California Public Safety Labor Blog: POBR, FFBOR Amendments Clarify Witness Right to Representative

Thursday, January 23, 2014

POBR, FFBOR Amendments Clarify Witness Right to Representative

On January 17, 2014, the state senate amended Senate Bill 388. the law would amend the Public Safety Officers Procedural Bill of Rights Act (POBR) and Fire Firefighters Procedural Bill of Rights Act (FFBOR). Both laws give legal rights to officers and firefighters under investigation or witnesses in an investigation. According to the Senate Committee Analysis, "SB 388 would specify that a firefighter or peace officer witness may have a representative present when questioned by his or her employer regarding the investigation of another firefighter or peace officer, if that interview may lead to disciplinary action against the witness, as specified." Senator Ted Lieu introduced the bill.

About Mastagni Holstedt, APC

Mastagni Holstedt, APC is the premier law firm in California whose practice emphasizes representing public safety professionals and their labor associations, including criminal defense of public safety officers and 1983 actions. As a full-service law firm, we represent clients in a wide range of matters, including labor and employment law, contract negotiations, wage and hour litigation, personal injury, workers' compensation, disability retirement, Social Security disability appeals, and criminal defense.

Contributors

David E. Mastagni is a partner with Mastagni Holstedt who focuses on labor and employment law representation. He frequently lectures on POBR, FFBOR, critical incidents, and employee rights. Martindale-Hubble issued David the highest Peer Review Rating of “AV Preeminent” and was named to Super Lawyers.

Taylor Davies-Mahaffey is an Associate in the Labor & Employment Department of Mastagni Holstedt, A.P.C. She represents public safety employees in administrative and disciplinary investigations, hearings, critical incident investigations, and criminal defense matters. Prior to joining the firm, she was a deputy district attorney for Sacramento County.

Advisement

Mastagni Holstedt Client Advisories and case summaries are prepared for the general information of our clients and friends. The summaries of recent court opinions and other legal developments may be pertinent to you or your association. Please be aware this material is not necessarily inclusive of all the legal authority you should consider when making your decisions. Thus, while every effort has been made to ensure accuracy, you should not act on the information contained herein without seeking more specific legal advice on the application and interpretation of this information to any particular matter.