HomeMy WebLinkAboutMINUTES - 04281987 - 1.46 7O- BOARD OF SUPERVISORS
FROM: Phil Batchelor Contra
County Administrator
Costa
DATE'. April 23 , 1987 County
SUBJECT:
Legislation: Assembly Bill 808 (Floyd)
SPECIFIC REQUEST(S) OR RECOMMENDATION(_S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION•
Adopt a position in opposition to AB 808 by Assemblyman Richard
Floyd which increases the standard of proof required to be met in
a disciplinary proceeding against a public safety officer.
BACKGROUND:
Chapter 9 .7 of Division 4 of Title 1 of the Government Code is
entitled the Public Safety Officers Procedural Bill of Rights
Act. This Chapter provides extensive protections for public
safety officers from unreasonable investigation and sets forth in
considerable detail what actions can and cannot be taken in
investigating a public safety officer. This Chapter provides for
appeal right whenever the public safety officer believes his
rights have been violated, and provides that the Superior Court
has jurisdiction over any proceeding brought by a public safety
officer against his or her employer.
Assemblyman Floyd has introduced AB 808 which specifies that a
higher standard of proof should be required when taking
disciplinary action against a public safety officer than when
similar action is taken against any other employee. This
standard of proof "clear and convincing evidence" is a much
higher standard of proof than is currently required. Public
safety officers already have substantial due process protections
and this additional burden of proof is believed to be
unnecessary.
The Sheriff-Coroner and Director of Personnel both oppose AB 808
and it is, therefore, recommended that the Board of Supervisors
also oppose AB 808.
AB 808 failed passage in the Assembly Public Safety Committee on
March 30, but has been given reconsideration. Therefore,
opposition to the bill is still appropriate.
CONTINUED ON ATTACHMENT: _ YES SIGNATURE:
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON Anril 20, 1707 APPROVED AS RECOMMENDED -XI OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
x UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES. AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THEDATE SHOWN.
APR
cc, County Administrator ATTESTED _ ^r R 2 Q W7
Sheriff-Coroner
Personnel Director PHIL BATCHELOR, CLERK OF THE BOARD OF
Jackson/Garish & Associates SUPERVISORS AND COUNTY ADMINISTRATOR
D. J. Smith Associates
CSAC Director BY ,DEPUTY
M382./7-83 Assemblyman Richard Flovd