Recent Appellate Decisions Benefit Police Management

In the last few years, California law enforcement agencies have achieved a string of appellate victories in cases involving the Public Safety Officers Procedural Bill of Rights Act (“Act”).  (Gov. Code § 3300, et seq.)  This article provides a brief overview of some of the significant decisions.

In Benach v. County of Los Angeles (2007) 149 Cal.App.4th 836, the California Court of Appeal held that removing a deputy sheriff from his special assignment as a pilot without a concomitant loss of rank or pay is not a punitive action which entitles the deputy sheriff to an administrative appeal under the Act.  The key was supporting documentation emphasizing the organizational goals sought to be accomplished and carefully distinguishing the reassignment from a demotion and/or punitive transfer. Exercising similar care, other law enforcement agencies may be able to reassign their personnel without incurring the costs and delays often associated with administrative appeals under the Act.

In Steinert v. City of Covina (2006) 146 Cal.App.4th 458, the Court of Appeal held that a peace officer was not subjected to an illegal interrogation when she was asked questions by her supervisor in the ordinary course of duty.  At the time the supervisor asked the questions, he did not suspect the officer of engaging in serious misconduct.

In Gilbert v. City of Sunnyvale (2005) 130 Cal.App.4th 1264, the Court of Appeal limited a police officers right to receive investigatory documents under both the Skelly due process procedures and Section 3303(g) of the Act.

Earlier, in Upland Police Officers Association v. City of Upland (2003) 111 Cal. App.4th 1294, the Court of Appeal held that a peace officers right of representation under Government Code section 3303(i) is not unlimited. The Court of Appeal held that an officer could not delay an internal affairs interrogation by selecting a representative who was not reasonably available.

These cases may prove useful to your law enforcement management team.  Of course, the application of these decisions will vary depending upon the facts in a given case. Be sure to consult with your legal counsel about the application of these cases to your agency.