HomeMy WebLinkAboutMINUTES - 04191988 - 1.38 TD- BOARD OF SUPERVISORS
FROM; Phil Batchelor C=tra
County Administrator
DATE*. April 11, 1988 COmty
SUBJECT;
Legislation: Senate Bill 2177 (McCorquodale)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a. positiori in opposition to SB 2177 -by Senator McCorquodale
which would require that in any disciplinary action against a
public safety .officer where the charged violation is punishable
by dismissal that the employer prove the charge by clear and
convincing evidence.
BACKGROUND-
. Existing. law provides for disciplinary proceedings to be
conducted when a public safety officer is charged with an
administrative violation. SB. 2177 goes beyond existing law by
requiring a specific standard. of proof in order to be able to
dismiss, a public safety officer. The bill justifies such a
higher standard of proof on the basis that a public safety
officer is ' held to . a higher standard of conduct and behavior in
the exercise of his or her duties. Therefore, a higher standard
of proof should be used to determine whether the public safety
officer has breached. this higher standard of conduct.
The standard of conduct expected of public safety officers has
nothing whatever to do with the standard of proof. which is
appropriate to apply in judging whether a dismissal is ,
appropriate for certain violations. The standard of proof
proposed by SB 2177 is different than. that which must be applied
to any other employee in order to justify a dismissal. Assuming
a public safety. officer is Yield to a higher standard of conduct
than are other employees, it should perhaps require less
stringent. proof that that . standard of conduct has been violated
that would be applied to employees who need meet a less stringent
standard of conduct.
County Counsel recommends. that the Board of Supervisors oppose SB
2177 and this .office concurs in that recommendation.
CONTINUED ON- ATTACHMENT' YES - SIGNATURE: /
_X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF `BOARD COMMITTEE
._ APPROVE OTHER
S1GNATUR
E S
ACTION OF BOARD ON pri1 19, 988 -�APPROVED AS RECOMMENDED OTHER
VOTE OF. SUPERVISORS
1 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 THE DATE SHOWN.
County Administrator APR 19 .1988
CC: County Counsel ATTESTED
Sheriff-Coroner PHIL BATCHELOR, CLERK OF THE BOARD OF
Personnel Director SUPERVISORS AND COUNTY ADMINISTRATOR
Senator McCorquodale, /f
CSAC "//�/t.� �iiSZ
Ralph Heim, Jackson/Barish BY ,DEPUTY
M382/7-83 -