Section § 3300

Explanation

This law section is officially named the Public Safety Officers Procedural Bill of Rights Act. It establishes a set of guidelines specifically designed to protect the rights of public safety officers during the investigation and disciplinary proceedings.

This chapter is known and may be cited as the Public Safety Officers Procedural Bill of Rights Act.

Section § 3301

Explanation

This law section defines who is considered a public safety officer. It includes specific peace officers as described in various Penal Code sections, but excludes certain subdivisions. It goes on to emphasize the importance of the rights and protections granted to these officers, stating that they are essential for statewide concern due to their role in ensuring stable relationships between public safety employees and their employers. The law aims to guarantee these stable relationships to ensure effective law enforcement services throughout California.

For purposes of this chapter, the term public safety officer means all peace officers specified in Sections 830.1, 830.2, 830.3, 830.31, 830.32, 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.
The Legislature hereby finds and declares that the rights and protections provided to peace officers under this chapter constitute a matter of statewide concern. The Legislature further finds and declares that effective law enforcement depends upon the maintenance of stable employer-employee relations, between public safety employees and their employers. In order to assure that stable relations are continued throughout the state and to further assure that effective services are provided to all people of the state, it is necessary that this chapter be applicable to all public safety officers, as defined in this section, wherever situated within the State of California.

Section § 3302

Explanation

This law states that public safety officers in California, such as police officers or firefighters, have the right to participate in political activities while off duty and out of uniform. They can't be forced to participate in politics either. Furthermore, they are allowed to run for and serve on a school district's governing board without any restrictions.

(a)CA Government Code § 3302(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.
(b)CA Government Code § 3302(b) No public safety officer shall be prohibited from seeking election to, or serving as a member of, the governing board of a school district.

Section § 3303

Explanation

This law outlines how public safety officers should be treated during interrogations that could lead to disciplinary actions, like suspension or demotion. It specifies the conditions for when and how interrogations happen, such as doing them at reasonable times and compensating for off-duty hours if applicable. Officers must be informed about the investigation and personnel involved before starting. The questioning should be fair, without threats or inducements for answers, and officers should be allowed time for personal needs. Officers can record the session, access recordings, and have a representative present if facing possible disciplinary actions. If charges might be criminal, officers must be informed of their rights. Privacy protections include restrictions on media exposure and sensitive information. This section doesn't apply to normal routines like counseling or investigations into criminal activities. Also, officers can't be unfairly reassigned during these processes.

When any public safety officer is under investigation and subjected to interrogation by his or her commanding officer, or any other member of the employing public safety department, that could lead to punitive action, the interrogation shall be conducted under the following conditions. For the purpose of this chapter, punitive action means any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.
(a)CA Government Code § 3303(a) The interrogation shall be conducted 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 the seriousness of the investigation requires otherwise. 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, and the public safety officer shall not be released from employment for any work missed.
(b)CA Government Code § 3303(b) 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 other persons to be present during the interrogation. All questions directed to the public safety officer under interrogation shall be asked by and through no more than two interrogators at one time.
(c)CA Government Code § 3303(c) The public safety officer under investigation shall be informed of the nature of the investigation prior to any interrogation.
(d)CA Government Code § 3303(d) The interrogating session shall be for a reasonable period taking into consideration gravity and complexity of the issue being investigated. The person under interrogation shall be allowed to attend to his or her own personal physical necessities.
(e)CA Government Code § 3303(e) The public safety officer under interrogation shall not be subjected to offensive language or threatened with punitive action, except that an officer refusing to respond to questions or submit to interrogations shall be informed that failure to answer questions directly related to the investigation or interrogation may result in punitive action. No promise of reward shall be made as an inducement to answering any question. The employer shall not cause the public safety officer under interrogation to be subjected to visits by the press or news media without his or her express consent nor shall his or her home address or photograph be given to the press or news media without his or her express consent.
(f)CA Government Code § 3303(f) No statement made during interrogation by a public safety officer under duress, coercion, or threat of punitive action shall be admissible in any subsequent civil proceeding. This subdivision is subject to the following qualifications:
(1)CA Government Code § 3303(f)(1) This subdivision shall not limit the use of statements made by a public safety officer when the employing public safety department is seeking civil sanctions against any public safety officer, including disciplinary action brought under Section 19572.
(2)CA Government Code § 3303(f)(2) This subdivision shall not prevent the admissibility of statements made by the public safety officer under interrogation in any civil action, including administrative actions, brought by that public safety officer, or that officer’s exclusive representative, arising out of a disciplinary action.
(3)CA Government Code § 3303(f)(3) This subdivision shall not prevent statements made by a public safety officer under interrogation from being used to impeach the testimony of that officer after an in camera review to determine whether the statements serve to impeach the testimony of the officer.
(4)CA Government Code § 3303(f)(4) This subdivision shall not otherwise prevent the admissibility of statements made by a public safety officer under interrogation if that officer subsequently is deceased.
(g)CA Government Code § 3303(g) The complete interrogation of a public safety officer may be recorded. If a tape recording is made of the interrogation, 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. The public safety officer shall be entitled to a transcribed copy of any notes made by a stenographer or to any reports or complaints made by investigators or other persons, except those which are deemed by the investigating agency to be confidential. No notes or reports that are deemed to be confidential may be entered in the officer’s personnel file. The public safety officer being interrogated shall have the right to bring his or her own recording device and record any and all aspects of the interrogation.
(h)CA Government Code § 3303(h) 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.
(i)CA Government Code § 3303(i) Upon the filing of a formal written statement of charges, or whenever an interrogation focuses on matters that are likely to result in punitive action against any public safety officer, that officer, at his or her request, shall have the right to be represented by a representative of his or her choice who may be present at all times during the interrogation. The representative shall not be a person subject to the same investigation. The representative 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 noncriminal matters.
This section 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, nor shall this section apply to an investigation concerned solely and directly with alleged criminal activities.
(j)CA Government Code § 3303(j) 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.

Section § 3304

Explanation

This law protects public safety officers from being unfairly punished, denied promotions, or threatened for exercising their rights. It ensures they must have a chance to appeal against any punitive actions. Officers cannot be removed or demoted without notice and a good reason. Investigations into misconduct must be completed within a year unless there are special circumstances like ongoing criminal investigations, multijurisdictional cases, or if significant new evidence arises. Chiefs of police must get written notice and reasons if removed, though it does not guarantee them employment rights beyond what the law or rules provide.

(a)CA Government Code § 3304(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.
Nothing in this section shall preclude a head of an agency from ordering a public safety officer to cooperate with other agencies involved in criminal investigations. If an officer fails to comply with such an order, the agency may officially charge him or her with insubordination.
(b)CA Government Code § 3304(b) 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.
(c)CA Government Code § 3304(c) No chief of police may be removed by a public agency, or appointing authority, without providing the chief of police with written notice and the reason or reasons therefor and an opportunity for administrative appeal.
For purposes of this subdivision, the removal of a chief of police by a public agency or appointing authority, for the purpose of implementing the goals or policies, or both, of the public agency or appointing authority, for reasons including, but not limited to, incompatibility of management styles or as a result of a change in administration, shall be sufficient to constitute “reason or reasons.”
Nothing in this subdivision shall be construed to create a property interest, where one does not exist by rule or law, in the job of Chief of Police.
(d)Copy CA Government Code § 3304(d)
(1)Copy CA Government Code § 3304(d)(1) Except as provided in this subdivision and subdivision (g), 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. This one-year limitation period shall apply only if the act, omission, or other misconduct occurred on or after January 1, 1998. 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 that year, except as provided in paragraph (2). The public agency shall not be required to impose the discipline within that one-year period.
(2)Copy CA Government Code § 3304(d)(2)
(A)Copy CA Government Code § 3304(d)(2)(A) If the act, omission, or other allegation of misconduct is also the subject of a criminal investigation or criminal prosecution, the time during which the criminal investigation or criminal prosecution is pending shall toll the one-year time period.
(B)CA Government Code § 3304(d)(2)(A)(B) If the public safety officer waives the one-year time period in writing, the time period shall be tolled for the period of time specified in the written waiver.
(C)CA Government Code § 3304(d)(2)(A)(C) If the investigation is a multijurisdictional investigation that requires a reasonable extension for coordination of the involved agencies.
(D)CA Government Code § 3304(d)(2)(A)(D) If the investigation involves more than one employee and requires a reasonable extension.
(E)CA Government Code § 3304(d)(2)(A)(E) If the investigation involves an employee who is incapacitated or otherwise unavailable.
(F)CA Government Code § 3304(d)(2)(A)(F) If the investigation involves a matter in civil litigation where the public safety officer is named as a party defendant, the one-year time period shall be tolled while that civil action is pending.
(G)CA Government Code § 3304(d)(2)(A)(G) If the investigation involves a matter in criminal litigation where the complainant is a criminal defendant, the one-year time period shall be tolled during the period of that defendant’s criminal investigation and prosecution.
(H)CA Government Code § 3304(d)(2)(A)(H) If the investigation involves an allegation of workers’ compensation fraud on the part of the public safety officer.
(e)CA Government Code § 3304(e) Where a predisciplinary response or grievance procedure is required or utilized, the time for this response or procedure shall not be governed or limited by this chapter.
(f)CA Government Code § 3304(f) If, after investigation and any predisciplinary response or procedure, the public agency decides to impose discipline, the public agency shall notify the public safety officer in writing of its decision to impose discipline, including the date that the discipline will be imposed, within 30 days of its decision, except if the public safety officer is unavailable for discipline.
(g)CA Government Code § 3304(g) Notwithstanding the one-year time period specified in subdivision (d), an investigation may be reopened against a public safety officer if both of the following circumstances exist:
(1)CA Government Code § 3304(g)(1) Significant new evidence has been discovered that is likely to affect the outcome of the investigation.
(2)CA Government Code § 3304(g)(2) One of the following conditions exist:
(A)CA Government Code § 3304(g)(2)(A) The evidence could not reasonably have been discovered in the normal course of investigation without resorting to extraordinary measures by the agency.
(B)CA Government Code § 3304(g)(2)(B) The evidence resulted from the public safety officer’s predisciplinary response or procedure.
(h)CA Government Code § 3304(h) For those members listed in subdivision (a) of Section 830.2 of the Penal Code, the 30-day time period provided for in subdivision (f) shall not commence with the service of a preliminary notice of adverse action, should the public agency elect to provide the public safety officer with such a notice.

Section § 3304.5

Explanation

If a public safety officer in California starts an administrative appeal, the process must follow the rules and procedures set by their local public agency.

An administrative appeal instituted by a public safety officer under this chapter shall be conducted in conformance with rules and procedures adopted by the local public agency.

Section § 3305

Explanation

If there's a negative comment about a public safety officer that will go into their personnel file, the officer must read and sign it first to show they're aware of it. If the officer refuses to sign it, that refusal will be noted, and the officer must either sign or initial this note.

No public safety officer shall have any comment adverse to his interest entered in his personnel file, or any other file used for any personnel purposes by his employer, without the public safety officer having first read and signed the instrument containing the adverse comment indicating he is aware of such comment, except that such entry may be made if after reading such instrument the public safety officer refuses to sign it. Should a public safety officer refuse to sign, that fact shall be noted on that document, and signed or initialed by such officer.

Section § 3305.5

Explanation

If a public safety officer's name is on a Brady list, they can't be punished or denied a promotion just because of that listing. However, if there are underlying actions that justify such decisions, those actions can be addressed according to agency rules.

Evidently, a name's presence on a Brady list can't be used in appeals against punitive actions except when the actual misconduct is proven during the appeal, and then only to decide the severity of the punishment.

A Brady list contains names of officers suspected of dishonesty or bias, maintained as a result of court rules from Brady v. Maryland.

(a)CA Government Code § 3305.5(a) A punitive action, or denial of promotion on grounds other than merit, 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, or that the officer’s name may otherwise be subject to disclosure pursuant to Brady v. Maryland (1963) 373 U.S. 83.
(b)CA Government Code § 3305.5(b) This section shall not prohibit a public agency from taking punitive action, denying promotion on grounds other than merit, or taking other personnel 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, or may otherwise be subject to disclosure pursuant to Brady v. Maryland (1963) 373 U.S. 83, if the actions taken by the public agency otherwise conform to this chapter and to the rules and procedures adopted by the local agency.
(c)CA Government Code § 3305.5(c) Evidence that a public safety officer’s name has been placed on a Brady list, or may otherwise be subject to disclosure pursuant to Brady v. Maryland (1963) 373 U.S. 83, shall not be introduced for any purpose in any administrative appeal of a punitive action, except as provided in subdivision (d).
(d)CA Government Code § 3305.5(d) Evidence that a public safety officer’s name was placed on a Brady list may only be introduced if, during the administrative appeal of a punitive action against an officer, the underlying act or omission for which that officer’s name was placed on a Brady list is proven and the officer is found to be subject to some form of punitive action. If the hearing officer or other administrative appeal tribunal finds or determines that a public safety officer has committed the underlying acts or omissions that will result in a punitive action, denial of a promotion on grounds other than merit, or any other adverse personnel action, and evidence exists that a public safety officer’s name has been placed on a Brady list, or may otherwise be subject to disclosure pursuant to Brady v. Maryland (1963) 373 U.S. 83, then the evidence shall be introduced for the sole purpose of determining the type or level of punitive action to be imposed.
(e)CA Government Code § 3305.5(e) For purposes of this section, “Brady list” means any system, index, list, or other record containing the names of peace officers whose personnel files are likely to contain evidence of dishonesty or bias, which is maintained by a prosecutorial agency or office in accordance with the holding in Brady v. Maryland (1963) 373 U.S. 83.

Section § 3306

Explanation

If a public safety officer receives a negative comment in their personnel file, they have 30 days to write a response. This response must be attached to and accompany the negative comment in their file.

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.

Section § 3306.5

Explanation

This law outlines a public safety officer's right to access and review their personnel files. Employers must allow officers to inspect these files during usual business hours, with no loss of pay, whenever requested. The files should include everything used to decide employment matters like promotions, raises, or disciplinary actions. If officers find incorrect or unlawful information in their files, they can submit a written request for removal or correction, detailing the issues and reasons. Employers have 30 days to respond, either agreeing to make changes or explaining in writing if they refuse, which also becomes part of the file.

(a)CA Government Code § 3306.5(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.
(b)CA Government Code § 3306.5(b) Each employer shall keep each public safety officer’s personnel file or a true and correct copy thereof , and shall make the file or copy thereof available within a reasonable period of time after a request therefor by the officer.
(c)CA Government Code § 3306.5(c) If, after examination of the officer’s personnel file, the officer believes that any portion of the material is mistakenly or unlawfully placed in the file, 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.
(d)CA Government Code § 3306.5(d) Within 30 calendar days of receipt of a request made pursuant to subdivision (c), the employer shall either grant the officer’s request or notify the officer of the decision to refuse to grant the request. If the employer refuses to grant the request, in whole or in part, the employer shall state in writing the reasons for refusing the request, and that written statement shall become part of the personnel file of the officer.

Section § 3307

Explanation

This law protects public safety officers by ensuring they cannot be forced to take a lie detector test if they do not want to. If they refuse to take such a test, it cannot be used against them in terms of disciplinary action, nor can it be mentioned in any investigation records or court proceedings. The term 'lie detector' covers devices like polygraphs and similar technology that are used to assess honesty.

(a)CA Government Code § 3307(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.
(b)CA Government Code § 3307(b) For the purpose of this section, “lie detector” means a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator, or any other similar device, whether mechanical or electrical, that is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual.

Section § 3307.5

Explanation

This law states that public safety officers cannot be forced to allow their photos or identities to be used online by their employers if they believe it might lead to threats or harm. If an officer thinks there's a risk, they can ask their department to stop using their image. If the department doesn't comply, the officer can seek a court order to prevent it, and the department may face penalties of up to $500 per day after being notified.

(a)CA Government Code § 3307.5(a) 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.
(b)CA Government Code § 3307.5(b) Based upon his or her reasonable belief that the disclosure of his or her photograph or identity as a public safety officer on the Internet as described in subdivision (a) may result in a threat, harassment, intimidation, or harm, the officer may notify the department or other public agency to cease and desist from that disclosure. After the notification to cease and desist, the officer, a district attorney, or a United States Attorney may seek an injunction prohibiting any official or unofficial use by the department or other public agency on the Internet of his or her photograph or identity as a public safety officer. The court may impose a civil penalty in an amount not to exceed five hundred dollars ($500) per day commencing two working days after the date of receipt of the notification to cease and desist.

Section § 3308

Explanation

This law protects public safety officers from being forced to share details about their personal finances or property as part of their job, unless it's mandated by law or necessary to check for conflicts of interest. It could also be required if the officer is being considered for a specialized unit where there's a higher risk of bribery.

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.

Section § 3309

Explanation

This law states that a public safety officer's locker or storage space at work can only be searched in specific circumstances: either the officer is present, has given consent, a valid search warrant is obtained, or the officer has been notified of the search. This applies only to lockers or storage spaces owned or rented by the agency employing the officer.

No public safety officer shall have his locker, or other space for storage that may be assigned to him searched except in his presence, or with his consent, or unless a valid search warrant has been obtained or 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.

Section § 3309.5

Explanation

This law ensures that public safety departments cannot deny the rights or protections of public safety officers. If these rights are violated, the superior court can order the department to stop any unfair actions and prevent them from doing it again. The court can also penalize improper lawsuits if they are brought in bad faith or for improper reasons, covering the department's legal costs. Further, malicious violations by the department intending to harm an officer can lead to fines up to $25,000 and additional payments for actual damages and attorney fees to the affected officer. These penalties do not apply to contractors if there's a contract clause exempting the department from liability for the contractor's actions.

(a)CA Government Code § 3309.5(a) It shall be unlawful for any public safety department to deny or refuse to any public safety officer the rights and protections guaranteed to him or her by this chapter.
(b)CA Government Code § 3309.5(b) Nothing in subdivision (h) of Section 11181 shall be construed to affect the rights and protections afforded to state public safety officers under this chapter or under Section 832.5 of the Penal Code.
(c)CA Government Code § 3309.5(c) The superior court shall have initial jurisdiction over any proceeding brought by any public safety officer against any public safety department for alleged violations of this chapter.
(d)Copy CA Government Code § 3309.5(d)
(1)Copy CA Government Code § 3309.5(d)(1) In any case where the superior court finds that a public safety department has violated any of the provisions of this chapter, the court shall render appropriate injunctive or other extraordinary relief to remedy the violation and to prevent future violations of a like or similar nature, including, but not limited to, the granting of a temporary restraining order, preliminary injunction, or permanent injunction prohibiting the public safety department from taking any punitive action against the public safety officer.
(2)CA Government Code § 3309.5(d)(2) If the court finds that a bad faith or frivolous action or a filing for an improper purpose has been brought pursuant to this chapter, the court may order sanctions against the party filing the action, the party’s attorney, or both, pursuant to Sections 128.6 and 128.7 of the Code of Civil Procedure. Those sanctions may include, but not be limited to, reasonable expenses, including attorney’s fees, incurred by a public safety department as the court deems appropriate. Nothing in this paragraph is intended to subject actions or filings under this section to rules or standards that are different from those applicable to other civil actions or filings subject to Section 128.6 or 128.7 of the Code of Civil Procedure.
(e)CA Government Code § 3309.5(e) In addition to the extraordinary relief afforded by this chapter, upon a finding by a superior court that a public safety department, its employees, agents, or assigns, with respect to acts taken within the scope of employment, 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 twenty-five thousand dollars ($25,000) to be awarded to the public safety officer whose right or protection was denied and for reasonable attorney’s fees as may be determined by the court. If the court so finds, and there is sufficient evidence to establish actual damages suffered by the officer whose right or protection was denied, the public safety department shall also be liable for the amount of the actual damages. Notwithstanding these provisions, a public safety department may not be required to indemnify a contractor for the contractor’s liability pursuant to this subdivision if there is, within the contract between the public safety department and the contractor, a “hold harmless” or similar provision that protects the public safety department from liability for the actions of the contractor. An individual shall not be liable for any act for which a public safety department is liable under this section.

Section § 3310

Explanation

This section explains that if a public agency has its own set of procedures that give peace officers at least the same rights or protections as those outlined in this chapter, then the agency does not have to follow this chapter's rules for those procedures.

Any public agency which has adopted, through action of its governing body or its official designee, any procedure which at a minimum provides to peace officers the same rights or protections as provided pursuant to this chapter shall not be subject to this chapter with regard to such a procedure.

Section § 3311

Explanation

This law section makes it clear that it does not restrict public safety agencies or officers from participating in mutual aid agreements with other agencies or jurisdictions. It also doesn't limit cooperation between different areas or groups if they find it necessary or beneficial.

Nothing in this chapter shall in any way be construed to limit the use of any public safety agency or any public safety officer in the fulfilling of mutual aid agreements with other jurisdictions or agencies, nor shall this chapter be construed in any way to limit any jurisdictional or interagency cooperation under any circumstances where such activity is deemed necessary or desirable by the jurisdictions or the agencies involved.

Section § 3312

Explanation

This law protects public safety officers from being punished by their employer for wearing or displaying items with the American flag. However, if there's an issue, the employer must provide written notice to the officer. This notice must explain why the item breaks any existing rules, pointing to the specific rule it violates and informing the officer of their right to appeal the action through proper grievance procedures.

Notwithstanding any other provision of law, the employer of a public safety officer may not take any punitive action against an officer for wearing a pin or displaying any other item containing the American flag, unless the employer gives the officer written notice that includes all of the following:
(a)CA Government Code § 3312(a) A statement that the officer’s pin or other item violates an existing rule, regulation, policy, or local agency agreement or contract regarding the wearing of a pin, or the displaying of any other item, containing the American flag.
(b)CA Government Code § 3312(b) A citation to the specific rule, regulation, policy, or local agency agreement or contract that the pin or other item violates.
(c)CA Government Code § 3312(c) A statement that the officer may file an appeal against the employer challenging the alleged violation pursuant to applicable grievance or appeal procedures adopted by the department or public agency that otherwise comply with existing law.

Section § 3313

Explanation

This section mandates that during the 2005–06 fiscal year, the Commission on State Mandates must review and possibly modify its decision about the Peace Officer Procedural Bill of Rights. The aim is to ensure its decision aligns with relevant court decisions, including a specific case involving San Diego Unified School District. If changes are made, they will only affect local government peace officer activities that happen after these revisions are adopted.

In the 2005–06 fiscal year, the Commission on State Mandates shall review its statement of decision regarding the Peace Officer Procedural Bill of Rights test claim and make any modifications necessary to this decision to clarify whether the subject legislation imposed a mandate consistent with the California Supreme Court Decision in San Diego Unified School Dist. v. Commission on State Mandates (2004) 33 Cal.4th 859 and other applicable court decisions. If the Commission on State Mandates revises its statement of decision regarding the Peace Officer Procedural Bill of Rights test claim, the revised decision shall apply to local government Peace Officer Procedural Bill of Rights activities occurring after the date the revised decision is adopted.