Principles for Public Safety Employment

suspension order shall be deemed vacated if the local EMS agency fails to make a final determination on the merits within 15 days after the administrative law judge renders the proposed decision. 124 E. I SSUES TO C ONSIDER W HEN B EGINNING AN I NVESTIGATION FOR A DMINISTRATIVE M ISCONDUCT 1. D ECIDING W HEN TO S TART AN I NVESTIGATION Neither the POBR nor the FBOR state when an employer must conduct an investigation. But an employing agency should promptly start an investigation when management reasonably suspects that an employee has engaged in conduct which violates a policy, order, rule, regulation, or statute which would result in discipline. As discussed in Section 3, I below, the Acts generally establish a one-year statute of limitations. Under the FBOR, the one-year statute of limitations begins to run when the employing fire department becomes aware of possible misconduct. 125 Under the POBR, the one-year statute of limitations begins to run when someone from the public agency with authority to initiate an investigation becomes aware of the alleged misconduct. 126 This means that the one-year time period begins to run when any supervisor learns of the alleged misconduct for POBR cases. Beginning January 1, 2023, every law enforcement agency is responsible for the completion of investigation of allegations of “serious misconduct” by a peace officer, regardless of his or her employment status. 127 This means that if the accused officer resigns during the investigation, the department may not simply close the investigation; it must finish. POST is required to develop a definition of “serious misconduct” by the same date, which must include at least the following: (1) Dishonesty relating to the reporting, investigation, or prosecution of a crime, or relating to the reporting of, or investigation of misconduct by, a peace officer or custodial officer, including, but not limited to, false statements, intentionally filing false reports, tampering with, falsifying, destroying, or concealing evidence, perjury, and tampering with data recorded by a body-worn camera or other recording device for purposes of concealing misconduct. (2) Abuse of power, including, but not limited to, intimidating witnesses, knowingly obtaining a false confession, and knowingly making a false arrest. (3) Physical abuse, including, but not limited to, the excessive or unreasonable use of force. (4) Sexual assault, as defined in Penal Code Section 832.7(b). (5) Demonstrating bias on the basis of race, national origin, religion, gender identity or expression, housing status, sexual orientation, mental or physical disability, or other protected status in violation of law or department policy or inconsistent with a peace officer’s obligation to carry out their duties in a fair and unbiased manner. This paragraph

Principles for Public Safety Employment ©2022 (s) Liebert Cassidy Whitmore 41