On April 26, 2021, the First District Court of Appeal published its decision in Oakland Police Officers Association v. City of Oakland (2021) — Cal.App.5th — (“Oakland POA”). The case provides critical guidance regarding what information a law enforcement agency must provide to a peace officer before conducting a second or subsequent interrogation
California Supreme Court Lets Stand New Case on Officers’ Rights to Discovery Prior to Second Interrogation
On October 18, 2017, the California Supreme Court denied review of Santa Ana Police Officers Association, et al. v. City of Santa Ana et al., a decision from the Fourth District Court of Appeal involving information (sometimes referred to as “discovery”) that must be provided to a law enforcement officer in connection with a disciplinary
Court of Appeal Holds That Actual Notice Must Be Provided to Police Officer Within the 1-Year POBRA Statutory Timeframe
On November 13, 2014, the Third Appellate District in Earl v. State Personnel Board held that the notice of intended discipline required to be given to a public safety officer under Government Code Section 3304(d) must actually be provided to the officer within the one-year statute of limitations.
Subject to certain exceptions, Government Code Section
Duty To Provide Notice Of Discipline To Peace Officer Within 30 Days Runs From The Date A Department Makes The Final Decision To Discipline
Government Code section 3304(f), part of the Public Safety Officers Procedural Bill of Rights Act (POBRA) provides that, when a public agency decides to discipline a peace officer, “the public agency shall notify the public safety officer in writing of its decision to impose discipline, including the date that the discipline will be imposed, within
Only Current Peace Officers May Inspect Personnel Records Under POBOR
In Barber v. California Department of Corrections and Rehabilitation, the Court of Appeal held that a terminated peace officer no longer has a right to inspect personnel and internal affairs records under the Public Safety Officers Procedural Bill of Rights Act (“POBOR”).
The California Department of Corrections and Rehabilitation terminated parole agent Patrick Barber.