Principles for Public Safety Employment

Section 3301: This section identifies the legislative purpose behind the POBR. In this regard, section 3301 states that “...effective law enforcement depends upon the maintenance of stable employer-employee relations, between public safety employees and their employers. In order to assure that stable relations are continued throughout the state and to further assure that effective services are provided to all people of the state, it is necessary that this chapter be applicable to all public safety officers,…” Section 3302: This section both protects and restricts an officer’s ability to engage in political activity, and this section also states that an officer may not be prohibited from serving on a school district board. Section 3303: This section sets forth the conditions that apply whenever an officer is under investigation and subject to interrogation by his/her employing department which may lead to “punitive action.” Punitive action means “any action that will lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.” Below is a highlight of some of the conditions which apply to administrative interrogations. Please refer to Government Code section 3303 for the complete language.

 The interrogation must be conducted at a reasonable hour, preferably at a time when the public safety officer is on duty, or during the normal waking hours for the public safety officer, unless the seriousness of the investigation requires otherwise.  The officer must be informed of the rank and name of the command officer in charge of the interrogation, the interrogating officers, and all other persons to be present during the interrogation.  Only two interrogators may ask questions during an interrogation.  The officer must be informed of the nature of the investigation prior to any interrogation.  An interrogation session must be for a reasonable time taking into consideration the gravity and complexity of the issue being investigated.  An officer being interrogated may not be subject to offensive language or threatened with punitive action, except that an officer refusing to respond to questions shall be informed that failure to answer questions directly related to the investigation or interrogation may result in punitive action.  An employer cannot cause an officer under investigation to be subjected to visits by the media without his/her express consent nor shall his/her home address or photograph be given to the news media without his/her express consent.  If an interrogation is recorded, the officer shall have access to the tape if any further proceedings are contemplated or prior to any further interrogation at a subsequent time. Even if the employer chooses not to record, an officer has the right to bring his/her own recording device and record any and all aspects of the interrogation.

Principles for Public Safety Employment ©2022 (s) Liebert Cassidy Whitmore 26