Pocket Guide to the Public Safety Officers Procedural Bill of Rights Act

By Cecil Marr and Diane Marchant
Updated by Dieter Dammeier and Richard Kreisler
13th edition, 2009

$16 each

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Our best-selling Pocket Guide! Known statewide as the definitive guide to the rights and obligations established by the act covering peace officer discipline, this edition includes new case law covering exceptions to the statute of limitations, adequacy of disciplinary notice, and the Spielbauer decision.

Specific topics covered by the new edition include:

• Approval of pre-interrogation "anti-huddling" policy
• Supreme Court holding that a formal grant of immunity is not required before compelled questioning
• Limitations on the release of financial records
• Disclosure of investigative material, findings of police review commission
• Impact of criminal investigation on tolling of the statute of limitations
• Compelled cost-sharing of appeal, arbitration

The Pocket Guide offers a clear explanation of the protections relating to investigations, interrogations, self-incrimination, privacy, polygraph exams, searches, personnel files, administrative appeals, and more. The Guide also includes the text of act and summaries of all important cases, a table of cases, glossary, and index of terms.

This edition was revised by Dieter Dammeier and Richard M. Kreisler. Dammeier, a founding partner of Lackie & Dammeier, represents police unions and their members throughout California in labor and disciplinary matters. Kreisler provides representation and counsel to law enforcement managers throughout California and is a partner with the statewide management law firm of Liebert Cassidy Whitmore.

Contents

I. Introduction	1
History of the Bill of Rights Act	2
Analysis and Interpretation of the Act	4
A. Covered Employees	4
B. Procedures for Investigations of Peace Officers	5
1. Complaints from the public	5
2. The nature and scheduling of an interrogation under the Act	6
3. Representation at investigations and interrogations	9
4. Self-incrimination and the 'Lybarger warning'	12
5. Documents to be provided	13
6. Tape recording of interrogation	15
7. Assignment of the accused officer during investigation	15
C. Privacy	16
1. Polygraph examinations	16
2. Financial records	16
3. Media attention	17
4. Searches	17
5. Internet	20
D. Personnel Files	20
1. Entries to personnel files	20
2. Access to personnel files	22
3. Confidentiality of personnel records	22
a. Legislative history of personnel files statutes	22
b. Definition of a confidential personnel record	24
4. Discovery of confidential personnel records	27
a. Motion procedure	29
b. Relationship to the California Public Records Act	34
c. Remedies for improper disclosure	35
E. Disciplinary Proceedings	36
1. Statutes of limitations	36
2. Penalty considerations	38
3. Evidence tampering	39
F. Administrative Appeals 39
1. Right to an 'opportunity for administrative appeal'	39
2. Nature of an administrative appeal	42
G. Remedies for Noncompliance	47
H. Conclusion 50
II. Statutes	51
A. Public Safety Officers Procedural Bill of Rights Act	51
B. Penal Code Definition of Public Safety Officer ("Peace Officer")	64
C. Penal Code Provisions Pertaining to Peace Officers' Rights	85
D. Evidence Code Provisions Pertaining to Peace Officers' Personnel           Records	90
III. Major Court Decisions	95
A. Covered Employees	96
B. Interrogation Rights	96
C. Statute of Limitations	99
D. Preemption and Local Rules	100
E. Polygraph Examinations	100
F. Punitive Action, Appeal Rights: Pay Loss (Including Reduction           While on Probation)	101
G. Punitive Action, Appeal Rights: Personnel Documents	101
H. Punitive Action, Appeal Rights: Probationary Discharge From           Peace Officer Status	103
I. Punitive Action, Appeal Rights: Transfer	103
J. Punitive Action, Appeal Rights: Appeal Format	104
1. Cases directly interpreting the Act	104
2. Cases helpful in interpreting the Act	106
K. Adverse Comments: Right to Respond	107
L. Remedies for Violations of the Act	107
M. Federal Decisions Interpreting the Bill of Rights Act	109
1. Court of Appeals decisions	109
2. Trial court decision	109
N. Decisions Pertaining to Confidential Personnel Files	110
1. Materials Covered by Penal Code Sec. 832.5	110
2. State court procedure: notice to peace officer	111
3. State court procedure: judicial finding of "good cause" based               on declarations	111
4. State court procedure: in camera hearing, exclusions and               protective orders	111
5. Personnel record cases under the California Public Records Act	112
6. Personnel records in federal court	113
7. Applying a federal statute in state court	114
IV. Glossary of Terms	115
V. Index to Cases and Subjects	119