Yesterday, Governor Newsom signed Executive Order N-40-20.
This order extended many important deadlines throughout California in light of
the current State-Wide Shelter-in-Place Order. Importantly, the Executive Order
extends the one-year statute of limitations found within the Peace Officers Procedural Bill of Rights.
Under the Peace Officers Procedural Bill of Rights Act (G.C.
§ 3300-3312) there is a one-year statute of limitations for the completion of
an investigation and notification to an employee of proposed disciplinary
action. Specifically, G.C. §3304 (d) states that: “except as provided in this
subdivision and subdivision (g), no punitive action, … shall be undertaken for
any act, omission, or other allegation of misconduct if the investigation of
the allegation is not completed within one-year of the public agency’s
discovery by a person authorized to initiate an investigation of the allegation
of an act, omission, or other misconduct.” However, there certain situations in
which the one-year statute of limitations may be tolled—including the
completion of a criminal investigation. Governor Newsom’s order extends this
important deadline by 60 days.
