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Join host Sloan Simmons as he sits down with Partner Wiley Driskill to discuss California’s Police Officer’s Bill of Rights (POBR) and Firefighter’s Bill of Rights (FOBR).  This back and forth provides a useful primer for municipal employers regarding the purpose of the POBR and FOBR statutory schemes, the rights they entitle to law enforcement officers and firefighters in the context of disciplinary investigations, personnel files, and other matters.

Show Notes & References

• 1:15 – Overview of the Police Officers Bill of Rights (POBR) (1976) and the Firefighters Bill of Rights (FOBR) (2007)
• 3:15 – The legislative intent behind POBR and FOBR
• 4:13 – Punitive actions under POBR and FOBR
• 5:48 – Employee protections and rights during investigations
• 6:51 – Notices afforded to employees prior to and during investigation
• 7:55 – Evidence and recording during investigations
• 11:50 – Refusal to answer questions during the interview
• 12:06 –Lybarger v. City of Los Angeles (1985) 40 Cal.3d 822
• 14:45 – The right to representation
• 15:37 – Timelines for commencing investigations and statutes of limitations
• 21:27 – Rules around employee personnel files
• 22:35 – The right to inspect personnel files
• 23:40 – Legal options for employees with position that rights have been violated
• 24:08 – Exhaustion of administrative remedies is not a requirement under POBR and FOBR
• 25:25 – Potential outcomes if employee prevails in legal action alleging violations

 

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast

 

Disclaimer: As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this podcast episode does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.