LEGISLATIVE COUNSEL'S DIGEST


AB 955, as amended, De Leon. Public Safety Officers Procedural
Bill of Rights Act: discipline.
The Public Safety Officers Procedural Bill of Rights Act prohibits
any punitive action, or denial of promotion on grounds other than
merit, to be undertaken for any act, omission, or other allegation of
misconduct if an investigation of an allegation against a public
safety officer 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 that occurred
on or after January 1, 1998. Existing law requires the public agency
to complete its investigation and notify the public safety officer
of its proposed disciplinary action within that year if it determines
that discipline may be taken.
This bill would instead specify that the discovery could be made
by a person authorized to initiate a complaint or
an investigation of the allegation of an act, omission, or other
misconduct, and require the public agency, within that year, to
notify the public safety officer of the proposed discipline by a
specified letter or notice articulating the discipline. This bill
would specify that the public agency is not required to impose the
discipline within that year.
To the extent that these new requirements would apply to local
government employers, the bill would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.

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Comments/questions on AB 955 (De Leon): Public Safety Officers Procedural Bill of Rights Act: discipline.