Miscellaneous Flashcards
LT. study material
What records are subject to a Public Records Act request?
With few exceptions, any record in possession of a public agency is subject to disclosure.
The Brown Act ensures what?
Open government. Public meetings must be open and public.
The Brown Act requires…
Public meetings post an agenda noting the time, place, and topics to be discussed. Any closed sessions, and host a time for public comment.
The Brown Act allows for confidential “Closed” sessions for…
Pending litigation, Personnel matters, Labor relations, matters posing a security threat.
When a Public Records Act request is recieved, the agency has how many days to respond?
10 days. In unusual circumstances an extension may be granted for not more than 14 days.
If a Public Records Act request is denied the agency must…
Provide the names and titles or positions of each person responsible for the denial.
Peace officer records are confidential and may not be disclosed except via what legal process?
Pitchess discovery motion and Evidence Code 1040 thru 1043.
Can employee’s engage in political acitivity?
Yes. They cannot do so in uniform, while on duty, or while on agency premises.
What does “POBAR” stand for?
Public Safety Officers Procedural Bill of Rights Act “POBR”. Government Code 3201-3209
The employee discipline process is covered by what laws?
State, Federal, and agency/city policy.
What are “Weingarten Rights?”
A public employee’s right to have a union representative present during investigations which may result in discipline.
Before discipline can be imposed, police officers are entitled to what type of hearing and notice?
“Skelly”–the Skelly notice should list and enclose all materials that the agency relied upon in making its recommendation for proposed discipline.
Regarding cases of discipline, are police officers subject to “punitive action” mandated to receive an administrative appeal?
Yes. “Punitive Action” is any personnel action “that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer as punishment.” Gov’t code 3304(b)
What is a “Lubey” requirement?
A probationary employee’s right to a “Lubey” hearing to “clear his name” if the dismissal is alleging “immoral or dishonest” conduct.
Harassment, discrimination, or retaliation is?
Illegal. Can be expensive, and contributes to a negative public image.
