California Court of Appeal Rules that Return to a Former Position from Promotional Probation Does Not Trigger POBRA Appeal Rights

By Katy A. Suttorp Although quite broad, the scope of personnel actions covered under the Public Safety Officers Procedural Bill of Rights Act (“POBRA”) does have some statutory limits.  At issue in Conger v. County of Los Angeles was the exclusion in Section 3304(b) of “denial of promotion on grounds other than merit” from the…

Court of Appeal Clarifies POBRA Statute of Limitations, Clearing Way for Disciplinary Proceedings in Racist Texting Case

On June 22, 2017, the California Court of Appeal published a decision in Rain Daugherty v. City and County of San Francisco, denying nine officers’ claim that the disciplinary notices that were issued against them were untimely and in violation of the Public Safety Officers Procedural Bill of Rights Act (POBRA).[1]  The Court of Appeal…

Smile: You’re On Candid Camera. What Happens When Alleged Officer Misconduct is Caught on Tape?

In Santa Ana Police Officers Assn. v. City of Santa Ana, the California Court of Appeal held that officers do not have a reasonable expectation of privacy when they conduct search warrants.  However, the Court also held that internal affairs investigators must provide officers with recordings of prior interrogations and other documents prior to a…

A Police Officer’s Appeal Rights

Prior to the issuance of any disciplinary action, police officers must be given a second bite of the proverbial apple.