As predicted, in an opinion authored by Chief Justice Cantil-Sakauye, the California Supreme Court upheld the legality of “Brady tips” by law enforcement agencies to prosecutors when an officer is potential witness in a pending prosecution. It must be noted, however, that the Court’s decision did not change the fact that when an officer’s identifying information (i.e. name) is placed on a Brady list, that fact and information as to why the officer was placed…

California Public Safety Labor Blog: Watch San Joaquin County Sheriff Pat Withrow Speak Out In Support of Fair Pay and Benefits for His Deputies Watch San Joaquin County Sheriff Pat Withrow Speak Out In Support of Fair Pay and Benefits for His Deputies…

California Public Safety Labor Blog: Watch San Joaquin County Sheriff Pat Withrow Speak Out In Support of Fair Pay and Benefits for His Deputies Watch San Joaquin County Sheriff Pat Withrow Speak Out In Support of Fair Pay and Benefits for His Deputies…

In 2016, the Association of Orange County Deputy Sheriffs (“Association”) filed an unfair practice charge against the County of Orange (“County”) alleging that the County violated their duty to meet and confer in good faith when they unilaterally made changes to the Office of Independent Review (“OIR”).  The County attempted to dismiss the case by arguing that PERB did not have jurisdiction over cases brought by peace officer organizations, citing a 2000 amendment to the…

While AB 392 reaches the Governor’s desk, the ACLU is seeking to prevent SB 230 from also becoming state law. Law Enforcement stakeholders dropped their opposition to AB 392 when it was amended to eliminate the provisions that would have denied officers’ the right of self-defense if any alternative tactics could be conjured up after the fact.  Instead the bill authorizes deadly force where necessary to defend against an imminent threat of death or serious bodily…

Last week, Governor Newsom signed into law SB 94 as part of the new State Budget. SB 94 cleans up ambiguity found in amendments to the California Public Records Act (“CPRA”) which are set to go into effect today. Starting today (July 1, 2019) government agencies must begin disclosing audio and video recordings from use of forces and officer involved shootings. Under the original amendments to the CPRA, an agency may withhold a recording if…

A recently published case from the Second District Court of Appeals, clarifies when a probationary employees is entitled to appeal rights under the Public Safety Officers Procedural Bill of Rights (“POBRA”). In Conger v. County of Los Angeles, the Los Angeles County Sheriff’s Department rescinded Thomas Conger’s probationary promotion to lieutenant based on investigatory findings that he had failed to report a use of force occurring several months before his probationary promotion. Conger argued that…