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Does the Peace Officer Bill of Rights Apply to Police Chiefs

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  • 05-21-2014, 10:06 AM
    huntsab
    Does the Peace Officer Bill of Rights Apply to Police Chiefs
    In CA, when a police chief is being investigated for misconduct stemming from internal complaints, do the protections of the POBOR apply to him, as well?

    This police chief was, initially, placed on administrative leave, then reinstated after the city council met in closed session to discuss the city manager's decision to suspend him during the investigation.

    What government code could I research to understand this process and the confidentiality afforded government officials?

    Thank you.
  • 05-21-2014, 10:11 AM
    flyingron
    Re: Does the Pobor Apply to Police Chiefs in California
    Most likely he is. 3301 of the Government Code (which is the beginning of the POBOR statues) defines by reference to the PC who is a peace officer. You have to indicate what department we're talking about, but pretty much, all those on the line side, even those at the top of the chain of commands, provided are covered.

    http://www.leginfo.ca.gov/cgi-bin/di...file=3300-3313
  • 05-21-2014, 10:18 AM
    cdwjava
    Re: Does the Pobor Apply to Police Chiefs in California
    Quote:

    Quoting huntsab
    View Post
    In CA, when a police chief is being investigated for misconduct stemming from internal complaints, do the protections of the POBOR apply to him, as well?

    Yes, they do (see GC 3300-3313 and, specifically, 3304). There are several court cases that affirm the right of POBR protections even to a Chief of Police.

    However, this simply covers termination for allegations of misconduct, issues of notice, etc. It does NOT protect a Chief of Police when addressing issues of non-renewal of a contract or other contractual matters that might result in his termination under the existing employment contract. For instance, if the contract allows for termination without cause under certain circumstances (such as giving 90 days notice and a payout of 6 months salary and benefits), then they can do so without regard for POBR issues.

    Quote:

    This police chief was, initially, placed on administrative leave, then reinstated after the city council met in closed session to discuss the city manager's decision to suspend him during the investigation.
    "Administrative leave" is NOT a suspension or termination as it is not punishment, so there was no reinstatement. He was merely returned to full duty from the admin. leave. So long as he drew his salary there would appear to be no POBR violation for beuing placed on admin. leave. termination might be another matter entirely.

    Quote:

    What government code could I research to understand this process and the confidentiality afforded government officials?
    GC 3300-3313.

    Understand that any personnel investigation for misconduct is confidential and only the employee subject to the investigation can waive that confidentiality. So, if you are asking if you (the public) can find out what was discussed or what he was investigated for, that ain't likely to happen. The city would have to be very vague about the issues involved if they want to avoid being sued into oblivion.
  • 05-21-2014, 10:30 AM
    huntsab
    Re: Does the Pobor Apply to Police Chiefs in California
    Thank you very much. He is claiming he does not know what the investigation is about. That is unlikely under the POBR. He would have even been given copies of the complaints, themselves.
  • 05-21-2014, 10:32 AM
    cdwjava
    Re: Does the Pobor Apply to Police Chiefs in California
    Quote:

    Quoting huntsab
    View Post
    Thank you very much. He is claiming he does not know what the investigation is about. That is unlikely under the POBR. He would have even been given copies of the complaints, themselves.

    Not every city administration is up to speed on POBR issues. I wouldn't be surprised if they put him on administrative leave without providing him notice of the allegations against him that were being investigated. But, that's easily correctable ... They just have to follow the rules, notify him of the nature of the allegations against him and then take it from there.

    I have found that a great many cities do not entirely understand that even department heads hired and appointed by a city manager and/or city council are also subject to the same employee rights under the law. It's a common misunderstanding by cities.
  • 05-21-2014, 10:32 AM
    huntsab
    Re: Does the Pobor Apply to Police Chiefs in California
    A municipal police department.
  • 05-21-2014, 10:33 AM
    cdwjava
    Re: Does the Pobor Apply to Police Chiefs in California
    Quote:

    Quoting huntsab
    View Post
    A municipal police department.

    That's what a police department is. :)
  • 05-21-2014, 10:41 AM
    huntsab
    Re: Does the Pobor Apply to Police Chiefs in California
    This was the acting city manager who, apparently, did not consult with anybody before placing the Chief on administrative leave. His regular position is the Parks and Recs. Director. Thanks for your help.

    - - - Updated - - -

    I was trying to answer Flyingron's question.
  • 05-21-2014, 10:54 AM
    cdwjava
    Re: Does the Pobor Apply to Police Chiefs in California
    Quote:

    Quoting huntsab
    View Post
    This was the acting city manager who, apparently, did not consult with anybody before placing the Chief on administrative leave. His regular position is the Parks and Recs. Director. Thanks for your help.

    - - - Updated - - -

    I was trying to answer Flyingron's question.

    Ah, okay ... though I answered prematurely (on the way out the classroom door at that moment) because a police department can also be any one of a number of other agencies such as schools and even special districts. Though I figured you were referring to a muni PD.

    If the acting CM was not a professional CM it only makes it more likely that mistakes will be made on this often misunderstood law such as it might apply to Chiefs. But, if no penalties were applied it is unlikely that this will end up in any litigation.
  • 05-21-2014, 11:48 AM
    huntsab
    Re: Does the Pobor Apply to Police Chiefs in California
    Could the City Attorney have served as the Acting City Manager?
  • 05-21-2014, 12:23 PM
    cdwjava
    Re: Does the Pobor Apply to Police Chiefs in California
    Quote:

    Quoting huntsab
    View Post
    Could the City Attorney have served as the Acting City Manager?

    Probably not. Most cities contract for city attorney services, and most probably have little to no experience (or desire) to act as an interim city manager.

    My former city manager was also an attorney, but he never acted in both capacities as it would have been inadvisable.
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