Public Safety Law Blog

On December 7, 2023, POST issued Bulletin No. 2023-67 which addresses recent legislation concerning cannabis use by employees. Effective January 1, 2024, California is amending Government Code section 12954, which prohibits discrimination against a person in hiring, termination, or term or condition of employment for their use of cannabis off the job and away from the workplace. Governor Newsome signed Senate Bill 700 (2023) into law in October 2023, which amended Government Code section 12954 and will make it unlawful for an employer to request information from an applicant relating to their prior use of cannabis. Accordingly, POST has modified the POST Personal History Statement – Peace Officer (2-251) and Personal History Statement – Public Safety Dispatcher (2-255) to remove inquiries concerning a candidate’s prior cannabis use.

Join AALRR Attorney John Bakhit as he presents CPOA’s 2-day POST-Certified “Officer Involved Shooting - Supervisor & Management Responsibility” course at Rialto Police Department on February 27 & 28, 2024.  This course covers the legal aspects and investigation of an Officer Involved Shooting, including critical incidents not related to the use of firearms. We will also discuss public perceptions, criminal/administrative investigations, case law, risk management issues, and dealing with the press and media.

Join AALRR Attorney John Bakhit as he presents CPOA’s 2-day POST-Certified “Officer Involved Shooting - Supervisor & Management Responsibility” course in Riverside on October 23 & 24, 2023 (Click here for event flyer).  This course covers legal aspects and investigation of an Officer Involved Shooting, including critical incidents not related to the use of firearms. We will also discuss public perceptions, criminal/ administrative investigations, case law, risk management issues, and dealing with the press and media.

John Bakhit is co-chair of AALRR’s Public Safety Team and served as an Oakland Police Officer prior to becoming an attorney. Additionally, John brings a unique perspective to the Firm’s clients since he represented public safety unions for over 15 years. 

We look forward to seeing you at Riverside PD!

Less than 3 months after Shouse v. County of Riverside (2022) 84 Cal.App.5th 1080, the California Court of Appeal handed down another ruling concerning the one-year statute of limitations found in the Public Safety Officers Procedural Bill of Rights Act, a.k.a. “POBR”. On January 26, 2023, the California Court of Appeal, Third District, ruled that the one-year statute of limitations under Government Code section 3304(d) (POBR), “begins to run on the date of the discovery of each act of misconduct, not the date an investigation is initiated for any one act…” (Garcia v. State Dep't of Developmental Servs., (“Garcia”) 88 Cal. App. 5th 460, 304 Cal. Rptr. 3d 687 (2023).)   

In Garcia, police officer Luis Garcia was demoted for misconduct and appealed the discipline through the State Personnel Board (“SPB”). The SPB upheld the demotion, determining that consideration of only some, but not all, of Garcia’s misconduct underlying the demotion was time-barred. Garcia then petitioned for writ of mandate challenging the SPB’s decision. The Superior Court, Sacramento County, denied Garcia’s petition and Garcia appealed. The Court explained that not only is the language in Government Code section 3304(d)(1) plain and clear, but case precedent also confirms that “the date of discovery, not the date any investigation is initiated, is the guiding consideration. As our Supreme Court explained in a prior case involving section 3304(d)(1), “[t]he one-year period runs from the time the misconduct is discovered”, referring to Mays v. City of Los Angeles (2008) 43 Cal.4th 313, 322, 74 Cal.Rptr.3d 891, 180 P.3d 935. (Garcia v. State Dep't of Developmental Servs., 88 Cal. App. 5th 460, 304 Cal. Rptr. 3d 687, 692 (2023).)

This case is yet another example of the importance of utilizing experienced counsel that are well versed in POBR. In addition to our regular blog posts concerning legal updates affecting public safety, we are also presenting a 3-part Intro to POBR series via webinar for your convenience. Click here to learn more and register for this important training.

This AALRR posting is intended for informational purposes only and should not be relied upon in reaching a conclusion in a particular area of law. Applicability of the legal principles discussed may differ substantially in individual situations. Receipt of this or any other AALRR publication does not create an attorney-client relationship. The Firm is not responsible for inadvertent errors that may occur in the publishing process. 

© 2023 Atkinson, Andelson, Loya, Ruud & Romo

On November 3, 2022, the California Court of Appeal, Fourth District, issued a decision in the case of Shouse v. County of Riverside (2022) 84 Cal.App.5th 1080, ruling that the one-year statute of limitations under Government Code section 3304(d), the Public Safety Officers Procedural Bill of Rights Act (POBRA), did not start to run until the “officer authorized to initiate an investigation knows or has reason to know that the conduct involves actionable misconduct.”  Shouse v. County of Riverside, supra, at 1089

Join AALRR Attorney John Bakhit as he presents the California Peace Officers’ Association’s two-day POST-Certified “Officer Involved Shooting - Supervisor & Management Responsibility” course in Newport Beach on March 28 & 29, 2023 (click here for flyer).  This course will cover the legal aspects and investigation of an Officer Involved Shooting, and also critical incidents not related to the use of firearms. We will discuss public perceptions, criminal/administrative investigations, case law, risk management issues, and dealing with the press and media.