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Flashcards in Lombos Police Officers Bill of Rights Deck (14):
1

The “Act” does not apply to __________officers and _______chiefs.

It does include _____chiefs.

reserve

fire

police

2

__148.6____PC makes it a misdemeanor to file a false complaint against PD, but only applies to _______conduct .

on-duty

3

Section ________ is considered to be the heart of the Act because it specifies the rights of police officers when they are being investigated.

3303

4

A police officer who is interrogated by another police agency does not have the protection of the Act. Only if the officer’s department _____________.

orders him

5

The Act does not apply in ______________depositions

workers compensation

6

What is the name of the warning given when questioning for administrative investigations? _______ The statement given after the warning may not be used for _____________________purposes.

Lybarger

evidentiary

7

Any space under the employer’s control (such as locker) may be searched by the department, providing the officer is ______ or if the officer is present or gives consent. If not, then the employer must obtain a ____________.

notified

search warrant

8

An officer has the right to notify his employer that he does not wish his photograph or identity as a public safety officer to be published on the Internet when the officer reasonably believes that the disclosure could result in a threat, harassment, intimidation, or harm to the officer or the officer’s family.The employer must comply with such notice within ____ working days.

2

9

Both actively employed officers and former officers have the right to receive notice of adverse comments entered into their personnel files and _____ days to make a response to such comments. Even an index card maintained by IA falls under the Act’s protection, allowing the officer to view and respond to it.

30

10

The officer can request correction or deletion of material that he believes was “mistakenly or unlawfully” placed in the file. The employer has ___ calendar days to respond.

30

11

Records generated during a peace officer’s employment do not cease being personnel records after his retirement_. They _____ lose their status as “personnel records.”

do not

12

No motion is necessary for an agency to disclose personnel documents to its own attorney.Motion Procedure:
• “the party seeking the discovery or disclosure shall file a written motion with the appropriate court or administrative agency which has custody and control of the records”
• Service of the notice of motion must occur at least ___ days prior to the hearing date.
The Evidence Code provides that the court shall exclude from discovery complaints that are more than _____ years old, (in any criminal proceeding) the conclusions of any officer investigating a citizen complaint, and facts sought to be disclosed which are so remote as to make disclosure of little or no practical benefit.

15


5

13

The allowable time period between discovery of the alleged misconduct and the punitive action is __________ with certain exceptions:

• The investigation could be reopened outside the _________ period if “significant new evidence has been discovered”; and either (1) that “evidence could not reasonably have been discovered” or (2) the evidence resulted from the peace officer’s pre-disciplinary response.
• “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 ________ days of its decision, except if the public safety officer is unavailable for discipline”

• 1. Right to an “opportunity for administrative appeal”- The officer must receive “an opportunity for administrative appeal” whenever there is a “punitive action, or denial of promotion on the grounds other than merit”. _____________ is defined as any personnel action “that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment”.

1 year

30

punitive action

14

A probationary officer being discharged for misconduct that he denies is still entitled by Due Process. The following rules pertain:
• 1) a probationary officer who is released for not meeting expected standards has _________ to a hearing under Sec 3304 or under the Due Process clause;
• 2) A probationary officer who is released for misconduct that he denies is entitled to a “_____” hearing under the Due Process clause.
• 3) An officer in a probationary promotion who is demoted is entitled to a hearing.
• 4) An at-will officer who is released for not meeting expected standards is entitled to a ___________.
• 5) An at-will officer who is released for misconduct that he denies is entitled to an appeal
• 6) An at-will officer who is dismissed, demoted, suspended, reduced in salary, reprimanded in writing, or transferred for the purposes of punishment is entitled to an appeal.
• 7) An officer with a property interest, who is dismissed, demoted, suspended, or reduced in salary is entitled to an appeal
• 8) An officer with a property interest who receives a written reprimand or who is transferred for the purpose of punishment is entitled to an appeal

no

liberty interest

hearing