Tuesday, March 31, 2020

Governor Newsom Signs Executive Order Extending POBR’s Statutory Deadline by 60 Days

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.

Sacramento Employment Attorney | Lawyers of Mastagni Holstedt, A.P.C.

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.