Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

GET IT > GET IT > Flashcards

GET IT Flashcards

1
Q

Any punitive action and denial of promotion on ground other than merit for misconduct must be investigated to completion within ________.

a. 6 months
b. 1 year
c. 18 months
d. 120 days

A

b. 1 year

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

An Officer has right to counsel prior to writing an arrest report that may be used against him in both criminal and administrative proceedings?
a. True

b. False

A

a. True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

In the event the agency determines that discipline may be taken, it shall complete the investigation and notify the officer of the proposed discipline with 1 year, except in any of the following:
a. The employee is incapacitated or unavailable

b. Involved as a matter in civil litigation where the officer is named as a party defendant
c. Involves a matter in criminal litigation where the complainant is a criminal defendant
d. Involves an allegation of worker’s compensation
e. All of the above

A

e. All of the above

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

All complaints may be maintained in:

a. The officer’s general file
b. A separate file
c. A and B
d. None of the above

A

c. A and B

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

If an individual files a complaint with the officer’s agency alleging misconduct, criminal misconduct or incompetence, the officer may bring action for defamation and that individual if:
a. The complaint was false

b. The complaint was made with knowledge that it was false
c. The complaint was made with spite, hatred or ill will
d. All of the above

A

d. All of the above

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

In determining good cause for discovery of personnel records, the trial court consider which of the following:
a. Logical connection between the charges and the proposed defense

b. Factually specific to support a claim of officer misconduct
c. Supports the proposed defense
d. Under what theory the information would be admissible at trail
e. All of the above

A

e. All of the above

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

No officer shall be loaned or temporarily reassigned to a location or assignment if a member of his dept would not normally be sent to that location and be given that assignment.
a. True

b. False

A

a. True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

A peace officer’s personnel records and records maintained by the agency or information obtained from these records are:
a. Confidential and shall not be disclosed

b. Can only be disclosed in a criminal case
c. Can only be disclosed in civil case
d. B and C

A

a. Confidential and shall not be disclosed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

How often is an officer required to qualify in the use of firearms?
a. Once a year

b. Once every other year
c. Every 6 months
d. When deemed by department policy

A

Every 6 months

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Does an officer, after being read the Lybarger Warning give up his right to remain silent?
a. Yes

b. No

A

b. No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Is a citizen complaint and adverse comment?
a. Yes

b. No

A

a. Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Pre-interrogation discovery the agency must produce the tape recordings of any prior interrogations, notes or reports and complaints before conducting any further interrogations. The following are all true except:
a. An officer can bring his own recorder

b. The above applies to all interrogations
c. The above does not apply to the initial interrogation
d. None of the above

A

c. The above does not apply to the initial interrogation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

An at-will officer is entitled to a hearing under the following except:
a. Misconduct that he denies

b. Has a property interest, who is dismissed, demoted, suspended, or reduced in salary.
c. Has a property interest, who receives a written reprimand and who is transferred for the purpose of punishment
d. Released for not meeting expected standards
e. None of the Above.

A

c. Has a property interest, who receives a written reprimand and who is transferred for the purpose of punishment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Under a Pitchess Motion is an officers personal recollection protected in an oral deposition when asked about if he or she ever received reprimands?
a. Yes

b. No

A

a. Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

When punitive action does not impact the officer’s pay, the agency may provide a hearing that does not afford the officers right to:
a. Counsel

b. Confront and cross-examine witnesses
c. Appeal
d. None of the Above

A

b. Confront and cross-examine witnesses

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

To qualify for a backpay award you must demonstrate:
a. A violation of an internal policy

b. A violation of the Act
c. Show that evidence was suppressed
d. Both A and B

A

b. A violation of the Act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Under Pitchess motion, the agencies custodian of records must produce:
a. The officer’s entire personnel file

b. Only documents potentially relevant documents
c. All documents in the personnel file
d. B and C

A

b. Only documents potentially relevant documents

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

The protections of the ACT apply to any questioning by whom?
a. An attorney

b. A supervisor
c. A citizen
d. None of the above

A

b. A supervisor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Complaints and any report finding shall be retained for at least ___.
a. 6 months

b. 1 year
c. 3 years
d. 5 years

A

d. 5 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

An investigation may be reopened against an officer if the following exists, except:
a. The officer requests the investigation be reopened

b. New evidence was discovered which could not have been discovered in the normal course of the investigation without resorting to extraordinary measures
c. New evidence resulted from the officer’s predisciplinary response of procedure
d. None of the above

A

a. The officer requests the investigation be reopened

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Does double jeopardy apply in employment decisions?

a. Yes
b. No

A

b. No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Who is entitled to an officer’s statement without a subpoena:

a. The public
b. The DA’s office
c. Federal grand jury
d. None of the above

A

b. The DA’s office

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

No officer shall be compelled to submit to a lie detector against his will.
a. True

b. False

A

a. True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

If an officer notified the department to cease and desist from disclosing his photography or identity which is being publish on the internet when he believes the disclosure could result in threat, harassment, intimidation or harm to the officer or his family, the department has ___ after receipt of notification to comply or the court can impose a civil penalty not to exceed ______ per day.

a. 30 days, $1000
b. 5 days, $500
c. 24 hours, $500
d. 2 days, $500

A

d. 2 days, $500

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Which of the following have the right to receive notice of adverse comments entered into their personnel files and are allowed to respond?

a. Former officers
b. Reserve officers
c. Active employed officers
d. A and C

A

d. A and C

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Which answer is most correct when, a polygraph test is required under what circumstances:

a. A criminal investigation
b. Screen applicants
c. A policy complaint
d. Voluntarily seeking transfer to sensitive assignments
e. B and D
f. All of the Above

A

e. B and D

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

After receiving a notice of an adverse comment, an officer has how many days to make and written response?

a. 10 days
b. 20 days
c. 30 days
d. 60 days

A

c. 30 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

All complaints may be maintained in the officer’s general file or in a separate file designated by the department.

a. True
b. False

A

a. True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Are negative comments in an officer’s personnel evaluation, which included threatened future discipline, considered punitive action and entitle the officer to an administrative appeal?

a. Yes
b. No

A

b. No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Lybarger Warnings are required under all of the following circumstances except:

a. Officer may be charged with a crime
b. Officer refused to answer questions because they may be self incriminating
c. Prior to speaking to his attorney
d. When the employer initiates interrogation of the officer

A

c. Prior to speaking to his attorney

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Any punitive action and denial of promotion on ground other than merit for misconduct must be investigated to completion within ________.

a. 6 months
b. 1 year
c. 18 months
d. 120 days

A

b. 1 year

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

A liberty interest hearing for a probationer, only affords him/her an opportunity to:

a. Save his/her job
b. Cross-examine witnesses
c. Clear his/her name
d. B and C

A

c. Clear his/her name

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

The Court of Appeal has permitted officers to sue their agency. Which of the following are is not true:

a. Even when initiated administrative procedures prior to commencing litigation
b. For violation of the Act without exhausting the administrative remedies
c. In violation of an internal policy
d. Suppression of evidence in violation of officer’s rights under the Act is an appropriate remedy

A

c. In violation of an internal policy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

An interrogation by which can lead to punitive action shall be conducted for what length of time?

a. No more than 4 hours
b. In 2 hour sessions with a 15 minute break in between
c. For the duration agreed upon prior to the interrogation
d. A reasonable time

A

d. A reasonable time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

If an officer is denies a merit pay increase because of an unfavorable performance review, is the officer entitled to an administrative appeal?

a. Yes
b. No

A

b. No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

When any officer is under investigation and subjected to interrogation by a commanding officer, or other member or the department and it could lead to punitive action, the interrogation shall be conducted as follows except:

a. At a reasonable hour; preferably when the officer is on duty
b. No compensation for any off duty time
c. Be informed prior to interrogation of the rank name and command officer in charge of the interrogation and all other persons present
d. No more than two interrogators
e. All of the above

A

b. No compensation for any off duty time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

It is unlawful for the department to deny or refuse any officer the rights of this chapter. Upon finding by court that a department or employee maliciously violated any provision of this chapter with the intent to injure the officer, the department shall for each and every violation be liable for a civil penalty not to exceed $______ and for attorney fees.
a. $5,000

b. $10,000
c. $25,000
d. $50,000

A

c. $25,000

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

Is it required for the officer under investigation be given the investigator’s raw notes prior to disciplinary action?

a. True
b. False

A

a. True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

In the event the agency determines that discipline may be taken, it shall complete the investigation and notify the officer of the proposed discipline with 1 year, except in any of the following:
a. If the act, omission, or other allegation of misconduct is also the subject of criminal investigation or prosecution

b. It’s a multijurisdictional investigation that requires reasonable coordination of the involved agencies
c. If it involves more than one employee and requires reasonable extension
d. All of the above

A

d. All of the above

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

The department shall provide a written notification to the complaining party of the disposition of the complaint within:
a. 7 days

b. 10 days
c. 30 days
d. 45 days

A

c. 30 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

If an officer made statement under duress, coercion, or threat of punitive action shall be admissible in subsequent civil proceedings:

a. Never. The statement would be suppressed
b. When the agency is seeking civil sanctions, including disciplinary action
c. If brought by the officer or Rep, arising out of disciplinary action
d. When used to impeach the officer’s testimony
e. If the officer is subsequently deceased

A

a. Never. The statement would be suppressed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

An officer’s Lawful Exercise of Right include all of the following except:

a. No officer shall be subjected to punitive action or denied promotion or be threatened with such treatment
b. No punitive action or denial of promotion on grounds other than merit can be undertaken against an officer that completed probation without providing the officer with administrated appeal
c. No punitive action or denial of promotion on grounds other than merit can be undertaken for any act, omission, or other allegation of misconduct if the investigation is not completed within 1 year
d. All of the above

A

d. All of the above

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

If an officer is being interrogated by another agency on a criminal matter is he/or she entitle to the protection of the Act?

a. Yes
b. No

A

b. No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

It is a violation of the Penal Code for management to secretly tape record an officer’s statement for an administrative investigation?

a. True
b. False

A

a. True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

Once an officer retires the records generated during employment:

a. Cease being personnel records
b. Do no don’t cease being personnel records
c. Are deleted in full
d. A and D

A

b. Do no don’t cease being personnel records

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

No public safety officer shall have his locker or other personal storage space under the employer’s control searched except:

a) In his presence
b) With his consent
c) When notified
d) All of the above

A

d) All of the above

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

Filing a false complaint is a misdemeanor and requires the complainant to read and sign an admonition acknowledging the ramifications of filing a false complaint:

a. True
b. False

A

a. True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

Does an officer, under the Act, have the right to decline to take a lie detector test?
a. Not when order

b. No
c. Yes
d. Only when advised by an attorney

A

c. Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

Upon the formal written statement of charges or if interrogation focuses on matters likely to result in punitive action, the officer shall have a right to be represented by a rep. All of the following is true except:

a. The rep shall not be required to disclose information received by the affected officer for non-criminal and criminal matters.
b. This is not applicable when officer receiving counseling, instruction, or informal verbal admonishment
c. Not applicable if investigation is concerned with alleged criminal activities
d. None of the above

A

a. The rep shall not be required to disclose information received by the affected officer for non-criminal and criminal matters.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

The protections of the ACT apply to an “Internal Affairs” setting.
a. True

b. False

A

b. False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

If the officer agrees to answer questions after the Lybarger Warning admonition, his answers can be used by the department for;
a. Criminal prosecution

b. Administrative purpose and criminal prosecution
c. Administrative purpose
d. Criminal and disciplinary action

A

c. Administrative purpose

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

Regarding the response to adverse comments entered into a personnel file; which of the following is most true;
a. The officer must have read and signed the instrument containing the comment

b. The officer has 30 days to file a written response
c. If the officer refuses to sign the instrument containing the comment, it will be entered into the personnel files
d. A B and C
e. A and the officer has only 5 working days to file a written response

A

d. A B and C

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
53
Q

Does the Act apply in a worker’s compensation deposition?
a. Yes

b. No

A

b. No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
54
Q

Prior to any official determination regarding promotion, transfer, or disciplinary action by an officer’s agency, any frivolous, unfounded or exonerated complaint:

a. Shall be maintained in the officer general file
b. Shall be maintained in a separate file
c. Shall not be maintained in the officer’s general file
d. B and C

A

b. Shall be maintained in a separate file

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
55
Q

Under a Pitchess motion, courts shall exclude from discovery complaints in any criminal proceeding and the conclusions of any officer investigating a citizen complaint:

a. More than 1 year old
b. More than 5 years old
c. More than 7 years old
d. More than 10 years old

A

b. More than 5 years old

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
56
Q

If an officer submits voluntarily to a lie detector test, the results will be admitted in a subsequent administrative hearing?

a. True
b. False

A

b. False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
57
Q

An Officer being investigated for conduct that may amount to criminal misconduct can only be assured of confidentiality by using a

a. Citizen rep
b. Sworn Officer rep
c. A POA rep
d. Lawyer rep

A

d. Lawyer rep

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
58
Q

To File a Pitchess motion, the party seeking discovery or disclosure shall file a written motion with the court or administrative agency which has custody and control of the records. Requires service of the motion at least ___ days prior to the hearing date

a. 10 days
b. 16 days
c. 20 days
d. 30 days

A

b. 16 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
59
Q

In a Pitchess motion, the moving party must identify and describe the documents sought, and must provide affidavits showing _____________ for the discovery or disclosure sought?
a. Reasonable cause

b. Probable cause
c. Good cause
d. All of the above

A

c. Good cause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
60
Q

When can; the department release factual information concerning a disciplinary investigation?

a. When requested by the public
b. When requested by the DA’s office
c. When deemed necessary by the department
d. When the officer or his rep publicly makes a statement he knows is false concerning the investigation

A

d. When the officer or his rep publicly makes a statement he knows is false concerning the investigation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
61
Q

A knowledgeable union rep could assist the employer by all of the following, except:

a. Getting a confession
b. Eliciting favorable facts
c. Getting to the bottom of the incident
d. Save the employer production time

A

c. Getting to the bottom of the incident

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
62
Q

Who is not entitled to appeals regarding punitive action?

a. Police Officer
b. Assistant Chief of Police
c. Captains
d. Probationary Officers
e. None of the Above

A

d. Probationary Officers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
63
Q

If a probationary officer is dismissed for failing to meet performance standards, a liberty interest hearing would not be required.

a. True
b. False

A

a. True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
64
Q

Interrogation may be recorded. If so the officer shall have access to tape; the officer is also entitled to transcribed copy or notes or reports under all of the condition except:

a. If it is deemed confidential
b. If it is a only a policy complaint
c. If it is a criminal complaint
d. B and C

A

a. If it is deemed confidential

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
65
Q

The ACT specifies elements of _____________ rights that must be accorded to “public safety officers” when they are subject to ____________ and _________.

a. Enumerated, overtime, call back.
b. Procedural, investigation, discipline
c. Procedural, detention, arrest
d. Enumerated, investigation, discipline

A

b. Procedural, investigation, discipline

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
66
Q

Labor relations laws demonstrate all of the following about representation, except:

a. A rep is for mere observation.
b. A rep shall not be required to disclose, nor be subject to any punitive action for refusing to disclose, any information received from an officer in non criminal investigations
c. Union representation is not met, if the rep is a passive observer
d. None of the above

A

a. A rep is for mere observation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
67
Q

No officer shall have his locker or other space assigned to him searched except by a search warrant, and all of the following except:
a. Consent

b. When in the presence of Internal Affairs Commander
c. When notified of the search
d. In his presence

A

b. When in the presence of Internal Affairs Commander

68
Q

Due Process Clause rules allow a probationer, a liberty interest hearing for all of the following except:

a. Probationary Promotion - Demotion
b. Not meeting expected standards
c. Misconduct
d. B and C

A

b. Not meeting expected standards

69
Q

Violation of the Act are unlawful and mandate:

a. Appropriate injunctive relief
b. Extraordinary relief
c. Civil prosecution
d. Criminal prosecution
e. A and B
f. A and C

A

e. A and B

70
Q

Every employer shall permit the officer to inspect personnel files that are used or have been used to determine the officer’s qualifications for employment, promotion, additional compensation, or termination or other disciplinary action. I the officer believes that any portion is mistakenly or unlawfully placed in the file, the officer, may request in writing that the mistaken or unlawful portion be corrected or deleted. Within ___ calendar days of receipt of the request, the employer shall grant the officer’s request, or refused the request. If the employer refuses to grant the request, the employer shall state in writing the reasons for refusing the request and that written statement shall become part of the personnel file.

a. 5 working days
b. 7 calendar days
c. 10 calendar days
d. 30 calendar days

A

d. 30 calendar days

71
Q

Can a sworn officer which is a rep be disciplined for failing to reveal information that would ordinarily be deemed privileged if the information is evidence of criminal conduct? And does he need to know the misconduct was criminal?

a. True, no
b. True, yes
c. False, no
d. False, yes

A

a. True, no

72
Q

If after the investigation and after any predisciplinary response or procedure, the agency shall notify the employee in writing of its decision to impose discipline, including the date the discipline with be impose, within ____ days of its decision.

a. 7
b. 10
c. 21
d. 30

A

d. 30

73
Q

Define Punitive Action

A 
Dismissal
Demotion
Suspension
Reduction in Salary
Written Reprimand
Transfer for punishment
GC3303
74
Q

When should the interrogation be held?

A

At a reasonable hour
Preferrably when the employee is on-duty
During the normal waking hours for the employee
If the employee is off-duty he shall be compensated
Employee shall not be released for any work missed
GC3303(a)

75
Q

What must the employee be notified of prior to interrogation?

A

Name, rank, command of (GC3303(b));
officer in charge
Interrogators (No more than 2)
Anyone else present during interrogation

Nature of the investigation (Scope) (GC3303(c))
All included in the Notice of interrogation

76
Q

How long can the interrogation go?

A

“reasonable period taking into consideration the gravity and complexity of the issue being investigated”
Employee shall be allowed to tend to their personal needs
GC3303(d)

77
Q

Threats, rewards and the press

A

Employee shall not be subjected to offensive language or threatened with punitive action
Employee shall be informed of punitive action for failure to answer questions
No promise of reward or inducement shall be offered
Employer shall not give out the home address or photograph of the employee to the press
GC3303(e)

78
Q

Recording the interrogation

A

The complete interrogation may be recorded
The employee may have his own recorder
The employee shall be given a copy of the recording prior to any subsequent proceedings
Employee is entitled to a copy of the report (except for parts deemed confidential)
(GC3303(g)

79
Q

What is required of the interrogators if they believe that the employee may be charged with a criminal offense?

A

If prior to or during the interrogation of a public safety officer it is deemed that he or she may be charged with a criminal offense, he or she shall be immediately informed of his or her constitutional rights (Miranda)

GC3303(h)

80
Q

When is the employee entitled to representation?

A

Upon filing of formal written charges,
Or whenever an interrogation focuses on matters likely to result in punitive action
“Shall NOT apply to any interrogation of a public safety officer in the normal course of duty, counseling, instruction, or informal verbal admonishment by, or other routine or unplanned contact with, a supervisor or any other public safety officer”
GC3303(i)

81
Q

Who is qualified to be a representative?

A

Anyone that is not a subject of the investigation

GC3303(i)

82
Q

Can an employee be temporarily reassigned to a different location or duty assignment?

A

No public safety officer shall be loaned or temporarily reassigned to a location or duty assignment if a sworn member of his or her department would not normally be sent to that location or would not normally be given that duty assignment under similar circumstances.
GC3303(j)

83
Q

Does POBR cover retaliation by the department?

A

No public safety officer shall be subjected to punitive action, or denied promotion, or be threatened with any such treatment, because of the lawful exercise of the rights granted under this chapter, or the exercise of any rights under any existing administrative grievance procedure.

84
Q

What does the acronym POBR stand for?

What year was it established?

A

Public Safety Officers Procedural Bill of Rights

Added to statutes in 1976, effective 1977

85
Q

Can a public safety officer participate in political activities?

A

Except as otherwise provided by law, or whenever on duty or in uniform,

No public safety officer shall be prohibited from engaging, or be coerced or required to engage, in political activity.

GC3302(a)

86
Q

Can a public safety officer serve on a school board?

A

Yes

No public safety officer shall be prohibited from seeking election to, or serving as a member of, the governing board of a school district.

GC3302(b)

87
Q

Are all public safety officers entitled to an appeal process?

A

No punitive action, nor denial of promotion on grounds other than merit, shall be undertaken by any public agency against any public safety officer who has successfully completed the probationary period that may be required by his or her employing agency without providing the public safety officer with an opportunity for administrative appeal.
GC3304(b)

88
Q

What is the time limit on completion of an investigation?

When does the clock the start?

A

The investigation of the allegation must be completed within one year1 of the public agency’s discovery by a person authorized to initiate an investigation of the allegation…

GC3304(d)(1)

89
Q

1) When does the public safety officer have to be notified of the agency’s intent to impose discipline?
2) What are the exceptions (8)?
3) Does the discipline have to served in the same time frame?

A

1) Within the 1 year
2) Exceptions (Tolling):

(A) If the allegation is also the subject of a criminal investigation

(B) If the public safety officer waives the one-year time period in writing

(C) If the investigation is a multijurisdictional investigation that requires a reasonable extension

(D) If the investigation involves more than one employee and requires a reasonable extension.

(E) If the investigation involves an employee who is incapacitated or otherwise unavailable.

(F) If the investigation involves a matter in civil litigation where the public safety officer is named as a party defendant.

(G) If the investigation involves a matter in criminal litigation where the complainant is a criminal defendant

(H) If the investigation involves an allegation of workers’ compensation fraud on the part of the public safety officer.

3) No
GC3304(d)(1)

90
Q

Does the public safety officer have the right to see adverse comments placed in his personnel folder?

A

Yes, No public safety officer shall have any comment adverse to his interest entered in his personnel file..without the public safety officer having first read and signed the instrument. Should a public safety officer refuse to sign, that fact shall be noted on that document, and signed or initialed by such officer.

GC3305

91
Q

Can the agency take adverse action on a public safety officer merely because the officer’s name appears on a Brady list?

A

NO, A punitive action…shall not be undertaken by any public agency against any public safety officer solely because that officer’s name has been placed on a Brady list

This section shall not prohibit a public agency from taking punitive action,…against a public safety officer based on the underlying acts or omissions for which that officer’s name was placed on a Brady list

GC3305.5

92
Q

Is there a time limit for a public safety officer to file a response to a written adverse comment placed in his personnel folder?

A

Yes, A public safety officer shall have 30 days within which to file a written response to any adverse comment entered in his personnel file. Such written response shall be attached to, and shall accompany, the adverse comment.

GC3306

93
Q

When can the public safety officer review his personnel file?

A

(a) Every employer shall, at reasonable times and at reasonable intervals, upon the request of a public safety officer, during usual business hours, with no loss of compensation to the officer, permit that officer to inspect personnel files that are used or have been used to determine that officer’s qualifications for employment, promotion, additional compensation, or termination or other disciplinary action.

GC3306.5(a-b)

94
Q

Does the public safety officer have any course of action if after review of his personnel file he believes information has been enter unlawfully or erroneously?

A

…the officer may request, in writing, that the mistaken or unlawful portion be corrected or deleted.

Any request made pursuant to this subdivision shall include a statement by the officer describing the corrections or deletions from the personnel file requested and the reasons supporting those corrections or deletions.

A statement submitted pursuant to this subdivision shall become part of the personnel file of the officer.

GC3306.5(c)

95
Q

Does the public safety officer have a right to refuse a lie detector?

A

No public safety officer shall be compelled to submit to a lie detector test against his or her will. No disciplinary action or other recrimination shall be taken against a public safety officer refusing to submit to a lie detector test, nor shall any comment be entered anywhere in the investigator’s notes or anywhere else that the public safety officer refused to take, or did not take, a lie detector test, nor shall any testimony or evidence be admissible at a subsequent hearing, trial, or proceeding, judicial or administrative, to the effect that the public safety officer refused to take, or was subjected to, a lie detector test.

GC3307(a)

96
Q

Can the agency use the public safety officers photograph on the internet without his consent?

A

NO, No public safety officer shall be required as a condition of employment by his or her employing public safety department or other public agency to consent to the use of his or her photograph or identity as a public safety officer on the Internet for any purpose if that officer reasonably believes that the disclosure may result in a threat, harassment, intimidation, or harm to that officer or his or her family.

GC3307.5(a)

97
Q

Can the agency request or require a public safety officer to disclose his financial information?

A

NO, No public safety officer shall be required or requested for purposes of job assignment or other personnel action to disclose any item of his property, income, assets, source of income, debts or personal or domestic expenditures (including those of any member of his family or household)

Unless such information is obtained or required under

state law or proper legal procedure,
tends to indicate a conflict of interest with respect to the performance of his official duties,
or is necessary for the employing agency to ascertain the desirability of assigning the public safety officer to a specialized unit in which there is a strong possibility that bribes or other improper inducements may be offered.
GC3308

98
Q

Under what conditions may the agency search a public safety officer’s locker or other storage space?

A

1) …in his presence, or
2) with his consent, or
3) unless a valid search warrant has been obtained or
4) where he has been notified that a search will be conducted.

This section shall apply only to lockers or other space for storage that are owned or leased by the employing agency.

GC3309

99
Q

Are there consequences for the agency violating the public safety officers procedural bill of rights?

A

YES, if the agency maliciously violated any provision of this chapter with the intent to injure the public safety officer, the public safety department shall, for each and every violation, be liable for a civil penalty not to exceed $25,000

GC3309.5(e)

100
Q

What requirement does the Lybarger v. City of Los Angles (1984) place upon the employer?

A

Requires the employer advise the employee of his constitutional rights (Miranda) affirming GC3303(h)

101
Q

What affect did the Garrity v. New Jersey (1967) decision have on compelled statements?

A

Garrity requires the agency to advise the employee of there constitutional rights and that any statement given within the interrogation could not be used against them in a criminal proceeding.

Without Garrity The employee’s decision was either to forfeit their jobs or to incriminate themselves.

102
Q

Where do I find POBR?

A

Cal. Government code 3300 - 3313

103
Q

When do POBAR rights apply?

A

When the peace officer employee is under investigation and subjected to interrogation that could lead to punitive action.

Not in criminal investigations; POBAR does not apply to an investigation concerned solely and directly with alleged criminal activities

Not in normal course of duty or other routine contact with a supervisor

104
Q

What is a complaint?

A

A formal accusation taken by a department from a citizen, or another employee, or a superior officer alleging a peace officer employee engaged in misconduct.

105
Q

What penal code requires every law enforcement agency in CA to establish a procedure to investigate “complaints” against peace officers made by members of the public?

A

Cal Penal Code 832.5

106
Q

What is punitive action under POBR?

A

Any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.

107
Q

Is an employee entitled to pre-interrogation discovery?

A

No. After an interrogation, peace officers are entitled to “copy of notes made by a stenographer or to any reports or complaints made by investigators or other persons”

Usually only after charged and findings made.

108
Q

What if a peace officer refuses to answer my questions after being fully admonished?

A

Give a direct order to answer the questions. If he refuses to answer, then write the case for insubordination.

An employee can be disciplined for refusing to answer after being admonished

109
Q

If a peace officer agrees to answer questions after being admonished, Can his answers be used against him in a criminal case?

A

Under almost all circumstances the answer is NO, the answers cannot be used in a criminal case against the officer because the statement is considered coerced.

110
Q

Can multiple employees involved in an incident be separated under investigation?

A

Yes. There is no right to consult with legal counsel and or labor representatives collectively or in groups.

111
Q

Exceptions that toll the one year rule:

A

Limited Exceptions to one year rule:
(A) If the allegation of misconduct is also the subject of a criminal investigation or criminal prosecution, the time during which the criminal investigation or prosecution is pending shall toll the one- year time period.
(B) If the public safety officer waives the one-year time period in writing, the time period is tolled as specified.
(C) If the investigation is a multijurisdictional investigation that requires a reasonable extension for coordination of the involved agencies.
(D) If the investigation involves more than one employee and requires a reasonable extension.
(E) If the investigation involves an employee who is incapacitated or otherwise unavailable.
(F) If the investigation involves a matter in civil litigation where the public safety officer is named as a party defendant, then tolled while that civil action is pending.
(G) If the investigation involves a matter in criminal litigation where the complainant is a criminal defendant, then tolled during the period of that defendant’s criminal investigation and prosecution.
(H) If the investigation involves an allegation of workers’ compensation fraud on the part of the public safety officer.

112
Q

Can a rep who is a police officer be compelled to tell what the officer has told him?

A

No,

in non-criminal matters: “the rep shall not be required to disclose, nor be subject to any punitive action for refusing to disclose, any information received from the officer under investigation for non criminal matters”

If criminal matter: Peace Officer Rep can be compelled to disclose.
Why: peace officer first, rep second.
(The accused peace officer will use a lawyer)

113
Q

Does a person authorized to initiate an investigation have to know or suspect the identity of the officer who allegedly committed the misconduct before the limitations period begins?

A

No. Ignorance of the accused officer’s identity does not postpone the commencement of the one-year limitations period under Government Code § 3304, subdivision (d)(1). Pedro v. City of Los Angeles, 229 Cal. App. 4th 87

114
Q

When discipline is issued, when does the employee have to receive it?

A

Within 30 days of agency’s decision.

“If … agency decides to impose discipline, agency shall notify officer in writing of its decision to impose discipline, including the date it will be imposed, within 30 days of its decision, except if the officer is unavailable for discipline.” § 3304(f)

115
Q

Can I order a peace officer to consent to a search of his personal car or home?

A

No.

No authority permits an administratively coerced search of location other than those under department control. LAPPL v. Gates 907 F.2d 879

116
Q

SB 1421:

A

~Use of force involving death or GBI

~Discharge of a firearm

~Sustained dishonesty relating to the reporting, investigation, prosecution of a crime or dishonesty regarding a partner of above.

~Sustained sexual assault of a member of the public.

117
Q

Do Probationary peace officers have the right to administrative appeals of punitive actions.

A

Probationary peace officers DO NOT have right to administrative appeals of punitive actions.

118
Q

True or False: An Officer is entitled to representation prior to writing a police report of an incident that may lead to misconduct allegations?

A

True

119
Q

Charges

A

The formal accusation of misconduct issued after an investigation of a complaint

120
Q

Complaint

A

The formal accusation taken by a department from a citizen or another officer accusing an officer of misconduct.

121
Q

Who does the California POBR apply to?

A

POBAR applies to all peace officers specified in Sections 830.1, 830.2, 830.3, 830.31, 830.33, except subdivision (e), 830.34, 830.35,, except subdivision (c), 830.36, 830.37, 830.38, 830.4, and 830.5 of the penal code

Probationary peace officers do not have right to administrative appeals of punitive actions.

Cal POBAR does not apply to officers not listed by statute, so federal officers are not covered.

122
Q

What is the POBAR?

A

A law that specifies basic procedural rights and protections which must be afforded to all public safety officers by the agencies that employ them when the employees are subject to investigation or discipline

123
Q

Where do I find POBAR?

A

Cal. Government code 3300 - 3313

124
Q

When do POBAR rights apply?

A

When the peace officer employee is under investigation and subjected to interrogation that could lead to punitive action.

Not in criminal investigations; POBAR does not apply to an investigation concerned solely and directly with alleged criminal activities

Not in normal course of duty or other routine contact with a supervisor

125
Q

What penal code requires every law enforcement agency in CA to establish a procedure to investigate “complaints” against peace officers made by members of the public?

A

Cal Penal Code 832.5

126
Q

What is punitive action under POBAR?

A

Any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.

127
Q

Is an interrogation the same as an interview?

A

Yes. For the purposes of the POBAR, the terms interview and interrogation are interchangeable

128
Q

When can an interview/ interrogation take place?

A

At a reasonable hour, preferably at a time when the public safety officer is on duty, or during the normal waking hours for the public safety officer, unless seriousness of the investigation requires otherwise

129
Q

What if I can’t wait until the employee comes back from days off?

A

If the interrogation does occur during off-duty time of the public safety officer being interrogated, the public safety officer shall be compensated for any off-duty time in accordance with regular department procedures

130
Q

Must I identify myself prior to the interrogation?

A

Yes. The public safety officer under investigation shall be informed prior to the interrogation of the rank, name, and command of the officer in charge of the interrogation, the interrogating officers, and all of persons to be present during the interrogation

131
Q

How many people can ask questions during an interrogation?

A

All questions directed to the public safety officer under investigation shall be asked by and through no more than two interrogators at one time

132
Q

Does a peace officer have to be told why he is being investigated?

A

Yes. The officer under investigation shall be informed of the nature of the investigation prior to any interrogation

133
Q

Are peace officers allowed bathroom breaks during the interrogation?

A

Yes. The person under interrogation shall be allowed to attend to his or her own personal physical necessities

134
Q

Is it OK to promise not to discipline an employee if he answers the questions?

A

No. No promise of reward shall be made as an inducement to answering any questions

135
Q

Is an employee entitled to pre-interrogation discovery?

A

No. After an interrogation, peace officers are entitled to “copy of notes made by a stenographer or to any reports or complaints made by investigators or other persons”

Usually only after charged and findings made.

136
Q

What is a disclosable report?

A

The final written report of the investigator

137
Q

What is a disclosable complaint?

A

A formal allegation against a party

138
Q

Can an interview be tape recorded?

A

Yes. The complete interrogation of a public safety officer may be recorded

139
Q

Is a peace officer entitled to a copy of the tape?

A

Yes. The public safety officer shall have access to the tape if any further proceedings are contemplated or prior to any further interrogation at a subsequent time

140
Q

Can a peace officer bring his own tape recorder?

A

Yes. The public safety officer being interrogated shall have the right to bring his own recording device and record any and all aspects of the interrogation.

141
Q

Does a peace officer need to be admonished?

A

Yes. If prior to or during the interrogation of a public safety officer it is deemed that he or she may be charged with a criminal offense, he or she shall be immediately informed of his or her constitutional rights” against self incrimination.

If a peace officer refuses to answer on the ground that the answers may be self incriminating, the deputy must be given a LYBARGER WARNING or GARRITY, that he is being ordered to answer, and his statement cannot be used against him in a subsequent criminal proceeding.

142
Q

What if a peace officer refuses to answer my questions after being fully admonished?

A

Give a direct order to answer the questions. If he refuses to answer, then write the case for insubordination.

An employee can be disciplined for refusing to answer after being admonished

143
Q

If a peace officer agrees to answer questions after being admonished, Can his answers be used against him in a criminal case?

A

Under almost all circumstances the answer is NO, the answers cannot be used in a criminal case against the officer because the statement is considered coerced.

144
Q

Is a peace officer entitled to a representative during an interrogation?

A

Yes. Whenever an interrogation focuses on matters that are likely to result in punitive action against any public safety officer, that officer, at his request shall have the right to be represented by a representative of his choice.

145
Q

Can a “public safety statement’ be taken before the employee talks to a representative?

A

Yes. However questions must be limited to public safety:

Number and directions of rounds
Injuries
Witnesses
Location and time of discharge
Suspects
Location of firearms / weapons
146
Q

Can multiple employees involved in an incident be separated under investigation?

A

Yes. There is no right to consult with legal counsel and or labor representatives collectively or in groups.

147
Q

What if a representative is unavailable at the scheduled time?

A

The investigator should attempt to agree with the representative on a mutually agreeable time without having unreasonable delay based upon the seriousness of the offense. If canceled multiple times or necessary urgency, and representative of choice not available, set time and advise employee to seek an available representative

148
Q

Can a representative also be accused in the same case?

A

No. The representative shall not be a person subject to the same investigation

149
Q

Can a representative speak during an investigation?

A

Yes. but a representative should not be answering questions for the employee. If a rep provided information, always confirm it with the employee

150
Q

Can a rep who is a police officer be compelled to tell what the officer has told him?

A

No,

in non-criminal matters: “the rep shall not be required to disclose, nor be subject to any punitive action for refusing to disclose, any information received from the officer under investigation for non criminal matters”

If criminal matter: Peace Officer Rep can be compelled to disclose.
Why: peace officer first, rep second.
(The accused peace officer will use a lawyer)

151
Q

What if I just want to talk to the peace officer? Is that an interrogation requiring a representative?

A

No.
The sections requiring a representative do “not apply to any interrogation of a public safety officer in the normal course of duty, counseling, instruction, or informal verbal admonishment by, or other routine or unplanned contact with, a supervisor or any other public safety officer, nor shall this section apply to an investigation concerned solely and directly with alleged criminal

152
Q

Can I reassign a peace officer while the investigation is being conducted?

A

Yes.
However, “[n]o public safety officer shall be loaned or temporarily reassigned to a location or duty assignment if a sworn member of his or her department would not normally be sent to that location or would not normally be given that duty assignment under similar circumstances.”

153
Q

Can I give a peace officer a lie detector test?

A

You can offer, but “[n]o public safety officer shall be compelled to submit to a lie detector test against his or her will.” § 3307
AND
No comment shall “be entered anywhere in the investigator’s notes or anywhere else that the public safety officer refused to take, or did not take, a lie detector test….”

154
Q

Can I ask about a peace officer’s financial records during an investigation?

A

“unless such information is obtained or required under state law or proper legal procedure, tends to indicate a conflict of interest with respect to the performance of his official duties…or is necessary to ascertain the desirability of assigning the public safety officer to a specialized unit in which there is a strong possibility that bribes or other improper inducements may be offered.” § 3308

155
Q

Is it a crime to tamper with evidence in order to harm a peace officer?

A

Yes.
“Any person who knowingly alters, tampers with, conceals, or destroys relevant evidence in any disciplinary proceeding against a public safety officer, for the purpose of harming that public safety officer, is guilty of a misdemeanor.” Penal Code §135.5

156
Q

Can I disclose my investigation of a peace officer to someone outside of the department?

A

No:
“Peace officer or custodial officer personnel records and records maintained by any state or local agency pursuant to Section 832.5, or information obtained from these records, are confidential and shall not be disclosed…”
Penal Code § 832.7 (Exceptions, for courts to determine). Remember this for later.

157
Q

How long do I have to complete my investigation?

A

One Year.
“No punitive action, nor denial of promotion on grounds other than merit, shall be undertaken for any act, omission, or other allegation of misconduct if the investigation of the allegation is not completed within one year of the public agency’s discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or other misconduct.” § 3304(d)

158
Q

How long do I REALLY have to complete my investigation?

A

Limited Exceptions to one year rule:
(A) If the allegation of misconduct is also the subject of a criminal investigation or criminal prosecution, the time during which the criminal investigation or prosecution is pending shall toll the one- year time period.
(B) If the public safety officer waives the one-year time period in writing, the time period is tolled as specified.
(C) If the investigation is a multijurisdictional investigation that requires a reasonable extension for coordination of the involved agencies.
(D) If the investigation involves more than one employee and requires a reasonable extension.
(E) If the investigation involves an employee who is incapacitated or otherwise unavailable.
(F) If the investigation involves a matter in civil litigation where the public safety officer is named as a party defendant, then tolled while that civil action is pending.
(G) If the investigation involves a matter in criminal litigation where the complainant is a criminal defendant, then tolled during the period of that defendant’s criminal investigation and prosecution.
(H) If the investigation involves an allegation of workers’ compensation fraud on the part of the public safety officer.

159
Q

Does a person authorized to initiate an investigation have to know or suspect the identity of the officer who allegedly committed the misconduct before the limitations period begins?

A

No. Ignorance of the accused officer’s identity does not postpone the commencement of the one-year limitations period under Government Code § 3304, subdivision (d)(1). Pedro v. City of Los Angeles, 229 Cal. App. 4th 87

160
Q

If the Department intends to impose discipline, when does the employee need to be notified?

A

“In the event that the public agency determines that discipline may be taken, it shall complete its investigation and notify the public safety officer of its proposed discipline by a Letter of Intent or Notice of Adverse Action articulating the discipline” within one year.
The requirement to notify a public safety officer of proposed discipline within the year means the officer has to receive actual notice.

161
Q

When discipline is issued, when does the employee have to receive it?

A

“In the event that the public agency determines that discipline may be taken, it shall complete its investigation and notify the public safety officer of its proposed discipline by a Letter of Intent or Notice of Adverse Action articulating the discipline” within one year.
The requirement to notify a public safety officer of proposed discipline within the year means the officer has to receive actual notice.

162
Q

Do Probationary peace officers have the right to administrative appeals of punitive actions.

A

No.

Probationary peace officers DO NOT have right to administrative appeals of punitive actions.

163
Q

What type of administrative appeal is required under POBR? § 3304

A

Administrative appeal shall be conducted in conformance with rules and procedures adopted by the public agency (e.g. civil service hearing); however,

◦ Where a punitive action does not impact officer’s pay (e.g. reprimand or punitive transfer without pay reduction), agency may provide a hearing that does not afford the peace officer a right to confront and cross-examine witnesses.
◦ Probationary employees have no appeal rights under section 3304.

164
Q

Can I search a peace officer’s locker, desk or other personal space?

A

No. “No public safety officer shall have his locker, or other space for storage that may be assigned to him searched, EXCEPT:

◦ If a valid search warrant has been obtained;

◦ where he has been notified that a search will be conducted; or

◦ in his presence; or

165
Q

Can I order a peace officer to consent to a search of his personal car or home?

A

No.

No authority permits an administratively coerced search of location other than those under department control. LAPPL v. Gates 907 F.2d 879

166
Q

Are peace officers’ personnel records deemed confidential?

A

Some are:
Not provided in POBR

Rather, the laws are:
Penal code sections 832.5 et seq. and
Evidence Code sections 1043 and 1045 Exceptions:
Discovery & SB1421

Discovery of Peace Officer Records

via Pitchess motions

167
Q

Are federal officers covered by Cal POBAR

A

No.

Cal POBAR does not cover federal officers rights

GET IT (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions