 Ill. App. Lexis 933 (7th Cir.,
2001). {N/R} California appellate court holds
that the state's "Bill of Rights" law requiring accused officers
to be given all "reports" pertaining to the I-A investigation
includes notes and recordings made by investigating officers. San Diego
P.O.A. v. San Diego, #D037812, 2002 Cal. App. Lexis 4145, 02 C.D.O.S. 5008
(Cal. 4th App. Dist. 2002). {N/R}
Law enforcement agencies in California won
a limited right to conceal from probationary peace officers information
gathered about them during employment background investigations. Although
the Officers' Procedural Bill of Rights Act guarantees the right to view
adverse comments in their personnel files, a divided Supreme Court held
that an employee may waive the protections of the law for pre-employment
conduct, but not on-the-job complaints. Riverside v. Superior Court (Madrigal),
#S094675, 27 Cal.4th 793, 42 P.2d 1034, 2002 Cal. Lexis 1878, 02 CDOS 2783
(Cal. 2002). [N/R]
California appeals court upholds and
tightens an injunction against management attempts to deny the constitutional
and statutory rights of correctionsofficers being interviewed as witnesses
and targets in a criminal investigation. Management cannot recast an internal
inquiry as an independent or outside investigation when it enlists that
investigation. Calif. Correctional POA v. St. of Calif., #A085064, 82 Cal.App.4th
294, 2000 Cal. App. Lexis 566, 98 Cal.Rptr.2d 302. [2000 FP 131-3]
Law Enforcement Officers "Bill of Rights"
reintroduced in the 105th Congress. Police chiefs and sheriff voice opposition.
The bill and an analysis may be viewed at the AELE website: www.aele.org
[1997 FP 52]
California fire chiefs have no protection
under Govt. Code 3301 (Public Safety Officers Bill of Rights) because they
are not "peace officers" under Penal Code 830.37 (arson investigators).
Gauthier v. City of Red Bluff, 95 D.A.R. 6413 (Cal.App. 1995). {N/R}
Nevada statute protects personnel files of
police officers from undisclosed entries and gives an officer the right
to comment on the content. Nev. Stat. Sec. 289.040, amended by Ch. 672,
L. 1991 (Eff. 10/1/91). [1992 FP 3]
Wisconsin enacts police bill of rights law.
Senate Bill 128, Wisconsin Laws 1979 Chapter 166. [1980 FP #71 p.4].
Illinois adopts new "bill of rights"
law; compromise between unions and police chief's association. [1984 FP
#112 p.13].
Maryland rules that police officers"
Bill of Rights law covers investigations, not summary dismissals of untenured
employees. DiGrazia v. Co. Exec. for Montgomery Co., 288 Md. 437, 418 A.2d
1191, 1980 Md. Lexis 213; 115 LRRM (BNA) 4409.
See also: Disciplinary Interrogations, Disciplinary Punishment and Transfers.