HomeMy WebLinkAboutMINUTES - 04051988 - 1.43 TO- 1-043 OF SUPERVISORS U 1���3
FROM: Phil Batchelor Ck itra
County Administrator CJlJslCi
DATE March "29, 1988 (Jo^
SUBJECT;
Legislation: Assembly Bill 3341 (Floyd)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION•
Adopt a position of opposition to AB 3341 by Assemblyman Floyd
which would make the existence of "falsified evidence" a complete
defense to any disciplinary action against a peace officer.
BACKGROUND:
Existing law provides for disciplinary proceedings to be
conducted when a public safety officer is charged with an
administrative violation. AB 3341 would go substantially beyond
existing law by specifying that: "It shall be a complete
affirmative defense to any punitive action against a public
safety officer that the employer has offered falsified evidence
in order to document the acts or omissions of . the officer upon
which the charge is based. "
County Counsel points out that this legislation is unnecessary
because any falsified evidence will be excluded in a hearing. In
addition, the question of whether any particular piece of
evidence is 'falsified will become a separate issue which will
probably have to be litigated in most, if not all, ' hearings. It
is possible that very minor evidentiary matters, inadvertently
processed, such as ,photocopying errors or incorrect transcription
of tapes, could be held to be "falsified evidence" and lead to
the insulation of outrageous misconduct by public safety
officers. For this reason, County Counsel recommends that the
Board oppose AB 3341. This office concurs in —that
recommendation.
CONTINUED ON ATTACHMENT: _: YES SIGNATURE: /
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURE(S 1:
ACTION OF BOARD ON April 5, 1900 AVPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
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.
APR 51988
cc: County Administrator ATTESTED _
Count Counsel
.y PHIL BATCHELOR, CLERK OF'THE BOARD OF
Sheriff-Coroner SUPERVISORS.AND COUNTY ADMINISTRATOR
Personnel Director
Assemblyman Richard Floyd
M382��alyh Heim, Jackson/Barish BY [ __,DEPUTY