Showing posts with label POBR. Show all posts
Showing posts with label POBR. Show all posts
Tuesday, October 2, 2018

David P. Mastagni Interviewed on KFBK's Kitty O'Neal About AB 748

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On October 1, 2018, KBFK broadcaster Kitty O'Nei l interviewed David P. Mastagni about AB 748 .  Governor Brown signed the bill, whic...
Wednesday, July 18, 2018

Appellate Court Upholds Officer’s Five Day Suspension for Inappropriate Facebook Comments

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In a recent unpublished decision, a police officers’ five day suspension for posting an off-duty Facebook comment regarding a matter of p...
Thursday, June 28, 2018

First Appellate District Allows SFPD to Circumvent Govt Code 3304(d) by Disciplining Officer for Acts Committed In December of 2012

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On May 5, 2018, the First Appellate District of California issued the now published decision in Daugherty v. City and Countyof San Franci...
Friday, May 18, 2018

POBRA Entitles Peace Officers to Investigation Notes and Source Materials

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A recently published Appellate Court case clarifies that Section 3303 of POBRA requires public employers to disclose original source mater...
Wednesday, July 12, 2017

Court Upholds Officer's Right to Administrative Appeal of Termination

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In 2008, a citizen filed a complaint against San Francisco police officer Morgado. The office of citizen complaints investigated and recomme...
Tuesday, June 27, 2017

CalPERS Changes Eligibility Rules for Industrial Disability Retirement

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The California Public Employees’ Retirement System (CalPERS) posted   Circular Letter 200-018-17   on March 30, 2017. Among other things, t...
Wednesday, January 18, 2017

California Appeals Court Holds That Public Speech Protection Law Cannot Be Used To Stifle Suit Against County

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In a victory for public employees, a California court of appeals shut down an attempt by the County to strike a sheriff's deputy's ...
Thursday, November 17, 2016

Court Holds Punitive Transfer Does Not Require Administrative Appeal

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In Perez v. City of Westminster , the Court of Appeal held that even if an officer is accused of misconduct by his department, loses overti...
Monday, February 8, 2016

Officers Are Entitled To Reasonable Prior Notice Of The Subject Matter Of An Interrogation

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The Second District Court of Appeal recently ruled in Ellins v. City of Sierra Madre (Jan. 28, 2016) that public safety officers must be gi...
Thursday, October 15, 2015

AG: CHP Can Disclose Brady List to Prosecutors

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The California Highway Patrol and other law enforcement agencies are allowed to disclose some Brady information about their officers to pro...
Monday, September 7, 2015

Governor Signs Bill Setting Standards for Use of Police Body Cameras

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On October 3rd, Governor Jerry Brown signed into law Assembly Bill 69 by Assemblyman Freddie Rodriguez (D-Pomona).  Law enforcement agencie...
Friday, April 3, 2015

California Court of Appeals Limits Use of Secret Recordings in Administrative Investigations

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In Telish v. State Personnel Board the California Court of Appeal clarified when an employer may use secret recordings. It is against the...
Wednesday, December 17, 2014

Court of Appeal Denies Administrative Appeal for Officers' Involuntary Transfers

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On December 9, 2014, the California Court of Appeal held the Public Safety Officers' Procedural Bill of Rights Act ("POBR") do...
Tuesday, December 2, 2014

California Supreme Court: Arbitrators May Rule On Pitchess Motions

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On December 1, 2014, the California Supreme Court held arbitrators may rule on Pitchess motions during peace officer administrative appeals....
Friday, August 29, 2014

Court of Appeal Enforces One-Year Discipline Limitations Period Even Though Officer's Identity Unknown

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On August 25, 2014, the California Court of Appeal issued a decision in Pedro v. City of Los Angeles . The court held the department's i...
Tuesday, April 29, 2014

Court of Appeal Finds Department May Have Unlawfully Terminated Officers

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On March 20, 2014, the California Court of Appeal found the Orange County Sheriff's Department  may have violated officers' POBR rig...
Monday, March 3, 2014

Supreme Court to Resolve What Counts As a Personnel File

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Government Code section 3255 requires employers give firefighters an opportunity to review any adverse comments before they can be placed in...
Thursday, January 23, 2014

POBR, FFBOR Amendments Clarify Witness Right to Representative

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On January 17, 2014, the state senate amended Senate Bill 388 .  the law would amend the Public Safety Officers Procedural Bill of Rights Ac...
Wednesday, November 20, 2013

Court of Appeal: POBR Violation Voids Dishonesty Charge

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In Ruiz v. City of Bell Gardens (2013) Case No. B244395 , the Court of Appeal affirmed a superior court ruling voiding a dishonesty allegat...
Monday, October 14, 2013

Governor Vetoes Union Rep-Member Privilege, Signs Bills on Brady List Protections, Bargaining, Release Time

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The Governor took action on several bills affecting public safety labor rights.  The Governor vetoed AB 729 , which would have protected lab...