The Public Safety Officers Procedural Bill of Rights Act contains a statute of limitations that commences with the discovery of misconduct by public safety officers in the employment setting. According to Government Code Section 3304(d)(1), an agency cannot discipline any officer “for any act, omission, or other allegation or misconduct” unless the agency completes its
On March 30, 2020, Governor Gavin Newsom issued Executive Order N-40-20 which extends various statutory deadlines due to the State of Emergency in California relating to the COVID-19 pandemic. Under the Executive Order, the deadline specified in Government Code section 3304(d) for opening and completing investigations of alleged misconduct by public safety officers is extended
Let’s set the scene. It’s February of 2020, and an employee comes to you, a supervisor, to “vent” about being the target of off-color comments and jokes due to the employee’s national origin. The employee does not use the term “harassment.” Moreover, the employee tells you that they are just talking it out, and they
Just prior to the October 13, 2019 deadline to sign/veto bills from this year’s Legislative Session, Governor Gavin Newson signed several labor and employment law bills into law that will bring about significant changes for California public employers beginning next year. Below are summaries on three of these new bills that will go into effect
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