Principles for Public Safety Employment

specialized unit in which there is a strong possibility that bribes or other improper inducements may be offered). Section 3309: This section states that an officer’s locker, or other storage space assigned to him, may not be searched except in his/her presence or with his/her consent. The two exceptions to the presence/consent requirement are when a valid search warrant has been obtained or where the officer has been notified that a search will be conducted. Section 3309.5: This section confers initial jurisdiction with the superior court for any proceeding brought by any public safety officer against any public safety department for alleged violations of the POBR. This section permits a superior court to render injunctive relief prohibiting an employer from taking punitive action against an officer if the employer has violated the POBR. In addition, this section authorizes a superior court to award an officer actual damages, a civil penalty not to exceed $25,000, and attorney’s fees if the officer can prove the public safety employer “maliciously” violated the officer’s POBR rights. Section 3310: This section provides that an agency which has adopted procedures which, at a minimum , provide the same rights or protections as provided by the POBR, are not subject to the POBR with regard to such a procedure. Section 3311: This section provides that nothing in the POBR shall be construed in any way to limit the use of any public safety agency or officer in the fulfilling of mutual aid agreements with other jurisdictions or agencies. Further, this section provides that nothing in the POBR shall be construed in any way to limit any jurisdictional or interagency cooperation under any circumstances where such activity is deemed necessary or desirable by the jurisdictions or the agencies involved. Section 3312: This section states that an employer may not take any punitive action against an officer for wearing a pin or displaying any other item containing the American flag unless the employer provides the officer with written notice that the pin or other item violates an existing rule, regulation or policy, and that the officer has the right to challenge the alleged violation pursuant to existing grievance or appeal procedures. Section 3313: This section provides that in the 2005-2006 fiscal year the Commission on State Mandates shall review its statement of decision regarding the POBR test claim and make any modifications necessary to clarify whether the Act’s provisions contain an unfunded mandate for which local agencies can seek reimbursement from the State. 2. T HE FBOR The FBOR is codified in Government Code sections 3250 through 3262. Below is a brief summary of each section of the FBOR. Please refer to the Government Code for the full text of each section. Section 3250: This section identifies the short title of the FBOR.

Principles for Public Safety Employment ©2022 (s) Liebert Cassidy Whitmore 30