Principles for Public Safety Employment

“Incompatibility of management styles” and/or “a change in administration” are sufficient reasons for removing a chief of police.  An officer may not be subjected to punitive action or denied a promotion on grounds other than merit for any act, omission or other allegation of misconduct if the investigation of the allegation is not completed within one year of the employer’s discovery by a person authorized to initiate an investigation. An employer must complete its investigation and notify the subject officer of any proposed disciplinary action within this one year limitations period subject to certain exceptions .  If, after an investigation and the receipt of an officer’s pre-disciplinary response, an employer intends to impose discipline, the employer must notify the officer in writing of the nature of the discipline and when it will be imposed within 30 days of its decision (unless the officer is unavailable).

Please refer to Government Code section 3304 for the complete text of this section. Section 3304.5: This section states that an administrative appeal instituted by an officer under the POBR shall be conducted in conformance with rules and procedures adopted by the local public agency. Section 3305: This section requires that an officer have an opportunity to read and sign any instrument entered into his or her personnel file “or any other filed used for any personnel purposes by his employer” that contains an adverse comment. Section 3306: This section gives an officer 30 days to respond to any adverse comment entered into his personnel file. The section further provides that the response shall be attached to the adverse comment. Section 3306.5: This section allows an officer to inspect his or her personnel file with no loss in compensation. The section further provides that an officer has the right to make a written request to have any mistaken or unlawfully entered information removed from his or her file. The employer must respond to such a request within 30 calendar days and either grant the request or notify the officer of the decision and reasons refusing the request. Section 3307: This section gives an officer the right to refuse to take a polygraph examination for any reason. Section 3307.5: This section prohibits an employer from requiring an officer to consent to the use of his or her picture on the Internet for any purpose as a condition of employment, if the officer reasonably believes that the disclosure may result in a threat, harassment, intimidation, or harm to that officer or his or her family. Section 3308: This section protects an officer from having to disclose information pertaining to his or her personal finances, except under limited circumstances ( e.g. , to ascertain whether the officer has a conflict of interest or to ascertain whether it is desirable to assign the officer to a

Principles for Public Safety Employment ©2022 (s) Liebert Cassidy Whitmore 29