POBR2a

Question 1

What does POBR stand for?

Answer 1

Public Safety Officers Procedural Bill of Rights

Question 2

Where does the authority for the POBR come from?

Answer 2

Government Code (Sections 33-3313)

Question 3

Can a public safety officer be prohibited from, or coerced or required to engage in, political activity?

Answer 3

No.

Question 4

Can a peace officer be prohibited from engaging in political activity while on duty or in uniform?

Answer 4

Yes.

Question 5

When a peace officer is under investigation and being interrogated by a member of his department, when must the interrogation take place?

Answer 5

At a reasonable hour, either when the officer is on-duty or during normal waking hours of the officer, except if the seriousness of the investigation requires otherwise.

Question 6

If a peace officer is interrogated by his department while he is off-duty, does the officer have to be compensated for that time?

Answer 6

Yes, in accordance with regular departmental procedures.

Question 7

Does a peace officer subject to interrogation by his department have to be told who will be interrogating him?

Answer 7

Yes. Shall be informed prior to the interrogation of the rank, name, and command of the person in charge of the interrogation, the interrogating officers, and all other persons to be present at the interrogation.

Question 8

During an interrogation, all questions shall be asked by no more than how many interrogators at one time?

Answer 8

2

Question 9

Does a peace officer under investigation have to be informed of the nature of the investigation? When?

Answer 9

Yes, prior to the interrogation.

Question 10

Can a peace officer being interrogated use the restroom during the interrogation?

Answer 10

Yes, shall be allowed to attend to personal physical necessities.

Question 11

Can a peace officer being interrogated be subjected to offensive language or threatened with punitive action?

Answer 11

No, except he can be informed that failure to answer questions could result in punitive action.

Question 12

Can a promise or reward be made to induce an officer being interrogated to answer questions?

Answer 12

No.

Question 13

Can an employer cause a peace officer under interrogation to be subjected to visits by the media or provide his home address or photograph to the media?

Answer 13

No, except if the peace officer gives express consent.

Question 14

Can a statement made be a peace officer during interrogation under duress, coercion, or threat of punitive action be admissible in a subsequent civil proceeding?

Answer 14

No, with the following exceptions: When the employing department is seeking civil sanction including disciplinary action. When the civil action is brought by that officer. When 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. If that officer is subsequently deceased.

Question 15

Can the interrogation of a peace officer be recorded? Tape recorded?

Answer 15

Yes. If tape recorded, the officer shall have access to the tape if further proceedings are contemplated and before any subsequent interrogation.

Question 16

Is a peace officer entitled to a transcribed copy of his interrogation made by a stenographer?

Answer 16

Yes.

Question 17

Can notes or reports pertinent to the interrogation be entered into the officer’s personnel file?

Answer 17

No.

Question 18

Can a peace officer being interrogated bring his own recording device and record the proceeding?

Answer 18

Yes, can record any and all aspects of the interrogation.

Question 19

During an interrogation, when does the officer have to be advised of his constitutional rights?

Answer 19

Only if prior to or during the interrogation it is deemed that the officer may be charged with a criminal offense.

Question 20

When does a peace officer have the right to be represented during an interrogation?

Answer 20

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.

Question 21

Can an officer’s representative during an interrogation be a person subject to the same investigation?

Answer 21

No.

Question 22

Can an officer’s representative during an interrogation be required to disclose information received from the officer?

Answer 22

No, provided the investigation is for noncriminal matters.

Question 23

Can an officer under investigation be loaned or temporarily reassigned to another location or duty assignment?

Answer 23

Yes, provided that a sworn member of his department would normally be sent to that location or duty assignment under similar circumstances.

Question 24

Can a department order one of its officers to cooperate with another agency’s criminal investigation?

Answer 24

Yes. If the officer refuses, he may be charged with insubordination.

Question 25

What must an officer have the opportunity for if he is subject to punitive action or denied promotion for reasons other than merit?

Answer 25

Administrative appeal (provided the officer is off of probation).

Question 26

In general, no punitive action or denial of promotion except if based on merit can be undertaken against an officer for an act of misconduct unless the investigation of the allegation is completed within how much time of the agency’s discovery of the allegation by a person authorized to initiate the investigation?

Answer 26

1 year. The one year limitation only apples if the misconduct occurred on or after January 1, 1998. The officer would normally have to be notified of proposed disciplinary action during that one-year period, unless the misconduct is also the subject of a criminal investigation. There are 7 other exceptions.

Question 27

If a public agency decides to impose disciplinary action on an officer, it must notify the officer of that decision within how long?

Answer 27

Within 3 days, except if the officer is unavailable for discipline.

Question 28

Can an investigation against an officer for misconduct be re-opened after the one-year limitation period?

Answer 28

Yes, provided significant new evidence has been discovered that is likely to affect the outcome of the investigation.

Question 29

For CHP officers, does the 3-day time period for notifying an officer of disciplinary action commence with the service of the preliminary notice of adverse action, should the Department elect to provide that notice to the officer?

Answer 29

No.

Question 30

A comment adverse to an officer’s interests can only be placed in his personnel file under what condition?

Answer 30

The officer has to first read and sign the document. If the officer refuses to sign, that fact shall be noted on the document and signed and dated by the observing officer or sergeant.

Question 31

How long does an officer have to file a written response to an adverse comment placed in his personnel file?

Answer 31

3 days. The written response shall be attached to, and accompany the adverse comment.

Question 32

Does an officer have the right to inspect his personnel file? If so, when?

Answer 32

Yes. At reasonable times and reasonable intervals, during usual business hours, with no loss of compensation to the officer.

Question 33

Can an officer request that certain items be removed or deleted from his personnel file?

Answer 33

Yes, if he believes the item was incorrectly or unlawfully placed. Must make the request in writing. The request must include a statement of the reasons for removing the items. The statement is placed in the personnel file.

Question 34

How long after an officer has made a written request to have items removed from his personnel file does the agency have to respond?

Answer 34

Must respond in writing within 3 days of receipt of the request. If denied, the agency must provide a written statement describing the reasons and place it in the officer’s personnel file.

Question 35

Can a peace officer be compelled to submit to a lie detector test?

Answer 35

No.

Question 36

Can disciplinary action be taken against an officer for refusing to submit to a lie detector test?

Answer 36

No. No notes can be taken by an investigator pertaining to an officer’s refusal to take a lie detector test.

Question 37

Is testimony or evidence admissible at a hearing, trial, proceeding, whether judicial or administrative, pertaining to an officer refusing to take, or being subjected to, a lie detector test?

Answer 37

No.

Question 38

Can an officer be required by his department or other public agency to consent to the use of his photograph or identity as a peace officer on the internet?

Answer 38

No. The officer can consent to it.

Question 39

Can an officer be required or requested by his department to disclose his income, property, assets, debts, or personal expenditures for purposes of job assignment or personnel action?

Answer 39

No, unless required by law or if necessary to ascertain the desirability of assigning the officer to a specialized unit in which there is a strong possibility that bribes or other improper inducements may be offered.

Question 40

Under what conditions can an officer’s locker or other assigned storage area be searched?

Answer 40

Under any one of the following conditions: In his presence, With his consent, With a valid search warrant, Or when the officer has been notified that a search will be conducted.

Question 41

Which court has initial jurisdiction over any proceeding brought by any peace officer against any public safety department for alleged POBR violations?

Answer 41

Superior Court

Question 42

Can a department take punitive action against an officer for wearing a pin or displaying any other item containing the American flag?

Answer 42

Yes, but only under with written notice containing all of the following: A statement that the item violates existing rule, regulation, or policy. A citation of the rule, regulation, or policy in violation. A statement that the officer may file an appeal against the employer challenging the violation.