California Supreme Court Clarifies POBRA Provision Regarding Notification of Discipline

April 18, 2008, by Jesse Lad

The California Public Safety Officers Procedural Bill of Rights Act ("POBRA") provides a limitations period specifying that punitive action may not be taken against a public safety officer unless the public agency completes its investigation and notifies the officer of the proposed disciplinary action within one year of discovering the alleged misconduct. In May v. City of Los Angeles, the California Supreme Court held that this provision does not require an employer to provide notice of the specific proposed discipline within the limitations period, and noted that the fundamental purpose of the POBRA provision at issue was to place a one-year limitation on investigations of officer misconduct. Employers are still required to notify the officer that discipline may be imposed for the identified misconduct within the limitations period. To read the Supreme Court's decision click here.

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